��������Ƶ

A Due Diligence Form helps Austrian businesses document their investigation of potential business partners, investments, or acquisition targets. It's a structured checklist that guides companies through the critical examination of financial records, legal compliance, and operational risks before making major business decisions.

Under Austrian corporate law (especially the Stock Corporation Act and Limited Liability Companies Act), these forms protect boards and executives by proving they've taken reasonable steps to verify business opportunities. Companies typically customize their due diligence forms to address specific industry requirements, local regulations, and ESG criteria that matter most in the Austrian market.

Use a Due Diligence Form before making significant business decisions that expose your company to financial or legal risks in Austria. This includes mergers and acquisitions, major investments, forming partnerships, or entering joint ventures with other companies. It's especially crucial when dealing with cross-border transactions within the EU.

Austrian corporate law requires board members to demonstrate proper care in business decisions. Having a completed Due Diligence Form proves you've thoroughly investigated potential risks and opportunities. The form becomes particularly important during regulatory audits, when dealing with unfamiliar market sectors, or when entering agreements worth more than €100,000.

• Financial Due Diligence Forms focus on company valuations, debt obligations, and financial performance metrics according to Austrian GAAP standards
• Legal Due Diligence Forms examine corporate structure, contracts, and compliance with Austrian business regulations
• Technical Due Diligence Forms assess operational systems, IT infrastructure, and data protection measures under GDPR
• Environmental Due Diligence Forms evaluate sustainability practices and compliance with Austrian environmental laws
• HR Due Diligence Forms review employment contracts, work council agreements, and social security obligations

• Corporate Legal Teams: Create and customize Due Diligence Forms to match specific transaction requirements and Austrian legal standards
• Board Members: Review and approve the forms to fulfill their corporate governance obligations under Austrian law
• External Auditors: Use these forms when conducting thorough business assessments and compliance reviews
• Investment Bankers: Rely on completed forms for transaction guidance and risk evaluation
• Business Partners: Provide required information and documentation to complete the due diligence process

• Transaction Scope: Define the specific business deal and industry sector to customize your Due Diligence Form accordingly
• Company Information: Gather basic details about all involved parties, including registration numbers and corporate structure
• Risk Areas: Identify key areas requiring investigation based on Austrian regulatory requirements and industry standards
• Documentation List: Create a checklist of required documents, permits, and certificates needed from each party
• Timeline Planning: Set realistic deadlines for information gathering and form completion that align with transaction schedules

• Company Identification: Full legal names, registration numbers, and authorized representatives of all parties involved
• Scope Declaration: Clear outline of the due diligence investigation's boundaries and objectives under Austrian law
• Information Requirements: Specific documentation needed for review, including financial statements and corporate records
• Confidentiality Provisions: GDPR-compliant data protection measures and handling of sensitive business information
• Compliance Statement: Confirmation of adherence to Austrian corporate governance standards and regulatory requirements
• Signature Block: Dated signatures from authorized representatives with their official capacities stated

A Due Diligence Form differs significantly from a Due Diligence Checklist in several key aspects, though they're often confused in Austrian business practices. While both support the investigation process, their purposes and legal weight vary considerably.

• Legal Status: Due Diligence Forms are formal legal documents that create binding obligations and can be used as evidence of compliance, while checklists serve as internal guidance tools without legal force
• Structure and Content: Forms require detailed responses and official signatures, whereas checklists typically use simple yes/no formats
• Documentation Value: Forms provide comprehensive evidence for Austrian regulatory authorities and courts, while checklists mainly help track progress internally
• Usage Context: Forms are essential for major transactions and regulatory submissions, while checklists guide day-to-day due diligence activities