Related Expertise
- Account collection
- Addition or departure of shareholders
- Bankruptcy and Restructuring
- Buy-Sell Agreement
- Change in the legal form of a company
- Commercial litigation (shareholders, employees or others)
- Company Book
- Consignment Contract
- Contract of partnership
- Convertible debenture
- Corporate reorganization and restructuring
- Corporate resolutions
- Creation of a subsidiary
- Director’s liability
- Drafting of articles of constitution
- Franchising
- Governance and Internal Management
- Implementation of a Tax Memo
- Intellectual Property
- Joint Venture Agreement
- Legal Publicity of Enterprises
- Management Company
- Planning and Tax Litigation
- Preparation and review of commercial leases
- Securities and access to public markets
- Share subscription agreement
- Shareholders Agreement
- Starting a business
- Strategic Partnership
- Taxation and tax litigation
- Term Sheet
- The Letter of Intent of the Offer to Purchase
- Trusts (estate and asset protection)
- Unfair competition, Duty of loyalty
When the time comes to sell shares, regardless of the context or the reason behind the sale, it is essential to know their value. Indeed, whether it is because of a death, the implementation of a first refusal clause, a mandatory offer clause, a right or obligation to follow clause, or any offer regulating the purchase and sale of shares, it is necessary to know how to calculate the value of the shares, at a given time.
The evaluation clause is a contractual term that meets this need, i.e., a section of the shareholders’ agreement can specify the valuation method to be followed in order to quickly and accurately calculate the value of the shares of each class according to the wishes of the parties. There are several techniques for valuing shares and it is therefore essential, when drafting the shareholders’ agreement, to consult a competent and multidisciplinary team that will be able to advise you at each decisive stage.
Several evaluation techniques, each with its own advantages and disadvantages, can be considered to determine the value of a company’s shares. The shareholders’ agreement may include the technique of the value agreed upon by the shareholders, the book value or the adjusted book value, or the market value established by a third party, just to name a few. With our expertise in the corporate sector, we can guide our business clients in the choice of the valuation method to be included in their shareholders’ agreement so that they opt for the method that best suits their legal and financial needs and interests.