Audits
Company audits
Monitoring risks
Thémis proposes legal, social, fiscal and accounting audits which are adapted to each respective context.
Indeed, purchasing or investing in an undertaking, regardless of the activity, comprises risks which must be effectively monitored.
A company audit can also be useful before putting a company up for sale, in order to determine and correct the company’s weak points and to highlight its strong points.
A legal audit of a company on behalf of a potential investor or buyer is an opportunity at the outset to verify that the shares purchased correspond to rights which are truly real, and that the seller is indeed the owner thereof, to be certain that the seller’s rights are conform.
Then the quality of the planned investment must be verified. Is the company bound by any problematic contracts or commitments? To determine this, the following in particular must be analyzed:
- Loan agreements, including by the shareholders
- The different guarantee commitments
- The employment contracts and more specifically the implications of the particular benefits they contain in the event of a lay-off or retirement
- Commercial, distribution, procurement contracts and their subject-to-approval clauses
- Contracts with the clientele
- Contracts between companies of the same group
- The terms and conditions governing the occupancy of the business premises: is the company the owner? If it is a tenant, what are the conditions of the lease/the financial leasing agreement? Property title and the mortgage situation must also be analyzed
A verification shall also be performed of the rights of the company transferred in the domain of industrial property. An inventory of the company’s patents, trademarks and known-how will be drawn-up and these will be verified with the Intellectual Property Organization.
A company audit can also be useful before putting a company up for sale, in order to determine and correct the company’s weak points and to highlight its strong points.
Thémis can also respond to an external audit of the company, at the chief executive’s request, regarding topics which concern him.
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