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Due Diligence in Yangon, Myanmar primarily focuses on risk assessment during business transactions, especially contract negotiations, mergers, and acquisitions. It determines the people or entities with which you are planning to engage in business, understand their past performance, current business health and likely future scenarios. Beyond business transactions, due diligence law often extends into areas such as environmental, employment, and tax law, where a detailed review and compliance with existing laws and regulations are required.
Engaging a lawyer in the field of Due Diligence becomes paramount in several situations. These include complex business transactions like mergers and acquisitions, strategic partnerships, and large-scale investment. Additionally, if you are planning to engage in commercial activities that may have significant implications on the environment, labor, or tax, it would be best to seek legal advice to ensure fairness, transparency and legal compliance. Lawyers can also be crucial in dispute resolution if there are misunderstandings or disputes arising from due diligence investigation results.
There are various laws in Myanmar relevant to Due Diligence. The Myanmar Companies Law 2017 requires comprehensive due diligence for business transactions to ensure transparency and legal compliance. The Anti Corruption Law (2013) and Myanmar Investment Law (2016) do demand stringent due diligence checks to prevent corruption and fraudulent activities. In addition, the Environmental Conservation Law (2012) necessitates environmental due diligence in Myanmar.
In Myanmar, due diligence checks generally focus on evaluating legal, financial, commercial and environmental factors before any significant business transaction.
The length of a due diligence process greatly depends on the complexity of the transaction. Some may take a few weeks, while others could extend to several months. Engaging a qualified lawyer can ensure a timely and thorough due diligence process.
Skipping due diligence could expose you to potential legal and financial risks. It is highly recommended to conduct a thorough due diligence process for all significant transactions, regardless of the level of trust with the other party.
If due diligence is not conducted properly, it may lead to legal complications, financial losses, breach of contract, severe penalties and on severe cases, criminal charges.
Typically, due diligence in Myanmar is performed by a team of experts that may include lawyers, accountants, and industry specialists.
For additional information on due diligence in Myanmar, you may want to contact the Directorate of Investment and Company Administration (DICA), the Myanmar Investment Commission (MIC), or the Union of Myanmar Federation of Chambers of Commerce and Industry (UMFCCI).
Decide on the extent of due diligence you need based on your particular situations. For complex transactions, seek out legal professionals experienced in due diligence law in Myanmar. It is always best to have an initial consultation before progressing too far with your plans.
