The Mandate with our clients will only be concluded after we have exhaustively explored the specific needs of our clients with all interested parties. We dig until we get clear direction from the client’s needs before we create a Mandate.
Once we fully understand the client’s situation there can be tax considerations, personal family needs or estate planning needs that require approaching the project from a unique perspective which provides added value to client.
DML only enters into Mandates with clients once we are convinced there is a realistic expectation of achieving the client objectives. This will always require a review of the business in question and a clear focus of the individual needs of each of the owners, including;
1.
The corporate charter;
2.
The listing of the shareholders and their individual
holdings;
3.
Financial statements for the previous three (3)
years (minimum);
4.
Listing of all Directors and Officers;
5.
Past, present and anticipated litigation proceedings;
6.
Industry trends;
7.
Position of client’s company in its industry
in its relevant geographic area;
8.
Commitment by client’s principals to work
together cooperatively on achieving the desired
transaction; and
9.
Valuation of the business.
Mandate Terms and Conditions
Some of the essential terms and conditions that are in our typical Mandates for the sale or purchase of a business;
1.
Identifications of all parties to
the transaction;
2.
A detailed description of all the shares or
assets to be purchased or sold;
3.
Appointment of DML authorizing it to act on
behalf of the client;
4.
Term of Mandate;
5.
Compensation to be paid to DML for a successful
transaction; and
6.
Undertaking by client to provide to DML all
necessary current information.