Due Diligence Engagement Letter Template for Switzerland

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Key Requirements PROMPT example:

Due Diligence Engagement Letter

"I need a Due Diligence Engagement Letter for our Swiss law firm to investigate a target company operating in both Switzerland and Germany, with specific focus on financial services compliance and data protection requirements, targeting completion by March 2025."

Document background
The Due Diligence Engagement Letter is a crucial document used when engaging professional services firms to conduct thorough investigations of business entities, transactions, or operations under Swiss law. It is typically employed in contexts such as mergers and acquisitions, investments, or major business decisions where detailed examination of a target company or project is required. The document sets out the framework for the investigation, including scope, methodology, timeframe, and deliverables, while ensuring compliance with Swiss regulatory requirements regarding professional services, data protection, and confidentiality. This engagement letter serves as the foundational agreement that governs the relationship between the investigating firm and the client, establishing clear expectations, responsibilities, and limitations of the engagement.
Suggested Sections

1. Letterhead and Date: Professional firm's letterhead, date, and recipient's address details

2. Parties: Clear identification of the engaging party (client) and the professional firm

3. Introduction: Brief context of the engagement and reference to any preliminary discussions

4. Scope of Services: Detailed description of the due diligence scope, areas to be covered, and any specific exclusions

5. Engagement Team: Key team members and their roles in the due diligence process

6. Timeline and Deliverables: Expected duration, key milestones, and format of deliverables

7. Fees and Expenses: Fee structure, payment terms, and treatment of out-of-pocket expenses

8. Confidentiality: Confidentiality obligations and handling of sensitive information in accordance with Swiss law

9. Data Protection: Compliance with Swiss data protection laws and data handling procedures

10. Professional Standards: Reference to applicable professional standards and limitations of the engagement

11. Liability and Indemnification: Limitations of liability and indemnification provisions under Swiss law

12. Signature Blocks: Space for signatures of both parties with acceptance confirmation

Optional Sections

1. Conflict Check: Statement regarding conflict checks performed, used when working with regulated entities or in sensitive industries

2. Use of Third-Party Providers: Details about potential involvement of external experts or providers, included when third-party assistance is anticipated

3. Insurance Coverage: Details of professional indemnity insurance, included when specifically requested by client or for high-value engagements

4. Governing Law and Jurisdiction: While Swiss law is implied, specific canton jurisdiction may be specified if relevant

5. Language of Communication: Specification of official language(s) for communication and deliverables, important in multilingual engagements

6. Document Retention: Policy on retention of work papers and documents, included for complex engagements or when specifically required

Suggested Schedules

1. Scope of Work Schedule: Detailed breakdown of areas to be covered in the due diligence investigation

2. Fee Schedule: Detailed fee structure, hourly rates, and payment milestones

3. Team Structure: Detailed organization chart and CVs of key team members

4. Information Requirements: List of documents and information required from the client

5. Timeline Schedule: Detailed project timeline with key dates and deliverables

6. Reporting Template: Sample format or structure of the due diligence report

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries

Financial Services

Professional Services

Banking

Insurance

Private Equity

Manufacturing

Technology

Healthcare

Real Estate

Energy

Telecommunications

Retail

Pharmaceuticals

Industrial

Transportation & Logistics

Relevant Teams

Legal

Finance

Mergers & Acquisitions

Corporate Development

Risk Management

Compliance

Investment

Strategy

Project Management

Due Diligence

Transaction Advisory

Executive Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

General Counsel

Head of Mergers & Acquisitions

Investment Director

Due Diligence Manager

Corporate Development Director

Risk Manager

Compliance Officer

Legal Counsel

Transaction Advisory Partner

Private Equity Director

Investment Banking Director

Project Manager

Financial Controller

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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