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Due Diligence Engagement Letter Template for New Zealand

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Key Requirements PROMPT example:

Due Diligence Engagement Letter

"I need a Due Diligence Engagement Letter for a tech startup acquisition in Auckland, where our law firm will be conducting comprehensive due diligence, including IP review and technology assessment, with completion targeted for March 2025."

Document background
The Due Diligence Engagement Letter is a critical document used in New Zealand business transactions to formally establish the professional relationship between a service provider and client for conducting due diligence investigations. This document is typically required before commencing any significant corporate transaction, merger, acquisition, or major investment where detailed investigation of a target company or asset is necessary. It encompasses essential elements required under New Zealand law, including scope definition, service standards, confidentiality obligations, and liability provisions. The letter must comply with New Zealand's regulatory framework, including the Contract and Commercial Law Act 2017, Financial Markets Conduct Act 2013, and relevant professional standards. It serves as both a legal protection mechanism and a project management tool, clearly outlining expectations, deliverables, and responsibilities of all parties involved.
Suggested Sections

1. Recipient Address and Date: Formal letter heading with client's details and date

2. Introduction: Opening paragraph identifying the parties and purpose of the engagement

3. Scope of Services: Detailed description of the due diligence services to be provided

4. Methodology and Approach: Overview of how the due diligence will be conducted

5. Timeline and Deliverables: Expected duration and format of deliverables

6. Fees and Payment Terms: Fee structure, payment schedule, and expenses

7. Team Structure: Key personnel and their roles in the engagement

8. Confidentiality: Obligations regarding confidential information

9. Limitation of Liability: Extent and limitations of service provider's liability

10. Termination: Conditions and process for ending the engagement

11. Acceptance and Execution: Signature blocks and acceptance terms

Optional Sections

1. Regulatory Compliance: Required when the due diligence involves regulated industries or activities

2. Cross-border Considerations: Needed when the due diligence involves multiple jurisdictions

3. Specialist Third-Party Providers: Include when external specialists will be engaged

4. Conflicts of Interest: Required when there are potential conflicts to disclose

5. Data Protection and Privacy: Detailed section needed when handling sensitive personal data

6. Insurance Coverage: Details of professional indemnity insurance when specifically required

7. Force Majeure: Include when specific risk allocation for extraordinary events is needed

Suggested Schedules

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

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, expenses, and payment terms

3. Schedule 3 - Information Requirements: List of documents and information required from the client

4. Schedule 4 - Timeline and Key Milestones: Detailed project timeline with specific deadlines and deliverables

5. Schedule 5 - Team Structure and CVs: Detailed information about team members and their qualifications

6. Appendix A - Standard Terms and Conditions: Firm's standard terms and conditions for due diligence engagements

7. Appendix B - Reporting Template: Sample format of the due diligence report to be delivered

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































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Relevant Industries

Financial Services

Legal Services

Corporate Services

Manufacturing

Technology

Real Estate

Healthcare

Retail

Energy

Mining

Agriculture

Education

Transportation

Professional Services

Telecommunications

Relevant Teams

Legal

Finance

Compliance

Risk Management

Corporate Development

Mergers & Acquisitions

Investment

Due Diligence

Project Management

Business Development

Executive Leadership

Corporate Secretariat

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Corporate Lawyer

Investment Manager

Due Diligence Specialist

Transaction Advisory Manager

Risk Manager

Compliance Officer

Managing Director

Partner

Director

Company Secretary

Business Development Manager

Project Manager

Investment Analyst

Financial Analyst

M&A Specialist

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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