What are the possible legal hurdles in carrying out a legal due diligence of the target company and what are the actions to be taken to break the said hurdles in due diligence?

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2021
What are the possible legal hurdles in carrying out a legal due diligence of the target company and what are the actions to be taken to break the said hurdles in due diligence?

Answer & Explanation:

Possible hurdles and remedial actions in legal due diligence: The possible hurdles that may arise in carrying out a legal due diligence of the target company are as under: Non availability of information - In many occasions, when a person carries out due diligence, the required information may not be available or insufficient to derive a complete picture. Unwillingness of target company's personnel in providing the complete information - Non co-operation of target company's personnel may also prove to be a major hurdle during due diligence process. Sometimes the available information would be pretended as not available. Providing of incorrect information - Providing of incorrect information by the target personnel also acts as a major hurdle in the due diligence process. Complex tax policies and hidden liabilities - Complex tax policies and structures may create a number of hidden tax liabilities which may not be easy to track. Multiple regulations and its applicability - Owing to the new and emerging legislations, it is difficult to interpret whether a specific legislation is applicable for business and getting legal opinion on the same would prove to be very costly. Process in providing data - Multiple Layers of review and scrutiny before data is provided for due diligence also hinders and delays the due diligence process. Absence of proper MIS - Due diligence process would become difficult if there is no proper MIS in the company. The actions to be taken to break hurdles in due diligence: To focus on the follow up questions; To ask several people the same questions and utilize appropriate professional skepticism; Police persistence may help to overcome this attitude; To have independent check with regulatory authorities.

Topics: Due Diligence

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