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Due Diligence Form Template for United States

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Due Diligence Form

"I need a due diligence form for a legal services acquisition, focusing on financial records, compliance history, and client contracts over the past 5 years, with a completion deadline of 30 days."

What is a Due Diligence Form?

A Due Diligence Form helps businesses and investors thoroughly check potential partners or investments before making major decisions in the Philippines. This document captures essential information about a company's financial health, legal standing, and operational track record.

Philippine Securities and Exchange Commission (SEC) guidelines recommend using these forms during mergers, acquisitions, and significant investments. The form typically covers key areas like tax compliance, permits, ownership structure, pending litigation, and financial statements - protecting organizations from hidden risks while meeting local regulatory requirements. Most Filipino corporations and financial institutions now consider it a standard part of their risk management process.

When should you use a Due Diligence Form?

Use a Due Diligence Form before making significant business commitments in the Philippines, especially when investing in another company, buying property, or entering major partnerships. It's particularly crucial during mergers and acquisitions, joint ventures, or when considering substantial loans to business entities.

The form becomes essential when dealing with high-value transactions above PHP 10 million, or when SEC compliance requires detailed documentation. Philippine banks and investment firms typically require these forms 30-60 days before finalizing deals. Having it ready speeds up regulatory approvals and protects your interests by uncovering potential legal, financial, or operational issues early in the process.

What are the different types of Due Diligence Form?

  • Financial Due Diligence Form: Used by Philippine banks and investment firms to assess financial health, focusing on audited statements, tax compliance, and debt obligations
  • Legal Due Diligence Form: Examines corporate records, permits, licenses, and pending litigation, vital for SEC compliance
  • Operational Due Diligence Form: Reviews business processes, assets, and employee matters - common in manufacturing and retail acquisitions
  • Real Estate Due Diligence Form: Specialized for property transactions, covering titles, zoning, and environmental compliance
  • Corporate Merger Due Diligence Form: Comprehensive version combining financial, legal, and operational aspects for M&A deals

Who should typically use a Due Diligence Form?

  • Corporate Investors: Request and review Due Diligence Forms before major investments, mergers, or acquisitions in Philippine companies
  • Legal Departments: Draft and customize forms to protect their organization's interests while meeting SEC requirements
  • Financial Institutions: Use these forms to evaluate loan applications and assess business risks
  • Business Owners: Complete and provide detailed information about their companies' operations, finances, and legal status
  • External Auditors: Verify and validate information provided in the forms, especially financial declarations
  • Compliance Officers: Ensure forms meet regulatory standards and corporate governance requirements

How do you write a Due Diligence Form?

  • Basic Information: Gather complete company details, SEC registration numbers, tax identification, and business permits
  • Financial Records: Collect three years of audited financial statements, tax returns, and major contracts
  • Legal Documents: Compile articles of incorporation, business licenses, and any pending litigation records
  • Operational Details: Document key assets, employee information, and intellectual property rights
  • Compliance Check: Review against current SEC guidelines and Philippine regulatory requirements
  • Document Structure: Use our platform's smart templates to ensure all mandatory sections are properly included
  • Final Review: Cross-check all information for accuracy and completeness before submission

What should be included in a Due Diligence Form?

  • Company Information: Full legal name, SEC registration number, principal office address, and authorized representatives
  • Financial Declarations: Statement of assets, liabilities, revenue streams, and material obligations
  • Legal Compliance: Confirmation of permits, licenses, and regulatory compliance status
  • Risk Disclosure: Section detailing pending litigation, tax matters, and potential liabilities
  • Data Privacy: Compliance statement with Philippine Data Privacy Act requirements
  • Verification Section: Sworn statement confirming information accuracy under Philippine laws
  • Signature Block: Authorized signatory details with corporate seal requirements
  • Supporting Documents: List of required attachments and appendices

What's the difference between a Due Diligence Form and a Due Diligence Checklist?

A Due Diligence Form differs significantly from a Due Diligence Checklist in both scope and legal weight. While they work together in the due diligence process, each serves a distinct purpose in Philippine business transactions.

  • Legal Status: A Due Diligence Form is a formal legal document that requires official signatures and can be used as evidence in legal proceedings, while a checklist serves as an internal guidance tool
  • Content Structure: Forms contain detailed responses and supporting documentation, whereas checklists simply outline items to be verified
  • Regulatory Compliance: Forms must meet SEC and other regulatory requirements for formal submissions, but checklists can be customized for internal use
  • Purpose: Forms document actual findings and create legal obligations, while checklists help track the investigation process
  • Timing: Forms represent the final output of due diligence, whereas checklists guide the initial investigation phases

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