Corporate acquisitions always entail civil and tax liability risks that can be handled contractually. However, the consequences for the company in the form of fines and subsequent payments resulting from criminal offences or administrative offences are incalculable. Furthermore, individual criminal consequences and reputational damage for the company can occur. In this respect, it is essential to identify and exclude that kind of risks as far as possible by carrying out a criminal due diligence as a part of the acquisition process.
The existence of slush funds, undetected bribery cases, product liability cases or the fact that taxes were evaded in the past by members of the executive board and the company or social security contributions were not paid in full, lowers the economic value of the company planned to be acquired. The aim of a criminal due diligence is to carry out a careful review of the individual risk areas in order to detect and evaluate any issues that may be existing. This is done in order to be able to react to the risks before the company acquisition is completed by signing. It is therefore crucial to ensure a realistic company assessment by carrying out a comprehensive review including a thorough risk and liability assessment.
His expertise in the field of criminal due diligence and the identification and evaluation of possible criminal risks rooted in the past, attorney Juergen Klengel advises companies as well as ist organs, ahead of a company acquisition in great detail and success-oriented.