Together, Paul Hood and Tim Lee have tackled what so many have talked about for years but have been either unable or unwilling to do—present basic valuation theory along with practical lessons and tips to aid users of business valuation reports make sense of the report. A Reviewer’s Handbook to Business Valuation is a welcome addition to the business valuation profession.
When drafting your buy-sell agreement, understand that the other guy will not always be the first to die or to leave the company. It might be you. If you know you will be a buyer, then you would likely prefer to buy at the lowest possible price. If you know you will be a seller, then you probably would prefer to sell at the highest possible price. If you don’t know which you will be (and you likely do not) and you act rationally, you will desire pricing in the buy-sell agreement that is reasonable regardless of future outcomes.
… The biggest contribution of this book may lie in emphasizing the importance of crafting well-drafted, unambiguous, and comprehensive buy-sell agreements, put in place and reviewed periodically to avoid the unintended consequences.
“Who owns the stock after a trigger event?” is an important question. Many buy-sell agreements do not treat the continuing rights of ownership (or not) following trigger events in specific terms.
Rights of first refusal are used to maintain stock within specified groups of shareholders, and particularly with family businesses. This post explains their purpose in the context of buy-sell agreements.
Too often, buy-sell agreements are created and signed without adequate discussion among and between the owners (shareholders, partners, members, or joint venture participants). Why is this? It can be difficult to talk about difficult issues. So if your buy-sell agreement is flawed, and potentially a ticking time bomb, chances are you share much of the fault with your fellow owners.
Tom Deans has written an excellent book for all business owners and their advisers. The title is Every Family’s Business.
Most buy-sell agreements are, indeed, ticking time bombs. There are several reasons for this and this post lists eight.
A few factors have come together recently to make the timing perfect for financial advisors to read Christopher Mercer’s Buy-Sell Agreements for Closely Held and Family Business Owners: How To Know Your Agreement Will Work Without Triggering It. This is a book that fully explores the intricacies of buy/sell agreements and the potential dangers buried beneath the legalese in most of the agreements currently in place.
The International Valuation Standards Board (IVSB), a board of the International Valuation StandCards Council (IVSC) met in public meeting format on May 4-5, 2011 in London. Richard Berkemeier, ASA (machinery & technical specialties) and Chris Mercer (that’s me) (business valuation, of course) were attending and representing the American Society of Appraisers. While there was a […]
