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Due diligence can be a legal obligation, but the term more commonly applies to voluntary investigations. It may also offer a defence against legal action. A common example of due diligence is the process through which a potential acquirer evaluates a target company or its assets in advance of a merger or acquisition. [1]
Due diligence is the amount of diligence required to avoid negligence in professional activities. It commonly arises in major acquisitions where the legal principle of caveat emptor ("let the buyer beware") requires the purchaser to make diligent inquiries about the property or service being sold.
Operational due diligence (ODD) is the process by which a potential purchaser reviews the operational aspects of a target company during mergers and acquisitions, private equity investments, or capital raising. Its purpose is to ensure that the business model and operations of the target are suitable to the goals of the buyer.
Operational due diligence reviews performed by ODD analysts and investors have increasingly devoted significant portions of the overall reviews towards compliance related matters, which result from increased complexity and volume of global compliance regulations related to alternative investments.
Fraudulent concealment is a common law doctrine that may be invoked to toll a statute of limitations.Under this doctrine, if a defendant has concealed his misconduct, then the limitations period shall start from the point when the plaintiff discovers his claim, or should have discovered it with due diligence. [1]
Enhanced due diligence [4] is required when initial identity checks have been completed and high-risk factors have been identified for an individual or a business. When these requirements have been met "enhanced" or additional due diligence above and beyond CDD is conducted which identifies the following information: [4] Source of wealth and ...
A virtual data room (sometimes called a VDR or Deal Room) is an online repository of information that is used for the storing and distribution of documents.In many cases, a virtual data room is used to facilitate the due diligence process during an M&A transaction, loan syndication, or private equity and venture capital transactions.
The purpose of a due diligence period is to allow the buyer to fully investigate all of the claims, warranties, and representations a seller has made. There are times when buyers are justified in seeking an adjustment, as in the case of a discovery that certain deal fundamentals are not supportable under the scrutiny of the buyer's due diligence.