At PKF Attest, we are specialists in due diligence processes for both sale and purchase, and we cover the different legal areas involved in this type of operation.
- Analysis of recurring profitability -normalized EBITDA-
- Future cash flow generating capacity
- Balance sheet
- Net financial debt
- Historical capex and future investment plan
- Business plan, its soundness, and sensitivity, order book, commitments acquired
- The different business/activity lines
- Review of accounting documentation
- Review of returns for the different taxes
- Review of ledgers
- Analysis of possible tax risks
- Proposal for improvements to reduce possible contingencies and/or tax benefits
- From the corporate standpoint: a study of possible obstacles that might affect the buyer or seller in their decision-making
- From the contractual standpoint: analysis of the main contracts, the sections of which might constitute a contractual risk in the transaction considered
- Analysis of other important issues, such as industrial property, real estate property, criminal risks, etc.
- Analysis of corporate documents (articles of association, shareholders’ agreements, partners/shareholders’ registers, minute books, property deeds…).
- Proposals for corporate agreements for the possible execution of the operation foreseen.
- Review of hiring formulae.
- Study of remuneration policy.
- Evaluating compliance with current regulations mainly established in the collective agreement.
- Study of contracts and their implementation.
- Compliance with health and safety regulations.
- Compilation and analysis of existing information.
- Preparing a checklist of requirements and obligations applicable in the different issues included in the scope.
- Compilation of information (evidence) of complying with the applicable legal requirements and regulations.
- In situ verification of requirements – visit the installations.
- Identification of legal and regulatory non-compliances.
- Economic quantification of the risks detected.
Procedural and Arbitration
We intervene as lawyers and insolvency administrators in national and international courts.