Due Diligence Engagement Letter

Due Diligence Engagement Letter Template for Denmark

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Document background

The Due Diligence Engagement Letter is a crucial document used when a company or investor requires professional services to investigate and evaluate a target business, property, or asset. This document, structured under Danish law, formally establishes the relationship between the investigating firm and the client, detailing the scope, methodology, and deliverables of the due diligence process. It is commonly used in mergers and acquisitions, significant investments, or major business transactions where thorough investigation is necessary. The letter must comply with Danish regulatory requirements, including professional services regulations, data protection laws, and anti-money laundering provisions. It typically precedes any significant transaction and serves as the governing document for the entire due diligence engagement, protecting both the service provider and the client by clearly defining expectations, limitations, and responsibilities.

Suggested Sections

1. Letterhead and Date: Professional firm's letterhead, including contact details and date of the letter

2. Recipient Details: Full name and address of the client company and specific contact person

3. Subject Line: Clear identification of the document as a Due Diligence Engagement Letter and the target company/transaction

4. Introduction: Opening paragraph identifying the parties and confirming the engagement request

5. Scope of Services: Detailed description of the due diligence services to be provided, including areas of investigation

6. Timeline and Deliverables: Expected duration of the engagement and format/nature of deliverables

7. Fees and Expenses: Fee structure, billing arrangements, and treatment of expenses

8. Team Structure: Key team members and their roles in the engagement

9. Confidentiality: Confidentiality obligations regarding the engagement and findings

10. Liability and Limitations: Professional liability terms and any limitations of liability

11. Client Responsibilities: Expected cooperation and information provision from the client

12. Closing and Signatures: Formal closing, signature blocks, and acceptance provisions

Optional Sections

1. Conflict Checks: Section addressing potential conflicts of interest, used when there are multiple parties involved or potential conflict situations

2. Third Party Access: Terms governing access to due diligence findings by third parties, used when other parties may need access to the results

3. Document Retention: Specific terms about retention of work papers and documents, used for complex engagements or when required by regulations

4. Insurance Coverage: Details of professional insurance coverage, included when specifically requested by client or for high-risk engagements

5. Termination Provisions: Detailed termination clauses, included for longer-term or complex engagements

6. Use of External Experts: Terms governing the engagement of external specialists, included when specific expertise might be needed

7. Data Protection Specifics: Detailed GDPR compliance provisions, included when significant personal data processing is involved

Suggested Schedules

1. Schedule 1: Scope of Work: Detailed breakdown of due diligence areas and specific items to be reviewed

2. Schedule 2: Fee Schedule: Detailed fee structure, including hourly rates, estimates, and payment terms

3. Schedule 3: Team Structure: Detailed organization chart and CVs of key team members

4. Schedule 4: Timeline: Detailed project timeline with key milestones and deliverable dates

5. Schedule 5: Information Requirements: List of documents and information required from the client

6. Appendix A: Standard Terms of Business: Firm's standard terms and conditions

7. Appendix B: Document Request List: Comprehensive list of documents required for the due diligence

8. Appendix C: Reporting Template: Sample format of reports and updates to be provided

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Due Diligence Engagement Letter Template for Denmark

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