Forensic Assistance in Transactions 

• Preventing and resolving disputes over contract terms, completion accounts, warranties and related items
• Potential lack of clarity or transparency about the other party to the deal e.g. their background, track record and integrity
• Dealing with potential legacy issues around fraud, financial crime or corruption within the acquired business
• Complying with competition law or regulatory undertakings associated with the transaction

Pre-completion

• We have helped both buyers and sellers in the drafting of SPAs to provide reassurance over the clarity and suitability of the wording
• Our integrity due diligence team can gather in-depth public and non-public information on the background and track record of the other party
• Using our deep experience of investigating financial crime, we can help you to identify and respond to the risk of fraud, money laundering, bribery and corruption and related activity within the target business

Post-completion

• Should a dispute occur, we can advise you throughout negotiations and the resolution process.
• We can act independently to resolve disputes through an expert determination process.
• We can act as Monitoring Trustee where merger approval for the acquisition necessitates giving undertakings to a competition authority.
• Should allegations of financial crime and corruption surface post-completion, we can help you identify the facts, trace lost funds or assets, make recoveries and take appropriate action 

What's in it for you?

• Protect value of the deal through the price adjustment mechanism
• Know exactly who you are doing business with, thus informing your decisions and avoiding unnecessary surprises
• Deal with the threat of financial crime and corruption before it becomes a problem which costs you money and harms your reputation
• Resolve disputes without spending time, effort and money in court
• Ensure compliance with competition laws, saving yourself considerable time, money and business disruption

Why KPMG?

• We work closely with our Transaction Services, Corporate Finance and Private Equity colleagues to provide a trusted adviser role throughout the deal cycle
• We can bring in our global network of investigation, technology, actuarial, economics, risk and accounting professionals as necessary
• We have performed the Monitoring Trustee role on many of the largest global mergers including AOL/Time Warner and ExxonMobil