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Digg it UP - Fifteen Areas Reviewed in a Due Diligence Study
Losses through theft and fraud vary considerably by the type of operation and the efficiency of their management. To fully understand the cost lets look at the following example:Losses range, for example, from 1.5 percent of sales for a well-managed department store to about 13 percent for a loosely controlled operation. According to one estimate, dishonest employees account for over two-thirds of retail theft and shoplifting for the remainder. Even though you cannot eliminate stealing entirely, you can take steps to minimize it. The key lies in the proper mix of the right controls.The best safeguard against employee theft is the worker whose integrity is beyond question. Too many retailers take integrity for granted. A storeowner or manager should take every precaution to ensure that the people hired are honest, and then, establish and maintain a corporate culture that encourages its employees to stay honest.Any theft or frauds that takes place within your company affects your wallet., but there are other way
Inspections, citations, audits, feasibility studies, corrections, and outstanding enforcement
actions
Spill reports, notifications, clean-up requirements, and financial estimates for clean-ups or
violations
Intracompany correspondence, memos, and reports relating to environmental matters
List of all above-ground and underground tanks, their contents, and their location
Information regarding prior ownership and uses or company-owned property
12. Intellectual property,
All patents, patent applications, invention disclosures, and list of important unpatented items
Documents of ownership or other agreements concerning acquisition, security, and
confidentiality of information
Trademarks, pending trademark applications, registrations, renewals and unregistered
trademarks
Trade names, manner and territory of use of trade names, and state or federal failings of
trade names
Concurrent use agreements, settlements, or registrations
Copyrights, copyright applications, registrations, renewals, assignments, and documents
Any licenses of patents, trademarks, trade names, or copyrights
Disputes, legal proceedings, i
Reducing costs and expenses is a constant battle for those who are opening a dollar store. The battle starts with the very first steps that are taken in preparation for opening the business. They continue as long as the business remains open.The price paid for business space is one of those ongoing battles. Generally the store lease is one of the first things that is negotiated. All of the costs and expenses associated with the lease should have been thoroughly examined with the help of your accountant and attorney during the lease negotiations. Yet after actually opening a dollar store and as the business grows there may be a strong desire to add extra space for sales or for storage. Resist that desire to add space until there are no other options and until it is clear that the space will pay for itself in sales.Adding additional lease expense, especially when it is non-retail space needs to be thoroughly examined. How is the space going to pay for itself? If it is being added as a place to store extra merchandise e
1. Corporate records:
The companys original articles of incorporation or articles of organization
By-Laws and minutes of any Board meetings, executive committee meetings, and
shareholder meetings
Stock issuance and transfer
The companys communication with shareholders
Press clippings and press releases
Applications for and documents authorizing the company to do business in another state
Stockholder agreements, voting, proxies, and other similar documents
The companys organization chart showing how it is structured and if there are any affiliates
2. Insurance:
All insurance policies, their coverage limits, the deductibles, renewal dates, and premiums
paid or owed
Insurance claim history
3. Government regulations and filings:
Reports and correspondence with any governmental authority
Licenses, permits, approvals, etc.
Bonds posted for licenses, permits, etc.
Records of any investigation, inquiry, or inspections by government
Government orders with which the company must comply
4. Financing:
Documents evidencing loans, secured and unsecured, and personal guarantees
Bank agreements confirming lines of credit
Documents evidencing sale, lease-back, instalment purchases, sales contracts, loan
agreements
Correspondence to and from lenders
Evidence of satisfaction or liens or debts
5. Financial information
Audited financial statements
Unaudited monthly and quarterly financial statements
Capital budgets, changes in accounting practices
Inventory summary
Aged accounts receivable and payable
List of all assets with purchase price
Correspondence with inside and outside accountants
6. Taxes:
Federal, state, and local tax returns
Any adjustments, settlements, recapture, or notices with taxing authority
FICA, FUTA, and other employee withholding
Calculations of tax basis, book basis, and depreciation of all assets
7. Customer information
Customer agreements
List of 10 largest customers and list of sales to each
Government or quasi-government customers
Catalogs, product literature, advertising, and price lists
8.
Agreements concerning distribution of stock, stock options, preemptive rights, and stock
option plans
Agreements or contracts concerning capital expenditures
Licenses, agreements, franchises, joint venture or partnership agreements
Interconnection agreements, leases, any document limiting the companys line of business,
and non-compete agreements
Agreements entered into in the normal course of business and agreements not in the
normal course of business
Agrements to pay of indemnify the debts or liabilities of third parties
Documents regarding acquisition or disposition of businesses or assets
Agreements or contracts with directors, officers, stockholders, or affiliate or relatives of
such parties
Sample purchase orders and distribution agreements
Copies of documents evidencing the companys or stockholders interest in any entity in the
same industry
Bartering contracts
9. Employee-related documents
Employment, union, nonunion agreements, memoranda of understanding, grievance
settlements
Letters offering employment
Consulting and independent contractor agreements
Personnel policy manual
Employee health benefits, bonuses, deferred compensation, pension, profit sharing, stock
options, employee stock purchases, retirement, and other employee benefits
Financial statements and list of assets and valuation for all employee plans
Actuarial reports and nonfunding for any employee plan
Tax returns and other communications with taxing authorities regarding employee plans
10. Real property
Description and copies of all real property leases and options
Mortgages in which company is a party
Deeds, title reports, surveys, and certificates of occupancy for all real estate owned in
whole or in part by company
Special use permits or variances for any real property occupied by company
11. Environmental matters
Information regarding compliance or noncompliance, claims, permits, licenses,
correspondence, and notices with any environmental protection laws or regulations
Inspections, citations, audits, feasibility studies, corrections, and outstanding enforcement
actions
Spill reports, notifications, clean-up requirements, and financial estimates for clean-ups or
violations
Intracompany correspondence, memos, and reports relating to environmental matters
List of all above-ground and underground tanks, their contents, and their location
Information regarding prior ownership and uses or company-owned property
12. Intellectual property,
All patents, patent applications, invention disclosures, and list of important unpatented items
Documents of ownership or other agreements concerning acquisition, security, and
confidentiality of information
Trademarks, pending trademark applications, registrations, renewals and unregistered
trademarks
Trade names, manner and territory of use of trade names, and state or federal failings of
trade names
Concurrent use agreements, settlements, or registrations
Copyrights, copyright applications, registrations, renewals, assignments, and documents
Any licenses of patents, trademarks, trade names, or copyrights
Disputes, legal proceedings, in
All your transactions with a Panama Law Firm are covered by tight Attorney Client Privileged Communication. The lawyer/law firm can not reveal anything about the client or their transactions, business dealings, etc. unless specifically authorized by the client. The exception to this would be if ordered by a Panama Court which is a possibility but something very rarely seen.Lawyers have to pass background checks from their government in addition to attending law school. The government knows who their lawyers are and regulates them. Lawyers have obligations and fiduciary responsibilities to their clients.We see many people buying corporations, trusts, etc. from non-lawyer web based businesses and also for bank accounts. It for some reason never occurs to the client that the entity they are doing business with has all their private financial information such as name of their company, ownership of the company, passports, bank and business reference letters, addresses, phones, email, business information, where their bank
3. Government regulations and filings:
Reports and correspondence with any governmental authority
Licenses, permits, approvals, etc.
Bonds posted for licenses, permits, etc.
Records of any investigation, inquiry, or inspections by government
Government orders with which the company must comply
4. Financing:
Documents evidencing loans, secured and unsecured, and personal guarantees
Bank agreements confirming lines of credit
Documents evidencing sale, lease-back, instalment purchases, sales contracts, loan
agreements
Correspondence to and from lenders
Evidence of satisfaction or liens or debts
5. Financial information
Audited financial statements
Unaudited monthly and quarterly financial statements
Capital budgets, changes in accounting practices
Inventory summary
Aged accounts receivable and payable
List of all assets with purchase price
Correspondence with inside and outside accountants
6. Taxes:
Federal, state, and local tax returns
Any adjustments, settlements, recapture, or notices with taxing authority
FICA, FUTA, and other employee withholding
Calculations of tax basis, book basis, and depreciation of all assets
7. Customer information
Customer agreements
List of 10 largest customers and list of sales to each
Government or quasi-government customers
Catalogs, product literature, advertising, and price lists
8.
Agreements concerning distribution of stock, stock options, preemptive rights, and stock
option plans
Agreements or contracts concerning capital expenditures
Licenses, agreements, franchises, joint venture or partnership agreements
Interconnection agreements, leases, any document limiting the companys line of business,
and non-compete agreements
Agreements entered into in the normal course of business and agreements not in the
normal course of business
Agrements to pay of indemnify the debts or liabilities of third parties
Documents regarding acquisition or disposition of businesses or assets
Agreements or contracts with directors, officers, stockholders, or affiliate or relatives of
such parties
Sample purchase orders and distribution agreements
Copies of documents evidencing the companys or stockholders interest in any entity in the
same industry
Bartering contracts
9. Employee-related documents
Employment, union, nonunion agreements, memoranda of understanding, grievance
settlements
Letters offering employment
Consulting and independent contractor agreements
Personnel policy manual
Employee health benefits, bonuses, deferred compensation, pension, profit sharing, stock
options, employee stock purchases, retirement, and other employee benefits
Financial statements and list of assets and valuation for all employee plans
Actuarial reports and nonfunding for any employee plan
Tax returns and other communications with taxing authorities regarding employee plans
10. Real property
Description and copies of all real property leases and options
Mortgages in which company is a party
Deeds, title reports, surveys, and certificates of occupancy for all real estate owned in
whole or in part by company
Special use permits or variances for any real property occupied by company
11. Environmental matters
Information regarding compliance or noncompliance, claims, permits, licenses,
correspondence, and notices with any environmental protection laws or regulations
Inspections, citations, audits, feasibility studies, corrections, and outstanding enforcement
actions
Spill reports, notifications, clean-up requirements, and financial estimates for clean-ups or
violations
Intracompany correspondence, memos, and reports relating to environmental matters
List of all above-ground and underground tanks, their contents, and their location
Information regarding prior ownership and uses or company-owned property
12. Intellectual property,
All patents, patent applications, invention disclosures, and list of important unpatented items
Documents of ownership or other agreements concerning acquisition, security, and
confidentiality of information
Trademarks, pending trademark applications, registrations, renewals and unregistered
trademarks
Trade names, manner and territory of use of trade names, and state or federal failings of
trade names
Concurrent use agreements, settlements, or registrations
Copyrights, copyright applications, registrations, renewals, assignments, and documents
Any licenses of patents, trademarks, trade names, or copyrights
Disputes, legal proceedings, i
Stainless steel machining refers to the process of cutting steel sheets or bars into predetermined shapes for use as components in various industries such as aerospace, automotive, shipping, and others. Stainless steel machining can be done either manually or with the help of automatic machining systems combined with computer aided design (CAD) software.Manual machining is used for cutting stainless steel sheets in simple shapes such as circular, square, and rectangular. This process is however being replaced by automatic machining systems and processes that can cut any type of shape out of metal sheets needed for different purposes.The most commonly used technology used for stainless steel machining is known as Computer Numerical Control or CNC machining. The technology is mainly used to cut intricate shapes and designs into hard metals such as stainless steel, which otherwise are difficult to form, mold, or manipulate. In this process, the machining operator uses computers to control machine tools for manufacturing
Calculations of tax basis, book basis, and depreciation of all assets
7. Customer information
Customer agreements
List of 10 largest customers and list of sales to each
Government or quasi-government customers
Catalogs, product literature, advertising, and price lists
8.
Agreements concerning distribution of stock, stock options, preemptive rights, and stock
option plans
Agreements or contracts concerning capital expenditures
Licenses, agreements, franchises, joint venture or partnership agreements
Interconnection agreements, leases, any document limiting the companys line of business,
and non-compete agreements
Agreements entered into in the normal course of business and agreements not in the
normal course of business
Agrements to pay of indemnify the debts or liabilities of third parties
Documents regarding acquisition or disposition of businesses or assets
Agreements or contracts with directors, officers, stockholders, or affiliate or relatives of
such parties
Sample purchase orders and distribution agreements
Copies of documents evidencing the companys or stockholders interest in any entity in the
same industry
Bartering contracts
9. Employee-related documents
Employment, union, nonunion agreements, memoranda of understanding, grievance
settlements
Letters offering employment
Consulting and independent contractor agreements
Personnel policy manual
Employee health benefits, bonuses, deferred compensation, pension, profit sharing, stock
options, employee stock purchases, retirement, and other employee benefits
Financial statements and list of assets and valuation for all employee plans
Actuarial reports and nonfunding for any employee plan
Tax returns and other communications with taxing authorities regarding employee plans
10. Real property
Description and copies of all real property leases and options
Mortgages in which company is a party
Deeds, title reports, surveys, and certificates of occupancy for all real estate owned in
whole or in part by company
Special use permits or variances for any real property occupied by company
11. Environmental matters
Information regarding compliance or noncompliance, claims, permits, licenses,
correspondence, and notices with any environmental protection laws or regulations
Inspections, citations, audits, feasibility studies, corrections, and outstanding enforcement
actions
Spill reports, notifications, clean-up requirements, and financial estimates for clean-ups or
violations
Intracompany correspondence, memos, and reports relating to environmental matters
List of all above-ground and underground tanks, their contents, and their location
Information regarding prior ownership and uses or company-owned property
12. Intellectual property,
All patents, patent applications, invention disclosures, and list of important unpatented items
Documents of ownership or other agreements concerning acquisition, security, and
confidentiality of information
Trademarks, pending trademark applications, registrations, renewals and unregistered
trademarks
Trade names, manner and territory of use of trade names, and state or federal failings of
trade names
Concurrent use agreements, settlements, or registrations
Copyrights, copyright applications, registrations, renewals, assignments, and documents
Any licenses of patents, trademarks, trade names, or copyrights
Disputes, legal proceedings, i
Success as an event and meeting professional has never been more challenging, due to increasing competition and higher demands to meet business objectives.Personal pressures are equally daunting. Long, stress-filled hours at work can strain commitments to family and health.If you feel a little overwhelmed, you're not alone. Merely projecting a veneer of confidence isn't an option. So what can you do?The best kept "secret" to success revealed by successful business professionalsDespite demanding circumstances some event and meeting professionals achieve results that others don't, no matter how hard they try. What is their secret?Two words: Business Coaching.Top event and meeting professionals understand and appreciate the value of hiring an experienced and objective guide to reach the next milestone of success - someone to help them make the connection to what matters most to them in the heat of the moment - someone with the skills and experience needed to enhance their own performance.<
same industry
Bartering contracts
9. Employee-related documents
Employment, union, nonunion agreements, memoranda of understanding, grievance
settlements
Letters offering employment
Consulting and independent contractor agreements
Personnel policy manual
Employee health benefits, bonuses, deferred compensation, pension, profit sharing, stock
options, employee stock purchases, retirement, and other employee benefits
Financial statements and list of assets and valuation for all employee plans
Actuarial reports and nonfunding for any employee plan
Tax returns and other communications with taxing authorities regarding employee plans
10. Real property
Description and copies of all real property leases and options
Mortgages in which company is a party
Deeds, title reports, surveys, and certificates of occupancy for all real estate owned in
whole or in part by company
Special use permits or variances for any real property occupied by company
11. Environmental matters
Information regarding compliance or noncompliance, claims, permits, licenses,
correspondence, and notices with any environmental protection laws or regulations
Inspections, citations, audits, feasibility studies, corrections, and outstanding enforcement
actions
Spill reports, notifications, clean-up requirements, and financial estimates for clean-ups or
violations
Intracompany correspondence, memos, and reports relating to environmental matters
List of all above-ground and underground tanks, their contents, and their location
Information regarding prior ownership and uses or company-owned property
12. Intellectual property,
All patents, patent applications, invention disclosures, and list of important unpatented items
Documents of ownership or other agreements concerning acquisition, security, and
confidentiality of information
Trademarks, pending trademark applications, registrations, renewals and unregistered
trademarks
Trade names, manner and territory of use of trade names, and state or federal failings of
trade names
Concurrent use agreements, settlements, or registrations
Copyrights, copyright applications, registrations, renewals, assignments, and documents
Any licenses of patents, trademarks, trade names, or copyrights
Disputes, legal proceedings, i
Are you aware of a website which is for employers to access outsourced contractors quickly and easily through a safe and secure environment?Our carefully selected employees have undergone a thorough recruitment process, so that as your contractors, you can be sure they deliver the quality you want. They were recruited specifically for their skills and qualifications in a number of selected categories including:Computing Office Marketing Finance TelecomsWhy not visit our website www.hire-a-temp.co.ukto find out more and contact us to discuss your specific requirements or to plan future projects. You can hire people for part time or full time online jobs, to help you with any project requirements or to help you meet deadlines. Our staffs are available to you through the most flexible arrangements possible to give you maximum benefit from using the service to solve your recruitment problems. You contract online, we deliver online. Simple in conception, simple to operate, effective and ef
Inspections, citations, audits, feasibility studies, corrections, and outstanding enforcement
actions
Spill reports, notifications, clean-up requirements, and financial estimates for clean-ups or
violations
Intracompany correspondence, memos, and reports relating to environmental matters
List of all above-ground and underground tanks, their contents, and their location
Information regarding prior ownership and uses or company-owned property
12. Intellectual property,
All patents, patent applications, invention disclosures, and list of important unpatented items
Documents of ownership or other agreements concerning acquisition, security, and
confidentiality of information
Trademarks, pending trademark applications, registrations, renewals and unregistered
trademarks
Trade names, manner and territory of use of trade names, and state or federal failings of
trade names
Concurrent use agreements, settlements, or registrations
Copyrights, copyright applications, registrations, renewals, assignments, and documents
Any licenses of patents, trademarks, trade names, or copyrights
Disputes, legal proceedings, infringements, judgments, decrees, settlements, or court
orders regarding patents, trademarks, trade names, and copyrights
13. Banking
Bank accounts, credit agreements, debt instruments, and lines of credit
14. Litigation/Disputes
All documents regarding any actual or pending litigation, administrative proceedings,
government investigations, disputes, grievances, and inquiries
Consent decrees, judgments, court orders, settlement agreements to which the company is
a party
15. Miscellaneous
Analyses by investment bankers, engineers, management consultants, accountants
Marketing studies, credit reports, and other financial reports
Pending powers of attorney
Organizational charts, job descriptions, job titles, salaries, start dates, and bonuses
Internal management reports
This list should help you prepare, but it is only the legal portion of a due diligence study. There may be other areas considered in a due diligence study such as product or service studies, competitive analysis, market analysis, and reference and background checks. A due diligence study is often undertaken by investors or lenders before any investments or loans are made.
Jo Ann Joy, Esq., MBA, CEO The future of your business starts here!
You may contact Jo Ann by phone at (602) 663-7007, by fax at (602) 324-7582, by email at joannjoy@Indigo Business Solutions.net, and by mail at 2313 East Ocotillo Rd., Phoenix, AZ 85016. Copies of any articles will be provided free of charge.
For information about other important legal, tax, and business topics, free copies of articles, or EBooks, please visit our website at u>www.IndigoBusinessSolutions.net. Copyright 2006. All rights reserved. Indigo Business Solutions is a registered trade name.
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