Due Diligence Execution

Due Diligence Execution

In this video, Kate sets out the key elements of the due diligence investigation as well as the timing and extent of due diligence for different markets and different products. She further provides some insight into who is responsible for performing due diligence within banks. 
Overview

The goal of the due diligence exercise is to protect the issuer and the lead manager (or lead managers) against potential claims made by investors. The best defence is to show that, in preparing the prospectus, the issuer behaved prudently and that duty of care owed to investors was properly discharged.

Key learning objectives:

  • Understand the three elements that constitute due diligence

  • Understand the timing and extent of due diligence for different markets and different products

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Summary
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Expert
Kate Craven

Kate Craven

Kate is a senior member of ICMA and consults on various projects including the recent update of the Primary Market Handbook. Kate previously served as Director at Barclays Plc in the Legal Department. She was responsible for the team specialising in debt capital markets. Prior to joining Barclays, she served as Director at Merrill Lynch. Kate had started in the Transaction Management Group at Merrill Lynch International in 1993 before spending two years in Tokyo with Merrill Lynch Japan Securities. She later headed the team responsible for the documentation of syndicated Eurobonds and EMTN programmes. Kate became chair of the Legal & Documentation Committee of the ICMA in 2001 and was listed as one of the 8 top in-house lawyers in the 2001 edition of Chambers and Partners Index to Leading Lawyers.

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