The boundary of due diligence in mergers & acquisitions

By Zhao Renying and Zhang Xiaoyang, East & Concord Partners
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Legal due diligence is an indispensable link for enterprises in the implementation of mergers and acquisitions (M&A). An effective due diligence report should make conclusive opinions based on a full investigation of the facts to help the acquirer understand the real state of the target company and the legal risks. To this end, lawyers are required to be diligent and conscientious in the process of due diligence and perform the duty of prudent verification.

赵仁英 Zhao Renying 天达共和律师事务所合伙人 Partner East & Concord Partners
赵仁英
Zhao Renying
天达共和律师事务所合伙人
Partner
East & Concord Partners

Although law firms and lawyers have mostly summed up methods and procedures in practice, the lack of clear rules and guidelines for legal due diligence in the field of M&A has led to unclear due diligence boundaries in some cases.

At this point, how should lawyers conduct due diligence and where is the boundary? We may refer to specific rules for lawyers’ due diligence in the more rigorous field of securities legal services. This article will explore the boundary of due diligence under the premise of “diligence, conscientiousness, and prudent verification”.

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Zhao Renying is a partner and Zhang Xiaoyang is an associate at East & Concord Partners in Shenzhen

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