Extraordinary Circumstances Warrant Marketability Discount in Buyout

Business Valuation UpdateVol. 6 No. 10
Legal and Court Case Update
October 2000

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4899 Communications Services, NEC
517919 All Other Telecommunications
judicial dissolution
buy-sell agreement, fair value, breach of fiduciary duty, discount for lack of marketability (DLOM), going concern, minority shareholder
Advanced Communication Design, Inc. v. Follett (II)
615 N.W. 2d 285, 2000 Minn. LEXIS 417
August 3, 2000
US
State Court
Minnesota
Supreme Court
Stringer

Summary

In November 1999, the Minnesota Court of Appeals ruled, in a case of first impression in Minnesota, that a marketability discount should not be applied to determine the fair value of Brian Follett's one-third interest in Advanced Communication Design Inc. (ACD).

See Also

Advanced Communication Design, Inc. v. Follett (II)

Full Text of Court Cases
August 3, 2000

At issue is whether, in a court-ordered buy-out of a minority shareholder pursuant to Minn. Stat. § 302A.751 (1998), a marketability discount should be applied to the value of the shares.