Business OS
Legal AgreementsDue Diligence

Assumption of Risk on Proposed Name

This document serves as a formal acknowledgement and assumption of risk by a business entity regarding the use of a proposed name, particularly when there are potential legal or operational challenges identified during due diligence. It is used to record the decision to proceed despite these risks.

Updated 15d ago
risk managementdue diligencename registrationlegal compliancebusiness operationscorporate governance

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Date

{{date}}

Subject: Assumption of Risk for Proposed Business Name - {{proposed_name}}

This document confirms that {{company_name}} (the 'Company') has conducted due diligence regarding the proposed business name, '{{proposed_name}}' (the 'Proposed Name').

Acknowledgement of Risks

The Company acknowledges that during the due diligence process, the following potential risks and concerns related to the use of the Proposed Name were identified:

1. {{risk_description_1}}

2. {{risk_description_2}}

3. {{risk_description_3}}

These risks may include, but are not limited to, potential conflicts with existing trademarks, trade names, or registered business names, the possibility of legal disputes, reputational damage, and costs associated with rebranding or name change in the future.

Decision to Proceed

Despite the identified risks, the management of {{company_name}} has carefully evaluated the circumstances and, after due consideration, has decided to proceed with the use and registration of the Proposed Name, '{{proposed_name}}'. This decision is based on (select all that apply):

☐ The belief that the identified risks are manageable or low probability.

☐ Strategic business advantages outweighing potential risks (e.g., market recognition, brand fit).

☐ Specific mitigation strategies put in place to address the risks (details below).

☐ Legal advice indicating a low likelihood of successful challenge.

Mitigation Strategies (if applicable)

The Company commits to implementing the following strategies to mitigate the identified risks:

1. {{mitigation_strategy_1}}

2. {{mitigation_strategy_2}}

3. {{mitigation_strategy_3}}

These strategies may include, but are not limited to, proactive monitoring of trademarks, securing relevant legal opinions, or developing contingency plans for alternative branding.

Indemnification and Release

By signing this document, the undersigned hereby acknowledge and confirm that the Company, its directors, officers, employees, and agents are released from any and all claims, liabilities, losses, damages, costs, and expenses (including legal fees) arising directly or indirectly from the decision to proceed with the Proposed Name and the occurrence of any of the identified risks.

Governing Law

This Assumption of Risk document shall be governed by and construed in accordance with the laws of {{country}}.

Signatures

___________________________________

Name: {{authorised_signatory_name}}

Title: {{authorised_signatory_title}}

For and on behalf of {{company_name}}

Date: {{signature_date}}

___________________________________

Witness Name: {{witness_name}}

Witness Signature:

Date: {{witness_date}}

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