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Due Diligence Checklist
I need a due diligence checklist for evaluating a potential acquisition of a small manufacturing company in Indonesia, focusing on financial statements, legal compliance, environmental impact, and operational efficiency, with a timeline of 60 days for completion.
What is a Due Diligence Checklist?
A Due Diligence Checklist helps companies and investors systematically review key aspects of a business transaction or investment in Indonesia. It's a comprehensive tool that guides you through examining crucial areas like financial records, legal permits, tax compliance, and regulatory requirements under Indonesian law.
Legal teams and business professionals use these checklists during mergers, acquisitions, and major investments to spot potential risks and ensure compliance with OJK regulations and the Indonesian Civil Code. The checklist typically covers employment contracts, intellectual property rights, environmental permits, and other essential documentation required by Indonesian business law.
When should you use a Due Diligence Checklist?
Use a Due Diligence Checklist before making any significant business investment or transaction in Indonesia. This includes planning mergers and acquisitions, buying property assets, forming joint ventures, or investing in local companies. The checklist becomes essential when dealing with complex regulatory requirements from OJK or navigating sector-specific regulations.
The timing is particularly critical during the pre-transaction phase, when you need to verify business licenses, assess tax obligations, review employment contracts, and check compliance with Indonesian investment laws. It's especially valuable when entering regulated industries like finance, mining, or manufacturing, where missing key documentation can lead to serious legal complications.
What are the different types of Due Diligence Checklist?
- Standard Corporate Checklist: Covers basic business verification including company registration, licenses, financial statements, and shareholder agreements under Indonesian law
- Asset Purchase Checklist: Focuses on property titles, asset valuation, environmental permits, and zoning compliance specific to Indonesian real estate transactions
- Industry-Specific Lists: Tailored for sectors like mining, banking, or manufacturing, incorporating relevant OJK regulations and sector permits
- Investment Due Diligence: Emphasizes foreign investment requirements, capital structure verification, and compliance with Indonesian investment laws
- Operational Review Checklist: Examines day-to-day business aspects including employment contracts, tax compliance, and local business practices
Who should typically use a Due Diligence Checklist?
- Legal Teams: Create and customize Due Diligence Checklists, ensuring alignment with Indonesian regulations and OJK requirements
- Investment Banks: Use these checklists when advising clients on mergers, acquisitions, or major investments in Indonesian markets
- Corporate Executives: Review and approve checklist findings before making strategic business decisions
- Compliance Officers: Monitor and verify completion of checklist items against Indonesian regulatory standards
- External Auditors: Reference these checklists during financial and operational audits of Indonesian companies
- Business Consultants: Guide clients through the due diligence process using tailored checklists for specific industries
How do you write a Due Diligence Checklist?
- Transaction Scope: Identify the specific business activity and industry sector to customize your Due Diligence Checklist
- Legal Framework: Review current Indonesian investment laws, OJK regulations, and sector-specific requirements
- Company Documents: Gather basic corporate information, licenses, and permits relevant to the transaction
- Risk Assessment: Map potential legal, financial, and operational risks specific to the Indonesian market
- Stakeholder Input: Consult key department heads about operational concerns and compliance requirements
- Timeline Planning: Set realistic deadlines for document collection and review phases
- Digital Tools: Use our platform to generate a comprehensive, legally-sound checklist tailored to your needs
What should be included in a Due Diligence Checklist?
- Corporate Information: Legal entity details, ownership structure, and shareholder agreements under Indonesian Company Law
- Regulatory Compliance: Required business licenses, OJK permits, and industry-specific certifications
- Financial Records: Tax compliance documentation, audited statements, and financial obligations review
- Asset Verification: Property titles, intellectual property rights, and equipment ownership records
- Employment Section: Labor contracts, BPJS registration, and workplace safety compliance
- Material Contracts: Key business agreements, supplier contracts, and customer commitments
- Legal Proceedings: Ongoing litigation, regulatory investigations, and dispute resolution status
- Environmental Compliance: Required permits, environmental impact assessments, and waste management protocols
What's the difference between a Due Diligence Checklist and a Due Diligence Report?
A Due Diligence Checklist differs significantly from a Due Diligence Report in both structure and purpose within Indonesian business transactions. While they work together, each serves a distinct function in the due diligence process.
- Document Format: A checklist provides a structured framework of items to investigate, while a report presents detailed findings and analysis of those investigations
- Timing of Use: The checklist guides the initial investigation process, whereas the report comes after completing the due diligence review
- Legal Purpose: Checklists serve as working tools to ensure comprehensive review under Indonesian law, while reports function as formal documentation of findings for stakeholders and regulators
- Content Detail: Checklists contain brief items for verification, but reports include extensive explanations, risk assessments, and recommendations based on OJK requirements
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