856.795.6026
  807 Haddon Avenue,
Haddonfield, NJ 08033
Phone: 856-795-6026
Fax: 856.795.4911

 

Search Our Site:


From Our Newsletters:

Non-Recurring Cash Flows Complicate Hesco Valuation

August 2014 | Issue 75 NON-RECURRING CASH FLOWS COMPLICATE HESCO VALUATION Patricia Laidler  (Petitioner) was a 10% shareholder of Hesco Bastion USA, Inc. (“Hesco”).  The remaining  90% interest in Hesco was owned by Hesco Bastion Environmental, Inc. (“Environmental”).  On January 26, 2012, Hesco was merged into Environmental. Pursuant to the terms of the merger, Petitioner [...] More...

Judge Stands By His Deal Price Valuation

June 2014 | Issue 74 Introduction In a recent Delaware dissenting shareholder case, Vice Chancellor Glasscock was called upon to perform an appraisal in order to determine the fair value of the stock of a company involved in a merger.  Instead of using the methods normally employed to perform such an appraisal, such as an [...] More...

Preferred Shareholders Prevail in Trados Transaction

April 2014 | Issue 73 Trados, Inc. was sold to another company for $60 million in July of 2005.  The sale proceeds were distributed as follows; Trados management received $7.8 million, preferred shareholders received $52.2 million and common stockholders received nothing. Certain common stockholders sued.  The story is told in a Delaware Chancery matter called [...] More...

Join Our Mailing List...

View our Library...

 

 
 

FAQs

Question – Is there a single standard of value that is used in business valuations?

Answer – No, there are a number of different definitions and standards of value that are used in business valuations. These standards arise out of the purpose and legal circumstances for which the valuation is being performed. For example, one commonly used standard of value is fair market value. This standard is used in most appraisals done for income and estate tax purposes. The definition of fair market value is “the price at which the subject property would change hands between a willing buyer and willing seller, when the former is not under any compulsion to buy and the latter is not under any compulsion to sell both parties having reasonable knowledge of relevant facts.”

Other standards of value include fair value and investment value.

Question – What is a discount for lack of marketability?

Answer – A discount for lack of marketability is a valuation discount applied in the valuation of an asset which the holder may have difficulty in selling because of such circumstances as a lack of an organized market place for the asset or some particular characteristics of the asset which make it more difficult to sell. The discount for lack of marketability is usually applied to a starting value which is based on a liquid market price, such as that found for publicly traded stock.

Question – What is a minority discount?

Answer – A minority discount is a discount applied in a business valuation to reflect the fact that the ownership interest being valued is a minority interest and thus lacks certain benefits that would be attributed to a controlling interest in the company being valued.

Question – What is goodwill impairment?

Answer – Goodwill impairment occurs when the value of the goodwill of a business unit declines to an amount less than the carrying value of the goodwill on the company’s books. With the adoption of SFAS 142 by the Financial Accounting Standards Board (FASB), audited companies are now required to test goodwill annually for impairment. This testing is done by valuing the business unit having the goodwill.

Question – What is a family limited partnership?

Answer – A family limited partnership (FLP) is a business entity established to hold business or financial assets of a family. FLPs provide a number of advantages including centralized asset management, protection from creditors, and the ability to apply valuation discounts to the partnership interests for estate and gift tax purposes.

Question – Does Hempstead & Co. provide expert witness services?

Answer – Hempstead & Co. is frequently called upon to provide expert witness services in connection with its valuation and economic damages services.

Question – Does Hempstead & Co. value intangible assets?

Answer – Yes, as part of its business valuation practice, Hempstead & Co. provides valuations of intangible assets. These intangible assets include goodwill, patents, trademarks, copyrights and other intangible assets.

Question – What is loss of business damage analysis?

Answer – When companies or individuals have been harmed through the action of another, they sometimes will seek to recover damages through legal action. Loss of business damage analysis is a financial analysis carried out to determine the amount of injury or damages suffered by the party which has been harmed. The concept of discounted cash flow is frequently applied in calculating such damages.

Question – What is a fairness opinion?

Answer – A fairness opinion is a report of a financial analysis of a business transaction. The focus of the analysis is to determine whether a particular transaction is fair from a financial standpoint to a specified party to the transaction. Fairness analyses are often used to insure the fairness of a transaction to a parties who are not directly involved in the negotiation of the transaction, such as shareholders or retirement plan beneficiaries. Fairness analyses are often commissioned by company directors and officers so that they may have the benefit of assurance from an independent outside party that a transaction is fair and may demonstrate that they have taken steps to assure others that the transaction is fair.