Originally from:
Doing Business in China
SYNOPSIS
§ 12.01 Introduction
§ 12.02 Due Diligence Process
[1] Due Diligence Questionnaire
[2] On-Site Inspections and Interviews with Management
[3] Public Searches
[4] Role of Advisors
[a] The Role of Legal Professionals
[b] The Role of Accountants, Investment Bankers and Other Financial Consultants
[c] The Role of Environmental Engineers/Consultants
[d] The Role of Structural Engineers
[e] The Role of Human Resources Experts
[f] The Role of Insurance Experts
§ 12.03 Due Diligence Issues
[1] Licenses, Permits and Approvals
[2] Financial Statements
[3] Land Use and Building Ownership Rights
[4] Assets/Intellectual Property
[5] Constituent Document Pitfalls
[6] Taxes
[a] Acquisition Tax Liabilities
[b] Tax Avoidance Schemes
[7] Foreign Exchange
[8] Labor and Employment
[9] Environment
[10] Operating Agreements
[11] Anti-Monopoly Issues
[12] Insurance
[13] Litigation/Arbitration
§ 12.04 Conclusion
Cole R. Capener is a former Associate, Partner and Of Counsel in the international law firm of Baker & McKenzie. He also has taught cross-border mergers and acquisitions in the People’s Republic of China.
Tracy Wut is a Partner of Baker & McKenzie, Hong Kong. She specializes in mergers and acquisitions in China.
Mr. Capener and Ms. Wut would like to thank their colleagues, Bofu An, Charles Chen, Chelsea Chen, Hailin Cui, Richard Gao, Wenting Ge, Alexander Gong, Tingting Guo, Jonathan Isaacs, Tom Jenkins, Grace Li, Mai Lin, Isabella Liu, Laura Liu, Jinghua Liu, Louis Ma, Shen Peng, Lei Yang, Alexander Silverberg, Scott Silverman, Huanyu Sun, Tammy Tang, Jason Wen, Grace Wong, Josh Xing, and Hardy Zhou at Baker & McKenzie for their contributions to this chapter.
