Checklist Legal
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Legal Due Diligence Checklist

A comprehensive legal due diligence checklist for M&A, fundraising, and partnership transactions. Used by corporate counsel and fractional GCs to organize document requests and surface deal risks early.

Legal due diligence is where deals get made or broken. This checklist organizes the full request list by category so nothing falls through the cracks — and gives you a clear picture of what the other side will want to see before you get to the table.

Corporate & Governance

  • Certificate of incorporation, articles, bylaws (all versions)
  • Cap table — current and fully diluted, signed by CFO
  • Board resolutions and meeting minutes (3 years)
  • Stockholder agreements, voting agreements, ROFRs
  • List of all subsidiaries and organizational chart

Financial

  • Audited financials or reviewed financials (3 years)
  • Most recent month-end management accounts
  • Tax returns (federal, state, international) for 3 years
  • Outstanding tax liabilities, disputes, or audits
  • Debt instruments, credit agreements, and guarantees

Intellectual Property

  • Patent portfolio: issued, pending, and abandoned
  • Trademark registrations and applications
  • Copyright registrations
  • IP assignment agreements from all founders and employees
  • Open source usage and license compliance audit
  • Material IP licensing agreements (in-bound and out-bound)

Contracts & Commitments

  • Top 20 customer contracts (MSAs, SOWs, order forms)
  • Material vendor and supplier agreements
  • Employment agreements for key personnel
  • Non-compete and non-solicit agreements
  • Real estate leases and equipment financing
  • Partnership and reseller agreements

Litigation & Regulatory

  • Pending and threatened litigation (all jurisdictions)
  • Regulatory correspondence and consent decrees
  • OSHA, EPA, and other regulatory filings
  • Insurance policies (D&O, E&O, cyber, general liability)