Use this checklist to request, track, and review all documents and information needed for a comprehensive legal assessment of the carve-out entity. Adapt the list to local laws and industry specifics.
Corporate and Organizational
- Charter, bylaws, articles of association, and amendments
- Certificates of incorporation and good standing for every legal entity
- Current and historical organizational charts
- Minutes and resolutions of board and shareholder meetings for the past three years
Equity and Securities
- Stock ledgers and registers of members
- Warrants, options, convertible instruments, and shareholder agreements
- Restrictions on transfer, voting trusts, or proxy arrangements
- Regulatory filings related to prior issuances or repurchases
Material Contracts
- Customer agreements generating 5 % or more of annual revenue
- Top 25 supplier, manufacturing, logistics, and distribution contracts
- Joint-venture, partnership, and strategic-alliance agreements
- Non-compete, exclusivity, and most-favoured-nation clauses
Intellectual Property
- Patent, trademark, copyright, and domain-name registries
- IP licences (inbound and outbound) and escrow agreements
- Development, research, and joint-ownership contracts
- Evidence of infringement claims or opposition proceedings
Regulatory and Licensing
- Government permits, approvals, and operating licences
- Correspondence with regulators during the past three years
- Notices of violation, consent decrees, or remediation orders
- Upcoming licence renewals and application deadlines
Litigation and Disputes
- Docket of pending, threatened, or settled litigation
- Arbitration, mediation, and administrative-proceeding files
- Settlement agreements and releases
- Insurance coverage correspondence related to claims
Labor and Employment
- Employee census with roles, grades, and jurisdictions
- Collective-bargaining, works-council, and union agreements
- Standard employment, independent-contractor, and consultancy contracts
- Policies on overtime, leave, harassment, and disciplinary actions
Real Estate and Leases
- Deeds, titles, and survey reports for owned properties
- Facility, office, and equipment leases with amendments
- Zoning confirmations and building-code compliance certificates
- Environmental site assessments and remediation records
Environmental, Health, and Safety
- Permits for emissions, wastewater, and hazardous materials
- Audit reports, inspection notices, and incident logs
- Hazardous-substance storage and transport records
- Contingency and emergency-response plans
Tax
- Federal, state, and local tax returns for the past three years
- Transfer-pricing studies and intercompany-pricing agreements
- Outstanding assessments, audits, or deficiency notices
- Net operating losses, credits, and carry-forward schedules
Insurance
- Schedule of policies with coverage limits and deductibles
- Claims history and loss-run reports for five years
- Broker agreements and certificates of insurance
- Key-man, D&O, cyber, and environmental coverage details
Data Privacy and Cybersecurity
- Data-protection registrations and privacy-impact assessments
- Records of breaches, notifications, and regulator interactions
- Cybersecurity policies, penetration-test reports, and audit findings
- Cross-border data-transfer agreements and consent logs
Compliance and Ethics
- Anti-bribery, sanctions, export-control, and trade-compliance policies
- Whistle-blower reports and investigation summaries
- Code of conduct, training records, and certification logs
- Government-contract compliance documents, if applicable
Intercompany Arrangements
- Service-level agreements, management-fee schedules, and cost-sharing accords
- Intercompany loan agreements, guarantees, and cash-pool documentation
- Intellectual-property sharing or licensing within the corporate group
Transition Services and Post-Closing Obligations
- Draft TSAs with scope, pricing, and service-level terms
- Change-of-control, consent, or novation requirements embedded in contracts
- Obligations surviving closing, such as indemnities or earn-outs
Collecting and organizing these materials early enables rapid risk assessment, smoother negotiations, and fewer surprises during regulatory review and buyer diligence.
Request the Carve-Out Playbook
Table of Contents:
Table of Contents
1. Introduction and Overview
- 1.1 Purpose of This Playbook
- 1.2 Defining Carve-Outs (Divestitures)
- 1.3 Key Differences Between Carve-Outs and Other M&A Transactions
- 1.4 Common Drivers and Strategic Rationale for Carve-Outs
- 1.5 Overview of the Carve-Out Lifecycle
- 1.6 How to Use This Playbook
2. Strategic Considerations and Decision-Making
- 2.1 Evaluating the Carve-Out Rationale
- 2.2 Assessing Market Opportunities and Timing
- 2.3 Stakeholder Alignment and Governance
- 2.4 Risk Assessment and Mitigation Strategies
- 2.5 High-Level Financial Considerations
- 2.6 Sample Template: Carve-Out Feasibility Study
- 2.7 Checklist: Key Questions to Ask Before Deciding on a Carve-Out
3. Planning the Carve-Out Program
- 3.1 Establishing the Carve-Out Program Management Office (PMO)
- 3.2 Defining Scope and Objectives
- 3.3 Organizational Structure and Key Roles
- 3.4 Timeline Development and Milestone Planning
- 3.5 Resource Planning and Budgeting
- 3.6 Program Governance and Steering Committees
- 3.7 Tools and Templates: Carve-Out Project Charter and Planning Documents
- 3.8 Step-by-Step Guide: Setting Up the PMO
4. Financial Analysis and Preparation
- 4.1 Developing Carve-Out Financials (Pro Forma Statements)
- 4.2 Allocating Corporate Overheads
- 4.3 Working Capital Adjustments and Cash Management
- 4.4 Tax Implications and Structuring
- 4.5 Valuation Approaches for the Carve-Out Entity
- 4.6 Checklist: Financial Data Requirements
- 4.7 Template: Standalone Cost Analysis
5. Operational Separation and Target Operating Model (TOM)
- 5.1 Defining the Future State Organization
- 5.2 Critical Business Functions to Separate
- 5.3 Retained vs. Transitioned Capabilities
- 5.4 Cross-Functional Dependencies
- 5.5 Service Level Agreements and Transition Services
- 5.6 Template: Target Operating Model Blueprint
- 5.7 Step-by-Step Guide: Designing Your TOM
6. Legal and Regulatory Framework
- 6.1 Understanding Legal Entities and Corporate Structures
- 6.2 Regulatory Approvals and Filings
- 6.3 Contract Assignments and Renegotiations
- 6.4 Employee and Labor Law Considerations
- 6.5 Antitrust and Competition Law Considerations
- 6.6 Securities and Exchange Requirements (If Applicable)
- 6.7 Sample Template: Legal Due Diligence Checklist
7. Human Capital and Organizational Readiness
- 7,1 Workforce Mapping and Allocation
- 7.2 Talent Retention and Employee Engagement
- 7.3 Compensation and Benefit Alignments
- 7.4 Cultural Considerations and Change Management
- 7.5 Checklist: HR-Related Actions for Day 1 Readiness
- 7.6 Step-by-Step Guide: Conducting Workforce Transfers
8. Technology and IT Separation
- 8.1 IT Carve-Out Strategy and Guiding Principles
- 8.2 Inventory of Applications and Infrastructure
- 8.3 Data Migration and Security
- 8.4 Network and Systems Separation
- 8.5 Third-Party Vendor Contracts and Licensing
- 8.6 Checklist: Key IT Systems and Separation Activities
- 8.7 Sample Template: IT Separation Work Plan
9. Communication and Stakeholder Management
- 9.1 Communication Strategy and Governance
- 9.2 Internal Stakeholder Mapping
- 9.3 External Stakeholders: Investors, Clients, and Suppliers
- 9.4 Media Relations and Public Announcements
- 9.5 Message Alignment and Consistency
- 9.6 Change Management and Cultural Integration
- 9.7 Template: Comprehensive Communication Plan
10. Day 1 Readiness Planning
- 10.1 Defining “Day 1” Scope and Objectives
- 10.2 Critical Systems and Operational Checklists
- 10.3 Transition Services Agreements (TSA) Setup
- 10.4 Compliance and Regulatory Obligations
- 10.5 Business Continuity Plans
- 10.6 Template: Day 1 Checklist
- 10.7 Step-by-Step Guide: Ensuring Operational Continuity
11. Transition Services Agreements (TSAs)
- 11.1 Purpose and Structure of TSAs
- 11.2 Key TSA Terms and Service Level Definitions
- 11.3 Pricing and Cost Allocations
- 11.4 Governance and Conflict Resolution Mechanisms
- 11.5 Exit Strategy and TSA Sunset Provisions
- 11.6 Checklist: TSA Negotiation Points
- 11.7 Sample Template: TSA Master Document
12. Carve-Out Implementation and Execution
- 12.1 Integrated Project Plan for Separation
- 12.2 Managing Parallel Workstreams
- 12.3 Risk Management and Issue Resolution
- 12.4 Real-Time Reporting and Steering Committee Updates
- 12.5 Escalation Procedures and Decision Rights
- 12.6 Checklist: Weekly and Monthly Reporting Templates
- 12.7 Step-by-Step Guide: Project Execution Best Practices
13. Post-Close Stabilization and Operational Handover
- 13.1 Post-Close Governance and Operational Setup
- 13.2 TSA Management and Transition Offloading
- 13.3 Synergy Realization and Cost Management
- 13.4 Performance Tracking and KPIs
- 13.5 Revisiting the Target Operating Model
- 13.6 Checklist: Stabilization Milestones
14. Integration or Standalone Acceleration
- 14.1 Evaluating Long-Term Strategic Options
- 14.2 Standalone Strategy vs. Full Integration
- 14.3 Operational Maturity Roadmap
- 14.4 Value Creation Levers and Growth Opportunities
- 14.5 M&A Opportunities and Bolt-On Acquisitions
- 14.6 Checklist: Building Momentum Post-Carve-Out
15. Lessons Learned and Best Practices
- 15.1 Common Pitfalls and How to Avoid Them
- 15.2 Key Success Factors for Carve-Out Transactions
- 15.3 Industry-Specific Considerations
- 15.4 Checklist: Continuous Improvement for Future Carve-Outs