Due Diligence - Representatives - Checklist

Drafting notes

This is a checklist of due diligence. It is advisable that this checklist be undertaken by representatives or agents of a business.

Checklist

Representatives

Notes

Any agent or representative of a business should be subject to due diligence.

The company will have to make their own inquiries supplementing any information with newspaper or web based research to satisfy themselves in respect of each agent.

Has the company examined and recorded the reasons for and process by which an agent has been appointed?

The following details should be recorded:

  • name and principal business address;

  • identities of the directors, shareholders and beneficial owners; and

  • date of incorporation and annual turnover.

Further inquiries will be required where the principal address is not in the same country as the project or where it is located in a tax haven. The company should first ask whether it is appropriate to engage with this agent or representative or whether, for example, an appropriate alternative agent or representative is available in the same country that the company wishes to work in.

Inquiries should be made of the Transparency International Corruption Perceptions Index in relation to the country involved.