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A Due Diligence Checklist guides buyers through a systematic review of a target company before making significant business decisions in Austria. It helps identify potential risks, liabilities, and compliance issues by outlining key areas to investigate - from financial records and contracts to employment agreements and regulatory permits.

Under Austrian corporate law, particularly the Stock Corporation Act (Aktiengesetz), this tool helps board members fulfill their duty of care obligations. It typically covers essential aspects like property ownership verification, intellectual property rights, pending litigation, and compliance with Austrian labor laws and environmental regulations. Companies often customize these checklists based on their industry and transaction type.

Use a Due Diligence Checklist when planning any major business transaction in Austria, especially mergers, acquisitions, or significant investments. It's essential during the early stages of deal negotiations, before signing binding agreements or transferring funds. Austrian corporate law requires thorough investigation of target companies, making this tool invaluable for risk management.

The checklist becomes particularly important when dealing with regulated industries like banking or healthcare, where compliance requirements are strict. It's also crucial when acquiring companies with complex intellectual property portfolios, multiple real estate holdings, or a large workforce - areas where Austrian law imposes specific obligations and potential liabilities need careful examination.

• Financial Due Diligence: Focuses on financial statements, tax compliance, and Austrian GAAP requirements - commonly used in mergers and acquisitions
• Legal Due Diligence: Examines contracts, permits, and compliance with Austrian corporate law, especially important for regulated industries
• Technical Due Diligence: Reviews IT systems, intellectual property rights, and technical assets under Austrian technology transfer regulations
• Environmental Due Diligence: Assesses compliance with Austrian environmental laws, permits, and potential contamination liabilities
• HR Due Diligence: Evaluates employment contracts, works council agreements, and compliance with Austrian labor laws

• Corporate Buyers: Lead the due diligence process, often working with Austrian subsidiaries or local entities to assess acquisition targets
• Legal Counsel: Draft and customize the checklist according to Austrian law, ensuring comprehensive coverage of legal requirements
• Financial Advisors: Review financial aspects and help evaluate compliance with Austrian accounting standards
• Board Members: Oversee the process and bear responsibility under Austrian corporate governance rules
• Subject Matter Experts: Provide specialized input on areas like environmental compliance, IT systems, or employment matters
• Target Company Management: Gather and provide requested information, coordinating with Austrian regulatory authorities when needed

• Transaction Scope: Define the deal type and industry sector to customize your checklist according to Austrian market standards
• Company Profile: Gather basic information about the target company, including corporate structure and regulatory obligations
• Timeline Planning: Set realistic deadlines for document collection and review, considering Austrian statutory notice periods
• Team Assembly: Identify internal experts and external advisors needed for specific areas like tax, employment, and environmental compliance
• Document Access: Set up a secure data room that complies with Austrian data protection requirements
• Review Process: Create a systematic approach for tracking findings and red flags under Austrian corporate law

• Corporate Information: Legal structure, ownership details, and registration documents under Austrian commercial law
• Financial Review: Balance sheets, profit/loss statements, and tax compliance under Austrian GAAP
• Legal Compliance: Permits, licenses, and regulatory approvals required by Austrian authorities
• Employment Section: Works council agreements, collective bargaining contracts, and employment terms under Austrian labor law
• Asset Verification: Property ownership, intellectual property rights, and equipment documentation
• Data Protection: GDPR compliance measures and data handling procedures
• Environmental Review: Environmental permits and compliance with Austrian environmental regulations

A Due Diligence Checklist differs significantly from a Due Diligence Report in both purpose and timing. While both documents play crucial roles in business transactions under Austrian law, they serve distinct functions in the due diligence process.

• Timing and Purpose: The checklist guides the investigation process from the start, outlining areas to examine. The report comes later, presenting findings and conclusions from that investigation
• Structure and Content: Checklists contain questions and information requests, organized by category. Reports provide detailed analysis, risk assessments, and recommendations based on findings
• Legal Function: Under Austrian corporate law, checklists serve as procedural tools, while reports form part of the official transaction documentation
• User Application: Teams use checklists to coordinate their review process, while reports inform decision-makers and become part of the deal's permanent record