In Mandatory Buyback, Indiana Appeals Court Disallows Use of Discounts

BVLaw
Court Case Digests
May 5, 2020
1389 Oil and Gas Field Services, NEC
237120 Oil and Gas Pipeline and Related Structures Construction
judicial dissolution, buy/sell agreement
discount for lack of control (DLOC), fair value, discount for lack of marketability (DLOM), fair market value (FMV), minority discount, minority interest, controlling interest, stock buyback

Hartman v. BigInch Fabricators & Construction Holding Co., Inc.
2020 Ind. App. LEXIS 183
US
State Court
Indiana
Court of Appeals
Wonch Valuation Advisors (third party valuation company)
Riley

Summary

In dispute about valuation of terminated shareholder’s minority interest, appeals court finds the trial court erred when it allowed discounts for lack of control and marketability; under controlling case law, discounts are inappropriate where the buyback is mandatory and to the controlling party.

See Also

Hartman v. BigInch Fabricators & Construction Holding Co., Inc.

In dispute about valuation of terminated shareholder’s minority interest, appeals court finds the trial court erred when it allowed discounts for lack of control and marketability; under controlling case law, discounts are inappropriate where the buyback is mandatory and to the controlling party.