INDIA INVESTIGATIONS
Practice Areas · Diligence & Investigations

Due Diligence on Indian Targets

Integrity due diligence on the founders, promoters and target of an Indian deal, within the deal timetable and under a Kovel letter from US counsel.
The representative matters below are drawn from more than eighty engagements I worked on during my tenure at a global investigations firm. They include over sixty investigations of Indian companies and more than twenty background investigations of promoters, directors and executives. About ten of them were pre-IPO integrity checks for one global investment bank, ahead of Indian listings and placements.

What this covers

In an Indian deal, the integrity risk usually sits with the founders and promoters, and sometimes with the target itself. Much of what shows that risk is in the legal record: court files, regulatory actions, and disputes that never reached the press. I read that record as a lawyer, alongside the usual investigative work, and the findings arrive within the deal timetable.

Public filings show a promoter’s other ventures, directorships and related-party dealings. A fuller picture comes from discreet inquiries with people who have dealt with the promoter before, such as former partners and lenders. The inquiries reach the smaller cities where many targets are based.

The work is instructed under a Kovel letter from the fund’s US counsel, an arrangement that brings the investigator’s work inside the lawyer’s privilege, so it can be protected from the start. The report is written so the deal team can decide whether to proceed, and on what terms. Where something serious turns up, a deeper investigation can follow as a separate engagement under counsel.

An engagement can cover:

Because the work is run from India, the fees suit mid-market deals. An engagement starts with a call about the target and the timetable. If you have an Indian target in view, do reach out and I will take a look.

Representative matters in this area

01

A Japanese investor’s first look inside an Indian conglomerate

A Japanese financial-services group, preparing a major commitment to a large, diversified Indian business group, needed the group and its principal examined, including their record, reputation and political exposure. The work ran in two phases: the public record first, then discreet source inquiries on what the record could not answer. Interim and final reports went to the client's investment committee.
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02

The clean report that let a buyout proceed

A global private-equity buyer, instructing through its US counsel, needed pre-acquisition integrity due diligence on an Indian technology business, covering the company, each subsidiary and the founders. Sources spoke well of management, and the record showed nothing that bore on the deal. The report was clean, and it rested on the same work an adverse finding would have needed.
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03

Pre-listing diligence on a public-sector issuer

Ahead of a public offering, the bank managing it needed an independent investigation of the public-sector issuer, and of the senior executives who would carry the offering. The company and the executives were investigated together, with findings reported to the listing timetable.
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04

An institutional investor’s window into an Indian unicorn

A North American institutional investor, weighing a position in a prominent Indian consumer-internet company, needed an independent view of the company and its founders within the deal timetable. The work covered structure and filings, litigation and regulatory checks, the founders' backgrounds, and press and market commentary.
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05

Background checks on a fund manager’s principals

Before deepening its relationship with a pan-Asian alternative-asset manager, a North American institutional investor had the manager's key principals investigated one by one, covering their records, business interests, litigation, and reputation among counterparties.
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06

Background check on a senior Asia executive

A US technology company asked for a records-only background check on its most senior Asia executive. The court, watchlist and media checks were clean. The check did find an early period of employment that his official biography left out.
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Identifying details in these accounts have been changed so that no client, subject or matter can be identified.
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