Federal Reserve Policy, Skyrocketing Interest Rates and Prospects of Recession: The Impact on the Valuation of a Closely Held Business.
A discussion with your forensic accountant or appraiser is warranted to determine how these changes affect a business valuation for matters filed prior to 2022 but have not yet been settled or fully adjudicated.
January 17, 2023 at 10:00 AM
9 minute read
The valuation of a closely held business is a complex issue, particularly when the valuation process arises in the context of a divorce proceeding. The complexity arises because the ownership in the business is not publicly traded and valuation relies on a number of factors and careful evaluation by a skilled appraiser. It is customary to use a forensic accountant who is certified as a business valuation appraiser to value a closely held company. The American Institute of Certified Public Accountants promulgates standards for valuation services and forensic accountants are obliged to adhere to these standards. The valuation is most certainly fact sensitive and will "depend[] upon the experience of the appraiser and the completeness of the information upon which his conclusions are based." Bowen v. Bowen, 96 N.J. 36, 44 (1984) quoting Lavene v. Lavene, 162 N.J. Super. 187, 193 (Ch. Div. 1978) (on remand from 148 N.J. Super. 267); see also Steneken v. Steneken, 183 N.J. 290, 297-98 (2005). In New Jersey the courts will look to the reasonableness of the valuation method in determining whether the valuation is admissible. Steneken, 183 N.J. at 297. The courts should consider "'proof of value by any techniques or methods which are generally acceptable in the financial community and otherwise admissible in court.'" Balsamides v. Protameen Chemicals, 160 N.J. 352, 375 (1999). The guiding principle in determining the value of a closely held business, in the context of a divorce, is to reach a fair value and subsequently a just division of the asset. See Steneken, 183 N.J. at 299.
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