An essential element for the successful implementation of M&A and real estate transactions is an accurate due diligence activity, namely the preliminary assessment of the characteristics of the target asset or company/business branch, in order to identify the legal and technical issues related to the operation and possible solutions.
For this reason, the Firm has decided to use the significant experience gained by its Professionals in the field of primary transactions involving investment funds and listed companies to offer its clients legal advice by means of due diligence activities in all stages of real estate and M&A transactions.
In particular, the Firm’s professionals assist clients:
– in the preliminary phase, offering its support in assessing the feasibility and subsequent engineering of the operation;
– in the legal due diligence phase, also in favour of the seller (the so-called vendor due diligence).
The services offered by the Firm in this phase include legal assistance and advice (i) in defining the scope of the due diligence activity, (ii) in the preparation of the due diligence check-list and (iii) in setting up the Data Room and in selecting the documentation to be included in it, other than, of course, (iv) the legal analysis of the Data Room documentation and (v) the delivery, according to the agreed deadlines, of a report (detailed or more concise, depending on the needs) of the documentation examined and the legal critical issues arising from the due diligence and any operational solutions to manage the risk of the highlighted critical issues.
At this stage, the Firm is able to provide a team of professionals that varies in number and skills. More specifically, the core team of professionals are experts in Contract Law, Company Law and Administrative Law (with a particular focus on Urban Planning Law and Environmental Law, which are fundamental subjects for a real estate transaction);
– in the negotiation stage, by means of legal support to the client in the negotiation of the contract, the preparation and revision of the arrangements between the parties;
– in the implementation stage of the operation, by means of legal assistance with counterparties and public sector bodies;
– throughout the entire process of the transaction, by means of legal opinions on Contract Law, Commercial Law, Company Law, Administrative Law and Real Estate Law.
Due diligence services are addressed not only to companies, banks, investment funds and consulting firms, but also to natural persons (as far as real estate transactions are concerned) in relation:
- to extraordinary corporate operations, with a particular focus on those involving companies operating in the energy sector (in particular gas distribution, renewable energy and energy efficiency), in the local public services sector (e.g. waste, water, public green), in the public procurement sector and in the telecommunications sector. Reference is also made to operations involving public capital companies or semi-public companies.
- to transactions in the real estate sector, the main object of whose is the transfer of ownership or other rights in rem according to the asset deal and share deal schemes.
Reference is also made:
– to transactions regarding privately and publicly owned assets;
– to real estate development operations, and, above all, to i) regeneration operations of buildings and disused areas, and ii) operations for the upgrading of buildings and public lighting systems to be implemented through the adoption of energy performance contracts (EPC).
