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Is “Fair Value” Always Fair?

Fair value provisions in articles of association A company’s Articles of Association often require shares to be valued “at fair value” variously by its auditor, an expert or someone recommended by the President of the Institute of Chartered Accountants in England...

Goodwill To All Men? Part 2

HMRC and trade related properties Owners of trade-related properties (“TRPs”) face a particularly difficult task in persuading HMRC that there is any goodwill attaching to a TRP on incorporation (see previous Newsdesk item “Goodwill to all men – part 1?” for a general...

It can be Taxing

Negotiating with HMRC The shares are valued, the tax return filed, job done? Not quite. The most exhausting, stressful and time-consuming phase of transactions involving shares in an unquoted company or the goodwill in an unincorporated business may be about to begin,...

How Much is my Company Worth?

The mysteries of share valuation revealed There can be many reasons why company owners may wish to obtain an opinion of the current value of their own shareholdings or of the company as a whole. Perhaps an unsolicited approach to purchase the company has been made. A...

Goodwill to all men – Part 1

Goodwill – what is it and who owns it? What is it?

When a company changes hands, the price paid consists of two basic elements: the net book value of its assets (“NBV”) and the premium over its NBV the purchaser is willing to pay to secure its business, often known...

Call an Expert Witness

The role of the expert witness explained The key difference between a lay witness and an expert witness is that the former can only attest to fact whereas the latter may give evidence based upon opinion gathered from knowledge and experience of a particular field or...