Legal Audits (Due Diligence)
Performing Due Diligence, including legal risk and liabilities assessment and analysis (Legal Due Diligence LDD) in respect of a transaction object is an important constituent of any M&A transaction. This process will help the buyer to better understand the subject of the purchase / investment, to identify legal challenges and risks. In contrast, a seller might want to perform a LDD prior to a transaction to arrange the object, identify the potential extent of the LDD, limit liability, as well as to reduce and control the term of the transaction.
Moreover, performance of LDD in advance will help both seller and buyer to prepare better for their negotiations, to structure and implement the transaction.
Romero Arteta Ponce has extensive experience in carrying out LDD processes and arranging these for the needs of both buyer and seller. In every particular case our lawyers and experts adapt to the specific transaction, the area of the operation of the LDD subject, timing and the client´s interests.
In addition to general LDD, we also offer studies of restricted scope in relation to specific questions the client is interested in, for example, for example, corporate affairs, working environment, etc.
New Airport of Quito
The Firm was selected by the company Companhia de Concessões Rodoviárias (CCR) for the preparation of a Due Diligence regarding the acquisition of 45.5% of participations that the Brazilian company maintained, in a concession for 20 years, made by the Municipality of Quito for the operation of the New Airport of Quito.
The team of lawyers of the Firm was led by Gustavo Romero and the process lasted approximately one year, considering that there were multiple documents to be analyzed, mainly the Airport´s concession contracts, its reforms and amendments, contracts for the use of soils, expropriation of roads, expropriation of lands, consulting contracts for the construction of civil works, contracts with each of the dealers in the commercial areas of the Airport, tax issues, labor issues, and everything that involves a concession of this nature. The amount of the transaction exceeded one hundred million dollars, and the business transaction was successfully completed.