Are You Properly Executing Due Diligence In Your Business Activities-boee

Legal Poring over due diligence checklists for every conceivable .mercial activity is a necessity for those thinking of merging or purchasing businesses. They need a due diligence checklist to enable better and secured operations for their intended business activity. Of the many different situations that arise when two .panies move towards a merger or purchase, one of the most important yet most neglected is that of human interaction. All too often, this aspect is neglected, yet the success or failure of the merger is heavily dependent on this very factor. To take care of the human resource aspect of mergers, there are due diligence checklists that address the issue. The salient points that need reviewing are the organization of the .pany recruitment, contracts of employees, training and development, pay, pensions and benefits, performance and quality management, working time, equal treatment, etc. This checklist structurally approaches the problem and helps HR people look at domestic or international acquisitions, evaluate international personnel policies and enables first time HR entrants to use a due diligence checklist to get oriented to the new situation. Besides Human Resource checklists, there are checklists for the .pany as a whole. So what do these due diligence checklists really have in them? Due diligence checklists are not confined to one particular area within a .pany; a due diligence checklist should have some or all of the following items listed below: How is the .pany organized? What is the organizational structure of the .pany and does it list the officers and directors of the .pany as well as specify their duties? Who owns and controls the .pany? Is information readily available as to how the .pany is capitalized, including capital stock outstanding, options, warrants, related instruments and convertible securities? What assets does the .pany own and how does it operate? What is the performance of the .pany in financial terms and does it cover at least three previous fiscal years? In addition, the interim position of the .pany for the past year should analyze the product sales and their cost to the .pany and help evaluate the value of assets being sold by the .pany. What Intellectual Property rights does the .pany have? Does the .pany own or use any trademarks, trade names, hold patents or own copyrights? Or does it have any liens against it or is it party to any restrictions that affect any of the aforementioned trademarks, trade names, patents or copyrights? Are their any reports relating to the .pany? Has the .pany furnished copies of reports, studies, appraisals or memorandums about .petition, pricing, product development or any other related issue? .plies with the laws The .pany should .ply with all applicable laws and have copies of licenses, permits, certificates, authorizations, approvals and exemptions etc. Not a polluter or other environmental hazard Does it own, lease or operate any property or facilities and has it obtained clearance certificates from environmental authorities that have inspected these facilities and/or premises? Is it involved in court cases or other legal problems? Has it provided lists pertaining to litigations, arbitrations or government proceedings that relate to the .pany? Has it furnished details regarding adjudications or settlements over the preceding ten years to which it was a party? What are the .pleted works and contracts the .pany is engaged in? Does the .pany provide information regarding projects it has .pleted in the past ten years or has the .pany, in the recent past, changed its organizational structure? Has it merged or acquired or bought significant assets? What details does it furnish regarding employees, benefits and contracts? Has the .pany furnished copies of its plans regarding employee benefits and does it reveal what are the guidelines governing termination of employees and how does it .pensate them? Tax return documents Detailed documentation pertaining to tax returns filed for the past three closed tax years as well as all pending taxes should be reviewed. About the Author: By: Esther Knighton – Discrimination is happening in almost every .pany around the globe and it does not only occur between workers, but also between employees and employers. National origin discrimination is among the mos … By: John B. 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