Many companies- subsoil users are acquainted with environmental due diligence procedure. All possible profit and benefits of potential transaction are evaluated by analysis of all aspects of past, present and coming future of acquired business and revealing of any possible risks. Usually companies order Due Diligence from audit, law or engineering firms. This article covers performing of environmental due diligence by law firm and its comparison with environmental audit procedure in the Republic of Kazakhstan.
Due Diligence as a legal expert examination of the company is usually performed due to the planned acquisition of the enterprise, or foreign company that jointly with the examined company wants to enter kazakhstani market. Performance of complex examination of legal entities in the field of environmental protection or environmental due diligence is very actual nowadays, when many cities of Kazakhstan are in the environmental risk zone, that is reasoned by a number of enterprises polluting atmosphere, soil and water. This might be risky, since it is a possible subject of various sanctions from state bodies, if even minor violations of environmental legislation have been occurred.
Such environmental examinations can be performed as on small single areas, as well as on enormous chemical mining and industry companies with a lot of local and foreign equipment. The goal is to examine the current condition on its accordance to environmental requirements and find potential risks for executing the activity, including dangerous wastes.
Issues of risks – are issues of the agreements, how well and proper the agreements were drafted. By reviewing the agreements it is possible to determine and identify the risks that will influence to the cost of the company. The evaluation of environmental risks is the part of due diligence process. None of the international standards, documents on risks analysis and evaluation can be without environmental section.
Various aspects of the company's activity shall be evaluated and studied during environmental due diligence. There shall be performed the analysis of transactions on its accordance to the environmental legislation concluded by the company during at least last 5 years, revealed the existence of court cases and complaints, possibilities of bringing the company to the responsibility.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.