Corporate transactions

Legal advice in relation to corporate transactions requires a commercial assessment of the target's actual or contingent environmental risks and liabilities, including:

  1. potential impact on the value of assets (eg remediation or other clean-up costs)

  2. operational risks (eg enforcement action for non-compliance or the transfer, suspension or revocation of an environmental permit or other necessary licence)

  3. consequential costs of compliance (eg upgrades to plant and equipment)

  4. reputational risks (eg pollution incidents or perception of poor environmental or sustainability performance adversely affecting share prices)

The scope and extent of environmental due diligence depends on:

  1. nature of the transaction (eg share purchase, asset sale, merger or acquisition)

  2. client (eg buyer, seller, lender or guarantor)

  3. value of the transaction

  4. amount of properties and whether freehold or leasehold

  5. type of business activities (eg manufacturing or offices)

  6. materiality threshold, below which risks and liabilities are not explored or reported on

  7. location of the target and/or assets (eg UK or abroad)

  8. type of due diligence required (eg high-level draft, full report, certificate of title)

  9. timeframe

  10. confidentiality/market sensitivity of the transaction

Environmental ...

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