At Silvana & Associates, we offer proficient, quality, timely and credible due diligence services for businesses, individuals and companies in Kenya.
Due diligence involves a comprehensive appraisal of a potential business venture to reveal potential legal liabilities and fiscal feasibility of a particular transaction.
It is gears towards a “know your customer/client” model before undertaking a transaction with them.
Due
diligence is essential in transactions such as;
- Mergers
and Acquisitions
- Takeovers
- Investing
in a business
In
real estate/ Purchasing property/investing in real estate
- Issuing
financial assistance/loans to a business
- Undertaking
mega projects such as construction
Types of due diligence
- Corporate/commercial
due diligence
- Financial
due diligence
- Legal
due diligence
Checklist for due diligence
Corporate due diligence.
When conducing due
diligence on a company:-
- Review
the Incorporation documentation
- Review
the List of directors
- Review
the ownership and structure- shareholders and stockholders.
- Review
the Company by laws, articles of association
and memorandum of association
- Review
the Minutes of the Board and minutes of shareholders for the last 3 years
- Review
the tax documentation including copies of all tax returns, tax audits for
purposes of reviewing all the taxes the company is required to pay.
- Review
the Financial records: annual returns and financial statements to assess the
financial health of the company.
- Review
all Contracts entered into by the company and third parties.
- Review
the Human Resource- organizational chart, list of all employees, their job
descriptions, salaries, performance.
- Review
the Intellectual property of the Company including patents, trademarks, copyrights,
licensing or franchise agreements.
- Review
their Customer lists and transactions to identify who the company’s customers
are, the types of business they transact and whether they are involved in any
illegal activities such as money laundering, human trafficking, terrorism etc.
- Review
of all litigation- pending and previous against the company.
Legal due diligence in Kenya
Seeks
to assess the legal basis of a transaction and the level of compliance with
relevant laws.
- Legal
structure
- Contracts
- Review
all litigation matters, their status and effect to the transaction.
- Review
the compliance levels with relevant existing laws
Financial due diligence
Focuses
on verifying financial information provided to assess the performance, credit health
and viability of a business venture. It investigates the;
- Cash
flow
- Liabilities
- Assets
- Debt
- Earnings
- Management
- Insurance
Reasons/importance of conducting due diligence
- To
confirm the veracity of the information brought up during the investment deal
or process.
- To
ascertain potential defects in the transaction deal thus averting risks.
- Managing
a transaction risk and reduces uncertainty risks for investors.
- Helps
a client achieve best value for a transaction
- Helps
a client make a more informed decision pertaining the intended transaction.
- Allows
a buyer to feel more comfortable on their expectations regarding the
transaction.
Do you want to conduct a due diligence in Kenya? Please contact us on info@swkadvocates.com or by telephone +254726328555