7 Tips Which Will Help You Survive Due Diligence!

July 28, 2022    commerciallawyersinperth
7 Tips Which Will Help You Survive Due Diligence!

You have done all the important work of getting interest from the investor that you preferred; you provided your pitch, met with the executives of funds and discussed the terms. But you may not know or have any idea about how to survive the due diligence process.

Sometimes, it can be tough to avoid the due diligence process, and due to the amount of work and high stakes involved, it can be difficult for both parties. You can take the help of commercial lawyers in Perth to help you in this process; in this guide, you will learn tips that can help you survive due diligence.

What is Called Due Diligence? 

The concept of due diligence in German law, it refers to exercising reasonable care during any business. In a due diligence check, there is a proper and careful investigation of the legal, fiscal, economic and financial circumstances of a person or a business.

It covers aspects like shareholder structure and possible links with economic crimes like corruption, tax evasion, and sales figures. This check is required as soon as a company starts relationships with business partners or plans to purchase another business or property or make a real estate investment.

What is Enhanced Due Diligence? 

This involves the collection of detailed information regarding companies and individuals for providing insurance. For ensuring thorough background research, companies need to have access to various types of databases.

Those databases are as follows:

# Watch Lists:

To identify individuals and companies for terrorism suspects subjected to state monitoring

# Company Databases:

To identify and type links between companies and other involved individuals

# PEP Lists:

Identifying politically exposed people who might be close to a government member or member of government agencies increases their chances of being corrupt and taking bribes.

# Sanction Lists:

To identify the people and other companies who are subjected to economic and legal sanctions.

# Press Reports:

There are cross-checks with news reports to ensure that business partners are not associated with fraud, money laundering, bribery or corruption.

Based on the results of the checks on new or current business partners using such types of databases, companies might need to adjust the risk approach or eliminate the start of a business relationship. Diligence lawyers can help companies during such times.

7 Tips on How Businesses Can Survive the Due Diligence Process- 

Some of the tips by which you can survive the due diligence process are as follows:

1. You Must Know Your Facts:

To assist evidence of the stage of your business, the investors will look for data on your performance to date like traction, impact data, user numbers and much more. When you have this information, showing how you evaluate and react to it can lead to a good start.

2. You Need To Figure Out Who Is In Charge:

The diligence process can seem open-ended or opaque. You need to cut through the confusion by knowing who is in charge of the process and knowing them personally. You must ask them about their schedule, the process, and how they want to work.

You can suggest setting up regular check-ins to keep the communication lines open and avoid feeling unusual for having to check in to know how things are going.

3. You Need To Be Prepared:

Before the process begins, you need to find out what type of questions will be asked and what materials they need to see. You need to evaluate readiness for the important areas honestly. You also need to pull together a few materials for one and collect all your thoughts before time.

You should not forget that other than the business due diligence if your deal can move forward, you may need to provide legal materials related to due diligence. This is why you need to have your capitalization table up to date, collect information, and keep your agreements organized and ready.

4. You Need To Use A Data Room:

Proper tools can help keep things in a more ordered manner, speed up the process, and form a professional impression. Other than emailing different files and drafts to a number of people, you need to set up a virtual data room on a service such as Dropbox.

You need to organize it with properly-labelled folders and invite the concerned people to access it. If important documents such as capitalization tables and marketing plans are being revised, you need to keep former drafts and label each of them with a version date and number.

5. You Need To Bring A Positive Attitude With You:

You must stop thinking of diligence as a form of interrogation. You must think that it is a chance to teach investors about the opportunities. You should avoid feeling impatient or stressed about a specific question, especially when they are repeated.

You must remember that they are engaged and want to know more from you. Other than hiring due diligence lawyers Perth, you need to be more patient and think of it as an opportunity to share exciting things about your company. You should not feel stressed or panic if you are unable to answer every question, they might just want to know your thought process.

6. Understand What Is Being Asked:

You should not look to please them as it can create problems. You need to listen to questions in a careful manner before you answer any of them. You need to ensure that you understand the meaning or other questions behind the question asked.

The more you think the questions are out-of-field, the more important it is to discover why they are asking those questions. You may be shocked about how wrong your assumptions are when you take the time to understand what the investor is asking.

7. Avoid Making Things Up:

If you are unsure about the answer to any question, you need to tell them the truth and not make things up. You must tell them what you think and explain to them why you do so. If they are not satisfied with your explanation, you need to take more time and get back to them. You can also see if they can help you fill in the gaps.

Other Tips That Can Help In The Due Diligence Process-

Some other tips that can assist you in the due diligence process are:

Use Psychology Hacks:

You should avoid letting perfect be the adversary of good enough. You must show investors what you labelled as a work in progress. When they point out your mistakes, you need to engage with them to help you fix them.

You need to follow this powerful psychology: if you want someone to like you, you need to get them to do you a favour or help you. Here, you need to apply this same principle. If an investor can help you revise something, they may start to like you and feel invested in the process and effort.

You Need To Keep The Communication Lines Open:

Investors who are a part of the due diligence process will go to any limit to convince themselves of things that they find wrong. It is essential that you often set up calls with the leaders of the due diligence process to have them talk to you about their concerns.

This way, you can address them before the diligence team gets off track. If a concern is specific to any sub-team, you need to ask to speak directly to them and try to educate them about those problems.

You Must Be Responsive:

Due diligence is not the type of thing that signifies you will get to something only when you get to it. Besides hiring diligence lawyers, the founding teams need to respond to diligence requests. This is due to two reasons: one is that part of the process is the assessment of your company, communication, team preparation, and responsiveness.

The other is when a diligence team visits you, they have the energy and want to engage with you and have a project on top of their minds. If you delay the process, they will lose focus, have less energy, and will not be able to regain their momentum.

You Must Be Bold And Proactive:

As the report will come together, you need to offer to review the draft to assist you with factual corrections. They might not want to show it to you in most cases, but you need to give it a shot to fix any error or misimpression before it gets published.

If they reject sharing it with you, you must request to see it or get a section-by-section summary before it is shared with your other potential partners. Even though they will resist, you must try your best.

How Do We Help?

If you are concerned about the due diligence process, you can contact due diligence lawyers from Commercial Lawyers Perth, WA. They are a reputed firm that can provide you with the best lawyers; these lawyers can help you in every stage of the due diligence process until completion. Your lawyer can oversee all the processes, from preparation to the investigation.

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