BVU News and Trends October 2018
A monthly roundup of key developments of interest to business valuation experts.
D&P: Latest multiples in healthcare services
The S&P Healthcare Services Index increased 6.3% over the last month, outperforming the S&P 500, which increased 3.0% over the same period, according to the “August 2018 Healthcare Services Sector Update” from Duff & Phelps.
Can ESOP Appraisal Satisfy Charitable Contribution Reporting Requirement?
Court finds using ESOP appraisal to show “qualified appraisal” is a long shot to meet charitable contribution verification requirements because appraisal did not consider tax consequences or value shares individual petitioners donated, but petitioners may have reasonable cause defense.
Chrem v. Commissioner
Court finds using ESOP appraisal to show “qualified appraisal” is a long shot to meet charitable contribution verification requirements because appraisal did not consider tax consequences or value shares individual petitioners donated, but petitioners may have reasonable cause defense.
Stale Fairness Opinions in Related Party Transactions Should Be Updated
It is common practice for proxy statements to contain fairness opinions that are dated weeks (or months) prior to the mailing date. Typically, they are not reviewed in the interim, which can be a problem.
BVU News and Trends September 2018
A monthly roundup of key developments of interest to business valuation experts.
Common pitfalls to avoid in healthcare valuation engagements
In BVR’s recent webinar, Healthcare Valuation: Approaches to Value and Common Pitfalls, experts Nicholas Janiga and Fred Lara (both of Healthcare Appraisers) covered the most common pitfalls to avoid when working on a healthcare valuation engagement. Watch the clip on the issues that can arise in these types of engagements.
USPAP 2020-21 second exposure draft issued
The Appraisal Standards Board has issued a Second Exposure Draft of proposed changes for the 2020-21 edition of the Uniform Standards of Professional Appraisal Practice (USPAP).
Deal price vs. the DCF: Two new Delaware cases grapple with ‘transformed’ fair value landscape
With the landmark rulings in DFC Global and Dell, the Delaware Supreme Court has given its “full-throated endorsement” of market efficiencies by declaring the deal price (minus synergies) a strong indicator of statutory fair value, say two new statutory appraisal opinions from the Court of Chancery.
USPAP cited in IRS final regs on donations
The Internal Revenue Service (IRS) has issued final regs on valuing charitable donations that specifically cite the Uniform Standards of Professional Appraisal Practice (USPAP) of The Appraisal Foundation.
Healthcare valuation 101: Surgery center case study
In BVR’s recent webinar, Healthcare Valuation 101, Jim Lloyd and Kathryn Culver (both of PYA) presented a case study in which their client engaged them to value a controlling interest in a multispecialty surgery center. Keep reading for the key facts on the case and be sure to watch the webinar clip in which the presenters cover the case study in detail.
Delaware’s Unwarranted Assumption That Capex Should Equal Depreciation in a DCF Model
Delaware fair value proceedings have predominantly adopted the erroneous assumption that capital expenditures should equal the sum of depreciation and amortization in determining terminal value. Here’s an analysis of these flawed decisions.
BVU News and Trends August 2018
A monthly roundup of key developments of interest to business valuation experts.
In re Appraisal Solera Holdings, Inc.
In an appraisal proceeding, the Chancery finds the deal price minus synergies provides the best evidence of fair value; court says there was an efficient market and the sales process, though not perfect, was able to deliver the value generated in an arm’s-length transaction.
Delaware Chancery Says Reasonably Sound Sales Process Delivered Fair Value
In an appraisal proceeding, the Chancery finds the deal price minus synergies provides the best evidence of fair value; court says there was an efficient market and the sales process, though not perfect, was able to deliver the value generated in an arm’s-length transaction.
Blueblade Capital Opportunities LLC v. Norcraft Cos.
Chancery rejects deal price as indicator of fair value, citing problematic sales process, and rejects use of unaffected trading price, citing company’s lack of trading history; court instead relies on its own DCF analysis, drawing on the most credible aspects of each expert’s analysis.
Flawed Sales Process Has Chancery Revert to DCF to Determine Fair Value
Chancery rejects deal price as indicator of fair value, citing problematic sales process, and rejects use of unaffected trading price, citing company’s lack of trading history; court instead relies on its own DCF analysis, drawing on the most credible aspects of each expert’s analysis.
Delaware Chancery explains logic behind use of market price in Aruba case
After the petitioners in a statutory appraisal action recently lost big, they undertook a multifaceted assault on the Delaware Court of Chancery’s decision to use the unaffected market price as the indicator of value. Their motion for reargument went nowhere.
Delaware Chancery defends use of market price, citing recent high court rulings
A few months ago, in a statutory appraisal case, the Delaware Court of Chancery made news when it used the unaffected market price as the indicator of fair value.
BVU News and Trends July 2018
A monthly roundup of key developments of interest to business valuation experts.
Why keep up with fair value if you don’t practice in it?
Talking with some attendees at the recent NYSSCPA conference in New York City, we were discussing M&A, and someone was asked whether he had read the exposure draft on valuing contingent consideration, a Valuation for Financial Reporting (VFR) advisory that The Appraisal Foundation (TAF) issued.
Global BV News: TAF’s Bunton discusses USPAP-IVS link
In an interview, David Bunton, president and CEO of The Appraisal Foundation (TAF), was asked about the relationship between USPAP and the International Valuation Standards (IVS) and how TAF is equipping U.S. appraisers with the information they need to apply IVS.
Groundbreaking study debunks use of surveys for FMV of physician compensation
An article in an upcoming issue of hfm Magazine presents groundbreaking research and data analytics that challenge commonly held beliefs about survey data, physician compensation, and fair market value.
The Appraisal Foundation seeks board candidates
The Appraisal Foundation is currently conducting its annual search for qualified candidates to serve on the Appraiser Qualifications Board (AQB) and the Appraisal Standards Board (ASB).
Appraisal rights in M&A
In a recent presentation by attorneys from Cadwalader, it’s clear that appraisal rights continue to be an important topic in the M&A world.