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Unit 12: Valuation of Shares




          4.   When the shares of a private company are sold or purchased.                      Notes

          5.   When the shares of such a company which is not listed on the stock exchange, are sold or
               purchased.

          6.   At the time of reconstruction of the company, if there are some dissentient members, to
               acquire the shares of such members, valuation of shares takes place.
          7.   For the purpose of capital gain tax, gift tax, wealth tax and court fees.

          8.   When compensation is paid by the government upon the nationalisation of the company.
          9.   On acquiring the loan from bank against the security of banks.

          10.   When many time the shares of trusts, finance and investment companies are valued.
          11.   When the shares of an Indian company are transferred by a non-resident.

          12.   Accounting to the standing orders of the court, valuation of shares takes place.

             

              Caselet   Properly Planned Family Limited Partnership

             How to Structure and Value Family Limited Partnerships

             A  significant  part  of  our  practice  addresses  the  value  of  minority  limited  partnership
             interests.  Properly  planned  with  an  appropriate  business  purpose  and  by  skilled  legal
             counsel, a family limited partnership can provide a vehicle for family asset management
             and  estate  tax  minimisation.  In  two  recent  cases,  we  valued  non-marketable  limited
             partnership or limited liability corporation interests with specific reference to the actual
             facts and circumstances of the partnership and operating agreements.
             Each family transferred between ` 8.0 and ` 12.0 million of assets to the Partnership / LLC,
             generally consisting of a portfolio of marketable securities, directly owned real estate and
             investments in other partnerships (real estate).
             ABA Approach and Solution

             Using  (i)  what  we  call  the  specific  factor  rating  system  benchmarked  to  established
             marketability  and  lack  of  control  studies;  (ii)  the  Mercer  Quantitative  Marketability
             Discount  Model  (“QMDM”);  (iii)  the  Kam/Schroeder  studies;  (iv)  Partnership  Profiles;
             and  (v)  other  published  studies,  ABA  provides  a  reasoned  and  reconciled  estimate  of
             the combined adjustment for differences in degree of marketability and control relative
             to  the  subject  minority  interest  being  appraised.  Essentially,  we  approach  the  problem
             from four different viewpoints and then synthesise and reconcile our final estimate with
             well-reasoned and documented opinion.
             In  each  case,  the  families  liked  the  concept  and  result  so  much  that  additional  assets
             were later contributed and the family limited partnership became the vehicle for estate
             management, asset transition and wealth transfer.

             In  our  experience,  a  reasoned  and  well-documented  appraisal  report  prepared  by  a
             qualified professional appraiser carries significant weight and is meaningful to the IRS. Our
             experience suggests that the range of the combined adjustment (discount) for differences in
             degree of marketability and control is from 40% – 52%. Of course, each circumstance and
             partnership is unique and should be evaluated as such.

          Source: http://www.businessval.com/resources/case_studies/planned_family_partnership.pdf



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