M&A due diligence is a vital process that helps acquirers assess the legal, financial, and commercial aspects of the target company prior to making an acquisition. The information gathered during due diligence is critical for an efficient integration and can uncover potential opportunities or risks that would otherwise go unnoticed.
Although each M&A deal is unique, there are certain activities that are common to all deals. This includes analyzing and gathering financial documentation and evaluating compliance with regulatory requirements and assessing operation performance. Due diligence can also be conducted in specific areas like human resources, environmental, and intellectual properties.
Due diligence can take several months and can be overwhelming for M&A teams. This is especially so when the acquirer has to complete a variety of complex tasks within a tight timeline. Time constraints can increase the risk of overlooking critical risks, taking rushed decisions, or not recognizing crucial warning signs.
It is also crucial to understand that a due diligence plan requires careful attention to confidentiality. M&A teams must realize that the selling party, their attorneys and the confidentiality agreement are all required to safeguard confidential and sensitive data. It is usually necessary to employ professional advisors to oversee this process and to ensure that all information collected is reliable and accurate.
The sensitive nature of the information that is gathered during due diligence makes it crucial to store and organize materials in a way that will make them easily searchable. For instance, storing material in numerical order or alphabetically can help in the process of finding the right information when required.