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Due Diligence Report
I need a due diligence report for a potential acquisition of a Danish technology company, focusing on financial performance, legal compliance, and intellectual property assets. The report should include risk assessments and recommendations for mitigating identified risks.
What is a Due Diligence Report?
A Due Diligence Report documents a thorough investigation of a business before major transactions like mergers or acquisitions. It helps Danish companies and investors understand exactly what they're buying, including assets, liabilities, contracts, and potential risks. Under Danish corporate law, these reports play a crucial role in meeting the duty of care requirements for board members and executives.
The report typically covers financial statements, legal compliance, market position, and operational details. Danish businesses often focus heavily on environmental compliance and labor agreements, given the strict Nordic regulatory framework. Professional advisers, including lawyers and accountants, usually prepare these reports to protect buyers and ensure compliance with Danish Financial Supervisory Authority guidelines.
When should you use a Due Diligence Report?
You need a Due Diligence Report when considering any major business transaction in Denmark, especially mergers, acquisitions, or significant investments. It's essential before purchasing companies, real estate portfolios, or entering joint ventures. Danish law requires board members to demonstrate thorough investigation of business decisions, making these reports vital for legal protection.
The report becomes particularly important when dealing with regulated industries, cross-border transactions, or companies with complex environmental permits. It's crucial during pre-IPO preparations, when seeking major financing from Danish banks, or when Danish pension funds consider investments. Many companies also prepare these reports before signing long-term contracts with critical suppliers or partners.
What are the different types of Due Diligence Report?
- Financial Due Diligence: Examines financial statements, projections, and tax compliance - typically required by Danish banks and investors
- Legal Due Diligence: Reviews contracts, permits, and regulatory compliance with Danish law, including GDPR and employment regulations
- Technical Due Diligence: Focuses on IT systems, intellectual property, and operational capabilities
- Environmental Due Diligence: Evaluates environmental compliance and risks, crucial under strict Danish environmental laws
- Commercial Due Diligence: Analyzes market position, customer relationships, and business model sustainability in the Nordic context
Who should typically use a Due Diligence Report?
- Corporate Buyers: Danish companies and investors who commission the report to understand risks and opportunities before major transactions
- Legal Advisers: Danish law firms coordinating the due diligence process and providing legal analysis
- Financial Experts: Accountants and financial advisers examining financial statements and tax compliance
- Board Members: Company directors who rely on these reports to fulfill their fiduciary duties under Danish corporate law
- Regulatory Bodies: Danish Financial Supervisory Authority and other regulators who may review reports during investigations
- Target Companies: Businesses being examined must provide accurate information and documentation
How do you write a Due Diligence Report?
- Information Request List: Create a comprehensive checklist covering financial, legal, operational, and regulatory documents needed from the target company
- Access Rights: Establish data room protocols and confidentiality agreements following Danish privacy laws
- Expert Team: Assemble specialists in finance, law, and relevant industry sectors to analyze different aspects
- Document Review: Systematically examine contracts, permits, financial statements, and compliance records
- Risk Assessment: Identify and evaluate potential issues under Danish regulatory framework
- Report Structure: Use our platform's templates to ensure comprehensive coverage of all required elements
- Executive Summary: Prepare clear findings and recommendations for decision-makers
What should be included in a Due Diligence Report?
- Executive Summary: Clear overview of findings, scope, and methodology used in the investigation
- Legal Framework: Statement of applicable Danish laws and regulations governing the investigation
- Corporate Documentation: Analysis of articles of association, board minutes, and shareholder agreements
- Compliance Section: Assessment of adherence to Danish corporate, environmental, and labor laws
- Risk Analysis: Detailed evaluation of identified legal, financial, and operational risks
- Data Protection: GDPR compliance status and data handling procedures
- Limitations Statement: Clear outline of investigation scope and any restrictions encountered
- Recommendations: Specific action points based on findings
What's the difference between a Due Diligence Report and a Due Diligence Checklist?
A Due Diligence Report differs significantly from a Due Diligence Checklist in both scope and function within Danish business practice. While they work together, they serve distinct purposes in the due diligence process.
- Depth and Analysis: The Report provides detailed analysis and conclusions, while the Checklist serves as a preliminary tool to ensure all areas are covered
- Legal Weight: Reports carry significant legal importance under Danish corporate law and can be used as evidence of proper investigation, whereas Checklists are primarily internal working documents
- Timing and Use: Checklists guide the initial information gathering phase, while Reports present the final findings and recommendations
- Structure: Reports contain narrative analysis and detailed explanations, while Checklists use simple yes/no or completed/pending formats
- Audience: Reports are prepared for decision-makers and external stakeholders, while Checklists mainly serve the due diligence team
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