Introduction

You can be excused for coming to the topic of valuation, and in particular, relationship property (“RP”) valuations with a degree of intrepidation.

The science and art of business and company valuations defies the desire for easily implemented solutions and answers. Business and company valuations challenge minds within the business, academic and legal communities.

Overlying the complexity of issues to do with “ordinary” valuations of companies and businesses is the added complexity arising from RP requirements – Property (Relationships) Act 1976 (“PRA”), case law and issues which have not been judicially decided. These all present practitioners with a challenging cocktail.

Although it is not possible to turn you into an expert valuer in this seminar, it will be possible to explain basic valuation theory, principles and practices so that you can better perform your role as a lawyer in the field of RP law. Though the complexities and nuances of valuation are challenging, this overview will provide you with helpful insights and practical tips.

We will first consider financial statements. These indicate the state of health of an organisation measured in terms of profitability (per the income statement) and net asset position (balance sheet).

Next we outline the principles of valuation and explain the how these are applied.

Then we consider some specialist RP-related valuation issues including economic disparity and valuation of trusts, before finally offering some tips on how you might get the best from your expert.

This seminar deals with the valuation of businesses (whether the ownership structure is sole trader, partnership, company, trust or other form of ownership). It does not consider valuations of real property, plant and equipment or other such fixed assets.