Problem
The client, an investment fund, was considering an equity investment in a family-owned company with the aim of expanding the geographic coverage of one of its portfolios. While due diligence on the company was fairly advanced and reasonably satisfactory, the client wanted to ensure that there were no issues regarding the management of the key executive and partner, who was expected to remain involved in the envisioned ‘build-up’.
What we did
Our research in the local press identified several disputes involving the seller’s liability, both in the context of his core business linked to the target company of the investment fund, and in related activities. In both cases there were violations of existing regulations.
Result
These alerts did not constitute sufficient reason to abandon the deal. However, they allowed the client to anticipate the necessary upgrade of the company’s internal procedures and to recognise the need to limit the seller to a non-operational role in the ‘build-up’.