Divorce Proceedings Can Stall Operations, Distract Key Employees, and Require Expensive Outside Counsel. Here’s How Good Planning Can Mitigate the Costs. Solid legal counsel, pre- and post-nuptial agreements, shareholder agreements, confidentiality, and structured settlements can all ease the strain on a small business during a divorce proceeding, explains Jennifer A. Brand at the Fox Small Business Center. Find out the details.
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In Nebraska, Judge Considers: Should Damages be Limited to the Length of a Non-Compete Clause? The Supreme Court of North Dakota prefers the testimony of an accredited appraiser, a Tennessee court asks an expert witness to stick to the topic rather than allowing him to recommend an alternative legal remedy, and a Nebraska court considers whether damages should be limited to those incurred during the period of a non-compete agreement. Find out the details.
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Relative Levels of Equity and Debt Affect Risk and Cash Flow. This Has Substantial Impact on Amount Investors Will Pay. Matt Stelzman notes in the Chattanooga News TimesFreePress that the question that often arises in connection with a business valuation is whether the valuator should use the company’s actual capital structure or its anticipated future capital structure. A valuator might also use a prospective buyer’s capital structure or the company’s “optimal” capital structure. Which method is best depends on several factors, including the type of interest being valued and the valuation’s purpose. More:
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Today Individual Federal Gift Law Exemption is $5.12M. In Months it May Drop to $1M. Result: Surging Demand for Appraisals. Lou Carlozo at Reuters reports that faced with the possibility of the lifetime gift tax exemption dropping precipitously next year and the estate tax rate rising, wealthy individuals are rushing to transfer their assets to family members. More:
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Enterprise Value is a Perpetuity Concept, but Shareholder Level Values Depend on Expected Holding Periods. Here’s Why the Difference Matters. The conceptual logic regarding the income approach is difficult to refute, writes Chris Mercer on the Valuation Speak blog. What can cause expected cash flows to minority shareholders to be less than the expected cash flows of the enterprise? What can cause the expected growth in value, from the minority shareholder’s perspective, to be less than the expected growth in value for the enterprise from the viewpoint of a purchaser today? What factors create additional risks for minority shareholders, in…
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Recommended Valuation Process for Buy-Sell Agreements: Single Appraiser Chris Mercer tells how to set up a Buy-Sell Agreement for closely held and family businesses. He identifies three key procedures: Owners should select an appraiser for their business when they create the Buy-Sell, that appraiser should offer an initial baseline valuation for the Buy-Sell, and the named appraiser should continue to value the practice each year or two thereafter. Here’s why.
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Winning Skills and Strategies in Writing Exceptional Reports Tom Helling shows how to enhance your own reputation, build future business, and help clients solve problems in your written report. Key ingredients are careful logic, strong research, and good writing. Learn how to do it all.
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GuruFocus Adds New Valuation Tab to Site; New Feature Automatically Calculates DCF Valuation. What are Top 10 The Nasdaq Community site notes the appearance of a new Valuation tab at its GuruFocus web site. Learn about how DCF analysis works, why it’s considered a reliable method of analysis, and view some top current stock picks of an investor who uses the method:
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Wealth Managers: Proceed with Caution When Setting Up an FLP Once an esoteric way for families to centralize management of assets, the Family Limited Partnership (FLP) is becoming extremely popular this year, writes the New York Times. Why? Because of the scheduled expiration of the $5.12 million gift tax exemption at the end of this year. Still, setting up an FLP doesn’t make sense for all companies.
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In Palmerino v. Palmerino, the Massachusetts Court of Appealsconsidered whether a trial court erred in valuing the husband’s grocery store. The trial court’s approach had not included discounts—and went further to state that the income approach is preferable for valuation. Find out what the court decides! In Giaimo v. Vitale, the Supreme Court of New York considers the dissolution of a company called EGA Associates. The case involved the sale of 19 residential buildings in Manhattan, accusations of fraud during discovery hearings on fair value, and the applicability of proposed discounts for marketability and built-in capital gains.
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Capitalized Earnings: When are the Earnings Stabilized? When you’re doing a business valuation, should you use a Capitalization of Earnings/Cash Flows? Or should you use a Discounted Earnings/Cash Flow method? Here’s a rule of thumb: If the benefit stream will be constant over time, choose the Capitalized Earnings/Cash Flows. Richard Claywell explains.
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Case Law—State: American Ethanol, Inc. v. Cordillera Fund, LP In American Ethanol, Inc. v. Cordillera Fund, LP, the Supreme Court of Nevada is required to weigh in on fair market value. A lower court had judged that stockholders were fairly paid some $1.75M (about $3 per share) for American Ethanol at the time of the merger. American Ethanol appealed, claiming it was worth more. Part of its argument was that its appraiser—an unaccredited one—couldn’t be expected to perform sophisticated calculations, such as a discount for lack of marketability. Find out what the Nevada Supreme Court determines and why!
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The most highly anticipated IPO in history didn’t put on much of a show. Facebook closed today within decimal points of its opening price of $38. Even so, the company’s market cap is higher than McDonald’s or Pepsico. Espen Robak is the president of Pluris Valuation Advisors, where he studies and values private companies trading on the secondary market. Derek Thompson at The Atlantic talked to him this morning right as Facebook trading began. One of Robak’s first points was “The people who bought in the secondary market came in right around $44. Those shares are locked for 180…
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One of the problems with how financial institutions assess risk is that they rely on imprecise models. Financial News’ Shanny Basar reports that in fact, just a few days before JP Morgan announced its multi-billion dollar trading loss, James Montier,a member of the asset allocation team at fund manager GMO, gave a speech on The Flaws of Finance. In the speech, delivered on May 6 at the 65th Annual CFA Institute Conference in Chicago, Montier flagged up some of the key problems with the way financial institutions assess risk. These include the reliance on imprecise models and particularly the use of…
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Blame Disaster on Bad Inputs. Black-Scholes Works. The last few years have given us plenty of reasons to hate financial models. Models that promised to increase efficiency and manage risk became substitutes for common sense and justifications for greed. The real estate bubble was of course justified by them. Yet people at hedge funds and trading firms, using models to mint money, remain passionate believers. Another supporter is George Szpiro, a mathematician turned writer who recently released a book called Pricing The Future, about the history of the Black-Scholes equation, the most famous model in finance and the one that launched…
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Increased Scrutiny for Private Equity Valuations The U.S. Securities and Exchange Commission has started an informal inquiry of private equity firms, asking for a broad range of documents on how the funds value assets and who invests in them, reports Bloomberg’s BusinessWeek. The agency’s Los Angeles office last year sent letters to several firms asking for details on fund investments and the valuation of assets, as well as communication with clients, according to the copy of a letter obtained by Bloomberg News. Firms were asked to produce the documents by the end of last year. Private equity firms have come…
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How Divorce Can Affect Business Valuation Stanley Morganstern at the Ohio Family Law Observer reports that recent case in Ohio illustrates the difficulty of valuing business assets in a divorce. Courts should avoid “double dipping,” or counting a business’ income toward valuation and spousal support. Instead, judges are to separate current and future income from the business’ material assets before making the calculation. I previously discussed the issue of “double dipping” as it primarily pertained to the property nature and income component of retirement plans. As I mentioned, the issue is also relevant to business interests, particularly small business entities. The marital…
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Alphabet Soup AccountingToday‘s Danielle Lee writes that “A growing roster of professional designations fosters credential-mania,” among CPAs, and devotes an article to surveying some of the most popular credentials today, including those from NACVA: The CVA. The National Association of Certified Valuators and Analysts’ CVA credential does require a CPA license, along with coursework and an exam. Established in 1991, the credential is now held by more than 4,000 designees. The CVA is “extra important because the profession – valuating businesses – is in a constant state of change,” said Mark Morris, chair of NACVA’s valuation credentialing board. “New theories…
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Why Most Investors Don’t Measure Returns Correctly At the NY Times Bucks: Making the Most of Your Money blog, Carl Richards opines: There’s an old saying that you should take a look at your checkbook and your calendar to see what you really value as opposed to what you say you value, because the calendar and the checkbook never lie. Dollars and cents are easy to count in the checkbook. Happiness, on the other hand, isn’t a line item in the ledger. It’s much more difficult to say we’re happier today than yesterday because we coached our children’s sports team…
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More Feedback: Editor: I read the May 2011 QuickRead – “Tips for Valuators” concerning stub years. I have run into this issue several times and I have seen it misapplied many times and I am glad you wrote about the topic. I noticed two points in the article that I believe need further clarification. The first thing that I noticed in the article is that the PV factors need to be modified as well if you are discounting them using a stub year. The present value factors in the article are straight factors calculated using a mid-year discounting convention that…