In our ever competitive landscape, smaller and mid-sized companies are often seeking the shortest route, not always the smartest, in their growth strategies. Understanding operating risk of a company or transaction requires more than a cursory review of the company standardized reports. A process of critical and detailed analysis is essential to monitoring the growth of rapidly expanding companies or portfolios. Why can't you simply rely on standardized reports? For starters, too seldom are standardized reports verified for accuracy, content or origin. I can't tell you how many times we have been provided standardized reports during due diligence, after a quick review we begin asking questions about the origin of the reports and its representations only to find no one in management can tell us why the reports are being used or oftentimes what the data fields represent. This is more common than not.
This article is part one, of a two part discussion, on Identifying Bad Actors for private placements.
In 2010, as part of the aftermath of the Global Financial Crisis of 2008, Congress adopted the Dodd-Frank Wall Street Reform and Consumer Protection Act. While most of the Act addressed the financial services industry, one significant provision targeted...