1. If the business valuator experiences an inappropriate attempt to influence the valuation, the counterpart will be notified of this. It will also be documented in the valuation certificate. It is not allowed to tell the business valuator what you think the business is worth, or do something else that the business valuator considers an attempt to influence.
2. Payment is required before the valuation starts. Therefore, it does not matter which of the business partners that purchases the valuation, as it prevents any leverage by the payment. However, you get to meet us in person before the payment is required.
3. To counter influence by any party, no questions will be answered that was asked after the interview has finished. We encourage to ask as many questions as possible during the interview, and in the case that they cannot be answered immediately, we will still answer these questions after the interview has finished. It is only new questions that weren’t asked during the interview, that is not be answered. If the qualitative valuation was purchased, complete consulting will be given before, during and after the meeting (but not after the meeting has finished until payment is received).
Why valuations without anti corruption policy aren't trustworthy
Valuations without an anti corruption policy are as trustworthy as your opposing party’s lawyers. This is not to say that lawyers aren’t trustworthy, but this is to say it is the job of the lawyer to protect your interests and therefore also be biased. Lawyers typically don’t deny that they are there for you, and your legal needs, only. In some jurisdictions, it is even illegal for a lawyer to help or support the opposing party. However, when it comes to expert witness testimony, the expert is not supposed to be biased, even if he was brought there by someone biased. Most business valuations don’t end up in court, as they are instead used as the basis to negotiate a transaction. This negotiation however, may look somewhat similar to the negotiation that could take place in court. If the negotiation falls apart, the next step is usually to have your lawyers continue the negotiation. If that also falls apart, then the case is usually brought to court. Claims that a business valuation is biased, is one of the most common objections by the opposing party. Often, they are not wrong, and this is generally the reason why the negotiation fails. Down below are two fictive scenarios of how valuations without interview can be manipulated towards a higher value, or a lower value.
John Doe´s Art LLC is the life work of John and he is very proud of it, with his 25 years’ experience as a painter (of art). He has an art studio in Manhattan, but his business is barely breaking even, due to his low volume and expensive rent. This is despite him not having taken a salary since moving the studio out of his home, into Manhattan. An acquaintance of his, who is also very interested in art, has shown interest in buying into his business, with the condition of sharing his art studio. This is exactly what John would need, not only for his business to survive, but also for his dream to continue.
He brings in a business appraiser, but when the business appraiser starts asking questions about his financials, he gets defensive, trying to deflect the conversation back to his amazing paintings and the prime location. While it is indeed true that both of those increase the value, the financial numbers can never be overlooked in a business valuation. Once the valuation is done, and gets sent to John, he perceives that the business appraiser didn’t appreciate the amount of work that he puts into his art, nor that the business appraiser understood art. Therefore, he says that he is unhappy with the valuation, and the number that the business appraiser has reached, as it wasn’t the same number that he had wanted. He refuses to pay the invoice, until he gets the number that he believes that he deserves for his 25 years of experience of creating paintings. The business appraiser complies only to get it over with, and get paid.
John Doe Furniture Manufacturing Inc is a family owned business since 1948. The 8000 sq ft manufacturing plant has several new pieces of machinery, and is located on the family property. Since it is a manufacturing company, it is asset intensive. When Jane Doe files for divorce, he tries his best to shop around for a valuation that is as low as possible. While the morality of the legislation for marital dissolution might be a subject for another discussion, it doesn’t, or at least shouldn’t change anything when it comes to business valuation that isn’t corrupt. It is typically recommended for all business owners, regardless of gender and business type, to always get a prenuptial or postnuptial agreement that separates the business ownership. As John Doe shops around, he explains the situation and most business appraisers he talks to are able to feel his emotional attachment to his family business. None of the business appraisers want him to lose his business, nor any part of the business to be compromised due to any potential settlement.
John Doe eventually chooses a business appraiser, but when the valuation turns up “normal”, he disputes it, as he claims to disagree with the business appraiser. He says that he is unwilling to pay the invoice until they reach an agreement. The business appraiser eventually gets too emotionally involved with his client, and decides that he wants to save him from losing his business, while at the same point wanting to get paid himself. John Doe gets what he wants.