You find buy-sell agreements everywhere. The Memphis Grizzlies NBA franchise was recently in the news when minority franchise owners invoked the agreement. Read more about what type of buy-sell agreement is present and how this type of agreement operates.
Over the last 35 years or so, I’ve testified, at deposition or trial, about 200 times.
And so, I confess. My 10 “confessions,” though, do not reveal any startling secrets, but they do provide insight into how one (reluctant) expert views the job of expert witnessing after many years in the trenches.
When most people think about buy-sell agreements, they think about shareholders and companies entering into agreements. However, corporations also enter into buy-sell agreements.
One day a number of years ago, I received a call from an attorney. On that initial call, he told me about a bizarre buy-sell agreement process that was underway. The attorney represented a company. Based on a buy-sell agreement of some age, an option provided by the agreement had been triggered, and one of the companies had the right to acquire the company at its fair market value.
We celebrate the 20th anniversary of the Quantitative Marketability Discount Model (QMDM) in this post.
Several years ago, I wrote about the most recent appellate level case in Kentucky (Shawnee Telecom Resources, Inc. v. Kathy Brown) addressing the question of statutory fair value in Kentucky. Given several recent conversations with Kentucky clients, a revisit of that case seems appropriate.
I’ve said many times that, if you are so foolish as to have a fixed price buy-sell agreement, it is necessary to reset the price on a regular basis. What I should have said is that if the price on a fixed-price buy-sell agreement is reset regularly, it is absolutely necessary that it be a price that is appropriate for all shareholders, whether they are future buyers or sellers under their agreements.
A long-time friend, William [not his real name], an experienced business appraiser, called me to relay a true story about how one buy-sell agreement went really bad for his family.
Today I’m sharing the video, Corporate Finance Basics for Directors and Shareholders, as well as the transcript from the video. In the presentation, Travis W. Harms, CFA, CPA/ABV, senior vice president of Mercer Capital, offers a short, yet thorough, overview of corporate finance fundamentals for closely held and family business directors and shareholders.
Business owners are faced with three universal questions as they run their businesses. These questions are addressed by every business every year, one way or the other, directly or indirectly, consciously or unconsciously. This post addresses these three questions.
