Due Diligence Solicitors

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Our due diligence solicitors offer advice for business owners and investors regarding the risks and liabilities involved with large business transactions or investments. As part of the due diligence process, we review and verify all information and documentation provided by the target company to ensure that you are aware of any potential risks that could impact your business after the transaction is complete. 

 

With a proven track record of advising commercial clients on mergers, acquisitions and business investments, dating back to 2014, and with over a century of combined experience under their belt, our commercial law team has all the expertise needed to perform a thorough due diligence investigation on your behalf. As part of our due diligence services, we will conduct a detailed enquiry of all legal, financial, organisational and industry-specific risks.

Our tailored approach to due diligence ensures that you are protected from all hidden risks and liabilities, so you can enter a business transaction with peace of mind. As we provide clear, actionable legal advice, free of confusing legal jargon, you can confidently make informed decisions about your business.

To get a comprehensive insight into the target business of your investment or transaction, speak to our due diligence solicitors in London, Birmingham and Northampton on info@witansolicitors.co.uk – benefit from a free, no-obligation consultation today. 

Who We Can Help

Our due diligence services are designed to help corporate clients who are looking to acquire a business, enter a company merger or invest in a business. Our legal team will take all necessary investigative actions to ensure that you have a good understanding of the real state of the target business while honouring any confidentiality agreements in place. We also verify and review all documents provided by the target business – from their legal documents, finances and taxes to management, pensions, and employee contractors, as well as IT, environmental and intellectual property documentation.

Our expert due diligence solicitors in London, Birmingham and Northampton can also advise sellers who are the subject of a due diligence enquiry. When a business transaction or investment is concerned, time is often of the essence, so we can help you ensure that you have all documentation required in the due diligence questionnaire in order and ready for review. This can facilitate a quick and successful closing of the deal. 

Our Due Diligence Services

Whether you are a buyer, seller or investor, Witan Solicitors can guide you through the due diligence process to ensure that the transaction is secure and successful for all parties involved. Discover what our due diligence services involve below:

Defining the Industry Risks

Depending on your target industry and the nature of the transaction involved, our due diligence solicitors will work to define the specific industry risks you are facing and the particular areas of focus for the due diligence process. For example, if the target company operates in a highly regulated industry, we will investigate thoroughly whether its documentation and practices are in line with the regulatory compliance requirements. If your business is people-focused, then employment practices and contracts, as well as employee health and well-being will be the main industry risk area to explore. 

To define the industry risks, we will also look into a wide range of topics, from the risks usually associated with the industry to details specific to the target company, such as its reputation, its current business organisation and its perceived value assessment internally and externally. 

We will also discuss any potential risks associated with the market position of the target business, as well as any key contracts that may have an impact on the company’s performance post-acquisition. This includes potential liabilities and contentious matters. 

Due Diligence Documentation Review

Once we have defined the industry-specific risks to focus on, as part of our due diligence services, our team will complete a due diligence questionnaire and perform a thorough review of all provided legal documentation, which may include:

  • Articles of Association
  • Memorandum of Association
  • Statutory books (registers, accounts, meeting notes, etc)
  • Financial statements, loans and charges
  • Tax returns & VAT
  • Contracts (employment, sales, distribution and supplier)
  • Business assets 
  • Intellectual property and Licensing agreements
  • Data protection & GDPR compliance 
  • Commercial property leases
  • Insurance policies, premiums and claims
  • Corporate structure, shareholder agreements and business plans 
  • HR documentation (pension, salaries, handbooks, contracts, disputes) 
  • Documents pertaining to any recent or ongoing litigation
  • IT inventory – software and hardware used 
  • Health and Safety reports, practices and past incidents 
  • Environmental reports

 

    Confidentiality Considerations

    During the due diligence enquiry, we will take into consideration any confidentiality concerns that may be involved. In some cases, the management of a business will attempt to keep the sale of the business confidential not only from their customers but also from all employees, including upper management. This is done to avoid panic and protect the future of the business. However, this could limit the documentation that can be provided for due diligence. Our team will carefully examine any confidentiality agreement in place and will advise you on the risk-benefit ratio associated with the scope of the due diligence review. 

    Due Diligence Report

    Once we have finished reviewing all the necessary documents, we will provide you with a comprehensive due diligence report detailing our findings. This report should give you a clear picture of the key business, legal and financial elements involved in the transaction. We will also note any discrepancies or missing/incomplete documentation provided by the target company. The exact focus of the due diligence report will be tailored to the specific requirements of your case. 

        Types of Due Diligence We Can Help With

        Based on your specific case and the industry you operate in, our due diligence experts will provide specific services including but not limited to:

        Legal Due Diligence

        Whether you are looking to buy, sell, merge or invest in a business, it’s important to ensure that all their documentation is up-to-date, enforceable and legally binding. The legal due diligence enquiry includes all contracts, agreements and other relevant legal documents. As part of the process, we will also investigate any legal matters concerning the target business, such as disputes and litigation. 

        Financial Due Diligence

        When you are considering a large business transaction, it is crucial to understand the financial situation of the target company. Our financial due diligence review aims to identify potential financial risks and liabilities that you should be aware of. As part of the process, our solicitors will analyse all important financial documents, including recent financial statements and tax returns, as well as business debts, loans and chargers. 

        Operational Due Diligence

        Operational due diligence is an in-depth review of the existing processes and procedures currently used by the target business. This includes anything from the business’s transactions and investments to their business and marketing plans, as well as the expertise of their key employees and stakeholders within the business. 

        Environmental Due Diligence

        Environmental due diligence is an industry-specific service pertaining to companies involving manufacturing or processing that own land which are or has been utilised as part of their business operations. We will investigate any potential liabilities related to environmental problems, such as soil or groundwater contamination, as well as any potential clean-up costs or litigation risks associated with that. 

        IT Due Diligence

        Another industry-specific due diligence process is IT due diligence – a review applicable to companies providing IT services, as well as companies that are heavily dependent on IT services. It usually focuses on three different areas:

        • On-going buyer-seller relationship that continues post-acquisition in relation to warranties and indemnities
        • Licence agreements and IP-related concerns associated with the use of IT products and services 
        • The expertise of the current employees and whether their skill set is in line with the scope of the post-acquisition activities of the business 

        The above are just some of the enquiry types undertaken by our due diligence solicitors in London, Birmingham and Northampton. Our client-centred approach ensures that we tailor our services to the particular needs and goals of your business, as well as the specific circumstances of your case.

        Why Choose Witan Solicitors?

        • 100+ Years of Combined Experience: Our legal team has vast experience in corporate law spanning over more than a century giving us unparalleled expertise on the subject
        • Established in 2014: Witan Solicitors have been successfully working with corporate clients across the UK since 2014
        • Legal 500 Recognised: Our Solicitors have been recognised in the Legal 500
        • Industry Experts: Our experts constantly seek to improve their knowledge and we are invested in learning about any new developments in the law to provide you with the best legal advice 
        • Multilingual Support: With the ability to offer legal advice in more than 10 languages we are the ideal legal partner for international clients 
        • Legal due diligence experts near you: You can meet our due diligence solicitors in our offices in London, Birmingham and Northampton

        If you would like to find out first-hand what working with Witan Solicitors is like before making up your mind, you can benefit from a free initial consultation. This no-obligation meeting is designed to give us the opportunity to learn more about you and your case and to give you an idea of who we are and how we can help you. Call our due diligence solicitors today to schedule your initial consultation.

        Contact Us

        If you would like to get expert advice from our due diligence solicitors based in London, Birmingham and Northampton, get in touch to discuss your mergers and acquisition plans with Witan Solicitors on info@witansolicitors.co.uk today

        FAQ

        What is due diligence?

        Due diligence is a risk management process, which involves a risk assessment of a business based on a due diligence questionnaire which aims to collect information on the legal and financial assets of the business, as well as any hidden risks and liabilities that may pose a concern. 

        Why is due diligence important?

        When a substantial business transaction is concerned, it is only normal for the buyer/investor to seek to understand any potential risks that may jeopardise their investment in the future. However, the seller is not obliged to provide such information, it is up to the buyer to make their own enquiries and assessment. The due diligence process ensures that the target business has been investigated and verified by an expert giving you peace of mind when making the decision of whether this is a good investment or not. 

        What are the advantages of doing due diligence?

        The due diligence enquiry is designed to inform the buyer/investor of any major issues with a business they wish to buy or invest in. This helps protect the buyer and offer a fair price for the deal. In addition to negotiating a good price, the findings of the due diligence report can serve as a basis to seek warranties and indemnities in case of any future problems. 

         

        In the context of a business merger, the due diligence process helps both parties communicate effectively and align their business plans to ensure the long-term success of their business relationship. 

        Why is due diligence important for a buyer?

        Due diligence allows the buyer to make an informed decision about their investment and negotiate a fair price for the transaction. It is important to be thorough to avoid potential legal and financial trouble in the future. 

        Why is due diligence important for the seller?

        Providing all necessary information required by the buyer as part of the due diligence process is essential to the completion of the transaction. However, there may be some confidentiality considerations that are worth negotiating when disclosing information as part of the pre-acquisition process. Getting legal advice on due diligence can facilitate the sale of your business while protecting your interests. 

        How can we help you?

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        Qarrar Somji

        Qarrar Somji

        Solicitor-Advocate

        Qarrar qualified as a Solicitor Advocate in 2014 having previously had experience in a varying range of litigation roles.

        Qarrar Somji

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