Korea Due Diligence for Joint Ventures, Licensing, OEMs and Buying a Korean Company

Intending execute a joint venture agreement with a Korean company? Buying a Korean company? Licensing technology to a Korean company? OEM with a Korean supplier? Selling to a Korean company?Before going to bed with a Korean company – do a little due diligence.  The motivation for this article is an article by my friends over at the China Law Blog. Due diligence in Korea is not much different than due diligence in China.  However, don’t forget what is said below: “get someone who truly knows what he or she is doing” to assist with the due diligence.  We see too many Korean lawyers and Korean business professionals with a lot of ego, but little on-the-ground high-level Korean experience or an inability to think strategically.  The few great due diligence professionals are, typically, not found easily at the ubiquitous Korean Law Firms, because of issues of the over-delegation of tasks to

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Korean M & A Due Diligence Checklist: Mergers & Acquisitions Due Diligence in Korea

This Korean Merger & Acquisition Due Diligence Checklist is not a substitute for retaining a Korean-based international attorney to assist with your M & A.  Please, only, use this checklist as an initial guide and to insure that your attorney is checking off all of the boxes. Korean companies often are poor at keeping accurate records that reflect a rational reality.  Thus, you must know where to find the red flags.  These skills come with experience in Korea, thus, the need for someone with significant commercial and legal experience in Korea. M & A Due Diligence Checklist Company History Company History/Background Founder, Family & Key Individuals in Company Historical Profitability Credit Rating Primary Customers, Suppliers & Vendors Reason for Sale or Merger Stinky Fish & Stinky People Old Hats Financials & Shareholder Distributions Audited Financial Statements Tax Returns, Tax Certificates, Tax Filings & VAT Receipts etc. Government Filings, Government Notices

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