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Due Diligence Checklist
I need a due diligence checklist for evaluating a potential investment in a mid-sized manufacturing company in India, focusing on financial health, compliance with local regulations, and environmental impact assessments. The checklist should include sections on legal, financial, operational, and environmental due diligence, with a timeline for completion and a summary of key findings.
What is a Due Diligence Checklist?
A Due Diligence Checklist helps businesses systematically verify important facts before making major decisions like mergers, acquisitions, or investments in India. It's essentially a comprehensive roadmap that covers legal, financial, operational, and compliance aspects of a potential deal or partnership.
The checklist typically includes review points for corporate records, statutory compliances under the Companies Act 2013, tax filings, intellectual property rights, employee contracts, and pending litigation. Many Indian firms now use digital due diligence tools to streamline this process, though the core purpose remains the same: spotting potential risks and deal-breakers early to make informed business decisions.
When should you use a Due Diligence Checklist?
Use a Due Diligence Checklist before any significant business transaction in India, especially during mergers, acquisitions, or major investments. It's essential when purchasing company assets, entering joint ventures, or taking on new business partners - times when you need a complete picture of potential risks and liabilities.
The checklist becomes particularly important during pre-IPO preparations, real estate transactions, or when foreign investors are involved. Indian regulatory requirements, like those from SEBI and RBI, make thorough due diligence mandatory for certain transactions. Using it early in negotiations helps identify deal-breakers, ensures compliance with Indian laws, and strengthens your bargaining position.
What are the different types of Due Diligence Checklist?
- Financial Due Diligence Checklist: Focuses on audited statements, tax compliance, cash flow analysis, and financial projections - crucial for mergers and acquisitions in India
- Legal Due Diligence Checklist: Covers corporate compliance, licenses, permits, and litigation under Indian law
- Operational Due Diligence Checklist: Examines business processes, assets, IT systems, and supply chain management
- HR Due Diligence Checklist: Reviews employment contracts, labor law compliance, benefits, and workplace policies
- Environmental Due Diligence Checklist: Assesses environmental compliance, permits, and potential liabilities under Indian environmental regulations
Who should typically use a Due Diligence Checklist?
- Corporate Legal Teams: Create and customize Due Diligence Checklists based on transaction type and company needs
- Investment Bankers: Use these checklists while conducting financial and market analysis for mergers and acquisitions
- Chartered Accountants: Review financial aspects and ensure compliance with Indian accounting standards
- Company Directors: Oversee the due diligence process and make final decisions based on findings
- External Legal Counsel: Provide specialized input on regulatory compliance and legal risks
- Compliance Officers: Ensure adherence to SEBI regulations and other Indian statutory requirements
How do you write a Due Diligence Checklist?
- Transaction Scope: Define the exact type of deal and industry sector to customize your Due Diligence Checklist
- Company Documents: Gather incorporation certificates, licenses, board resolutions, and shareholder agreements
- Financial Records: Collect past three years' audited statements, tax returns, and asset valuations
- Legal Status: List all pending litigation, regulatory compliance certificates, and intellectual property rights
- Operational Data: Document key contracts, employee information, and business processes
- Digital Tools: Use our platform's smart templates to ensure your checklist meets Indian legal requirements and industry standards
What should be included in a Due Diligence Checklist?
- Corporate Information: Company details, ownership structure, and board composition as per Companies Act 2013
- Compliance Section: Statutory registrations, permits, and licenses under Indian regulatory framework
- Financial Review: Balance sheets, profit/loss statements, tax compliance status, and banking relationships
- Legal Status: Ongoing litigation, disputes, and regulatory proceedings
- Asset Verification: Real estate, intellectual property, equipment, and inventory details
- Data Privacy: Information handling protocols compliant with Indian data protection laws
- Confidentiality Terms: Non-disclosure provisions and information usage restrictions
What's the difference between a Due Diligence Checklist and a Due Diligence Report?
A Due Diligence Checklist differs significantly from a Due Diligence Report in both function and timing. While they work together in the due diligence process, each serves a distinct purpose in Indian business transactions.
- Purpose and Timing: The checklist guides the investigation process and comes first, outlining what needs to be examined. The report follows later, presenting findings and conclusions from the investigation
- Format and Content: The checklist is structured as action items and questions to investigate, while the report provides detailed analysis, recommendations, and risk assessments
- Legal Standing: The checklist serves as a procedural tool without legal binding power, whereas the report becomes a formal document that can influence legal decisions and transaction terms
- Usage Context: The checklist helps organize the due diligence process internally, while the report communicates findings to stakeholders and decision-makers
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