Phase 1 Environmental Due Diligence Assessments
EMS can provide a comprehensive environmental audit service for business as part of legal and commercial due diligence.
- Identify your environmental risks
- Prior to acquisition or purchase
- Determine any existing issues
- So they can be managed appropriately
- Establish any barriers to growth
- To make an informed business decision
This service provides insurers, solicitors, intermediaries and investment managers with an in-depth, independent review to determine:
- Environmental legal compliance.
- Barriers to growth.
- Existing environmental clean-up liabilities that may be inherited.
This will help to determine the appropriate insurance cover for the business being purchased, and identify any mitigation or remedial measures and costs that will be required to continue operation.
An audit will usually begin with our experienced consultant meeting with key personnel within the organisation, progressing to a site tour and inspections. A review of relevant vendor-supplied information via the electronic data room will be undertaken, and the most common obvious concerns will be looked at. This includes land, air and water emissions, environmental permitting concerns, waste management, oil and chemical storage and statutory nuisances in addition to any site or organisation specific concerns.
A prepared report will give you a good idea of what is happening in a business or on a site, focusing on three broad areas:
- Legal compliance
- Barriers to growth
- Determination of clean-up liabilities and costs.
The report will also identify which issues, if any, need to be dealt with soon, and our risk and liability management service can help you address these and ensure your new business or site continues to remain legally compliant.
Part of the Environmental Due Diligence Audit will include a Desktop Review of Data Room. In this section of the audit, our experienced expert will analyse:
- General information on the business activities, products or services – to facilitate an improved understanding of potential environmental effects
- Disclosed information on any environmental issues
- Financial provisions – to confirm previous budgetary allowances for environmental capital expenditure, and future projections for any identified environmental issues
- Relevant contractual arrangements, particularly lease agreements (depending on the nature of the business) in conjunction with legal advisors – to confirm potential exposure on environmental liabilities
- Proposed SPA provisions, including environmental indemnities, warranties and disclosures, where necessary
A full review of this information will ensure that you are fully informed regarding any disclosed or potential environmental issues and the possible legal and financial implications.
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