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Due Diligence Form
I need a due diligence form for evaluating potential business partners, focusing on financial stability, legal compliance, and reputation in the industry. The form should include sections for background checks, financial audits, and references, with a checklist for risk assessment and a summary of findings.
What is a Due Diligence Form?
A Due Diligence Form helps companies and investors thoroughly check potential business deals or partnerships in Indonesia. It's a structured checklist that covers key areas like financial health, legal compliance with OJK regulations, ownership structure, and potential risks before making important business decisions.
Indonesian businesses commonly use these forms during mergers, acquisitions, and major investments to protect themselves from hidden problems. The form typically includes sections about permits, licenses, tax compliance, employment practices, and environmental standards - all crucial under Indonesian business law. This careful screening process helps prevent costly mistakes and ensures compliance with local regulatory requirements.
When should you use a Due Diligence Form?
Use a Due Diligence Form before making significant business commitments in Indonesia, especially during mergers, acquisitions, or major investments. It's essential when buying property, forming joint ventures, or investing in local companies - particularly when dealing with assets worth over Rp 10 billion or transactions requiring OJK approval.
The form becomes critical during pre-investment research, company valuations, and partnership negotiations. Many Indonesian businesses complete these forms quarterly for ongoing partnerships or annually for regulatory compliance. Having this documentation ready also speeds up the process when seeking funding from banks or entering discussions with potential investors.
What are the different types of Due Diligence Form?
- Financial Due Diligence: Focuses on financial records, tax compliance, and asset valuation - commonly used by banks and investment firms under OJK guidelines
- Legal Due Diligence: Examines permits, licenses, contracts, and regulatory compliance with Indonesian business law
- Operational Due Diligence: Reviews business processes, employee relations, and operational efficiency against local standards
- Environmental Due Diligence: Assesses environmental compliance and risks, crucial for industries regulated by PROPER certification
- Technical Due Diligence: Evaluates IT systems, infrastructure, and intellectual property rights under Indonesian law
Who should typically use a Due Diligence Form?
- Investment Banks: Prepare and review Due Diligence Forms when advising clients on mergers, acquisitions, or major investments in Indonesian markets
- Corporate Legal Teams: Draft and customize forms to protect their companies during business transactions and partnerships
- External Auditors: Use these forms to guide their assessment of company finances and compliance with OJK regulations
- Business Owners: Complete and provide information required by the forms during sale negotiations or fundraising
- Regulatory Bodies: Reference these forms when reviewing major business transactions or investigating compliance issues
How do you write a Due Diligence Form?
- Company Information: Gather complete legal entity details, business licenses, and registration documents from both parties
- Financial Records: Collect three years of financial statements, tax returns, and bank statements that comply with OJK standards
- Legal Documents: Compile all contracts, permits, intellectual property certificates, and regulatory compliance records
- Operational Data: Document employee records, business processes, and asset inventories
- Risk Assessment: Identify potential legal, financial, and operational risks specific to Indonesian business context
- Verification Steps: Our platform helps ensure all gathered information meets Indonesian legal requirements and industry standards
What should be included in a Due Diligence Form?
- Company Details: Full legal names, registration numbers, and addresses of all parties involved in the due diligence process
- Scope Declaration: Clear outline of investigation areas and time periods covered under Indonesian law
- Confidentiality Terms: Detailed provisions for handling sensitive business information per OJK guidelines
- Document Requests: Specific list of required financial, legal, and operational records
- Compliance Statements: Declarations about regulatory adherence and legal standing
- Verification Methods: Procedures for validating provided information
- Authorization Section: Signatures of authorized representatives with company stamps
What's the difference between a Due Diligence Form and a Due Diligence Checklist?
While a Due Diligence Form and a Due Diligence Checklist might seem similar, they serve distinct purposes in Indonesian business transactions. The main form is a comprehensive document that captures detailed information and responses, while the checklist is a simpler tool for tracking completion of due diligence tasks.
- Scope and Detail: Due Diligence Forms require extensive explanations and supporting documentation, while checklists simply mark items as complete or pending
- Legal Weight: Forms often become part of binding legal documentation under Indonesian law, while checklists are primarily internal tracking tools
- Usage Context: Forms are submitted to external parties like OJK or potential investors, while checklists typically remain as internal process guides
- Verification Requirements: Forms need official signatures and company stamps, whereas checklists usually just need internal sign-offs
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