Due Diligence and Corporate Governance

16.6: Environmental Consents and Licences

16.6: Environmental Consents and Licences

The purchaser should ask to see all environmental consents and licences which are necessary for the business being acquired. In this context, it is particularly important for the purchaser to check carefully the conditions which attach to them and also to take a view as to whether or not these conditions are being complied with, as current liability may arise out of a previous breach of conditions. Sometimes the regulatory authority which has granted a licence may review it, so it is crucial to check whether such a review is taking place. In addition, the purchaser should ask to see copies of correspondence between the vendor company and the regulatory authorities in order to consider what local opinions there are about the industry being carried on by the vendor company.

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