Why use this service? Lawyers

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Divorce is a stressful and often complex time. Getting a professional valuation of your clients' business is required when assets are being assessed and settlements agreed. Whether you are acting on behalf of the business owner or the owner's partner.

On the death of a family member who owned a business, it is important to have an independent valuation carried out on the deceased client's ownership. We work with you and the company accountant to provide a professional, comprehensive and independent valuation.

Unfortunately, disputes between shareholders and partners is all too common. If these cannot be resolved amicably, then one or more of the shareholders/partners may want to leave the business and redeem the value of their ownership. An independent valuation is required to ascertain what this is worth. Whether you are working on behalf of the shareholder or the company.

There are a number of advantages for holding company shares in trust. Although it may seem like a complicated way to structure ownership of a company, the benefits can be significant. 

Since the shares are legally owned by the trustee, there is scope for asset protection from third party creditors.  Trustees need to be careful to ensure that they act in the best interests of beneficiaries and act in good faith.

Due to the structure of a trust, a trustee can distribute income to the beneficiaries at their discretion, Therefore, if there are multiple beneficiaries, the trustee can select the beneficiary with the lowest marginal rate. This can be used to minimise tax obligations on assets that the trust holds, including company shares.

The structure of the trust allows for succession plans to be easily implemented. Control of the trust may be passed on to the next generation without triggering taxes such as capital gains or stamp duty. Understanding the value of the assets is key and a responsibility of the trustees.

The value of a company's shares forms part of the shareholders' estate value. It is important therefore to have an good understanding of what this value is when looking at estate and inheritance tax planning. 

There are many options to mitigate taxes and avoid unnecessary complications, getting the company's shares independently and professionally valued will help significantly with this process.

Clearly when a company is selling shares or business interests, it is important to have an independently assessed valuation carried out. This valuation can be used by sellers or potential buyers, to make sure that realistic offers are being made. Business Broker costs are typically high and usually commit sellers to selling the business with that Broker. 

If one of more Directors or shareholders is looking to retire there can often be disagreements over the valuation of their shares or ownership. An independent report on the valuation, audited by a Chartered Accountant can help balance the discussions to make this process easier and less contentious.

Professional businesses need to consider shareholder protection, key man assurance, directors and officers insurance, professional indemnity, trusts and other asset protections to cover them in case of business difficulty or litigation. Having the business independently valued is vital to ensure that this is done correctly.

Management Buy Outs and Management Buy Ins have become a popular succession route for owners looking to exit a business or parent companies wanting to dispose of a non-core business. These both require an independent valuation of the company.

Whether your client is borrowing for growth, cashflow, to buy assets, to acquire a competitor or consolidate other borrowing, knowing the value of their business pre and post this transaction will help with decision making and is often required by the lender.

Understanding the value of a business is important at any stage, but particularly when the owners are considering growth plans or an exit. Management teams often take a professional valuation as a base-line and then re-evaluate with their regular business planning events to chart the value increase of key strategies. 

To find out more or to discuss a potential client, please contact us.