Due diligence is a critical process that must be executed with care and integrity. Its proper execution is essential to make informed choices. When this process is performed merely as a procedural formality, it fails to fulfil its core purpose. In certain cases, due diligence that is not just inadequate but deeply flawed or neglected is referred to as egregious due diligence.
Compliance in India has changed over the years. India’s regulatory universe is estimated to comprise 1,536 Acts, 69,233 compliances, and 6,618 filings. Keeping track and staying compliant is a big challenge that companies face these days. As compliance requirements have evolved, the approach has also changed. From traditional methods to technology-integrated models are being adopted to make the process easier.
Cross-border M&A is a powerful strategy for companies aiming to expand globally, access new markets, and unlock operational synergies. According to statistics by the Ministry of Industry and Commerce, India’s gross FDI inflows crossed US$1 trillion between 2000 – 2024. As the volume and complexity of such transactions increase, robust due diligence has become more critical than ever. It allows acquiring companies to thoroughly assess the financial, legal, and operational health of their target enterprises.
Employment related frauds have surged significantly with the rapid evolution of technology. This is validated by most studies and reports. A report by Data Security Council of India (DSCI), revealed that nearly 60% frauds in the IT and BFSI sector involved impersonation of employees or clients. Employment related fraud spans industries undermining overall organizational trust. To address these risks, organizations do recognize the importance of conducting in-depth screening of candidates but may not be as strict as needed as this process is seen as a cost.
Most professionals find compliance requirements complex, leading to increased challenges in adherence. India’s business ecosystem is governed by extensive regulations making timely interpretation crucial. While compliance fosters integrity and accountability complex record-keeping and low awareness create challenges, leading to exhaustion and frustration, which can be described as ‘Compliance Fatigue’.
Any unrest has an almost immediate effect on the economy, slowing down areas it impacts and creating ripple effects. The overall cost of violence in India, including activities by anti-social forces (ASF), was estimated at US$646 billion in 2020, representing ~6% of India’s GDP. Anti-social forces are groups engaged in unlawful activities that threaten public peace, individual rights, and the integrity of the legal system.
A recent report highlights that in the past couple of years 59% of Indian companies have reported experiencing financial or economic fraud, a figure that is 18% above the global average of 41%, and marks a notable increase from previous years. Against this backdrop, antecedents of the founding team, remains a critical factor when evaluating a startup.
Fraud has been a persistent threat since ancient times. One of the earliest known cases dates back to Greece in 300 BC, where Hegestratos attempted to deceive shipload insurers by sinking his boat and keeping the cargo. While he drowned in the process, this highlights that fraud is not a new phenomenon.
Employees are a crucial asset to any organization, as their skills, talents, and abilities are fundamental to its success. There continue to be, however, growing instances where employees exploit their positions for personal gain at the expense of their employer.