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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10031
Experience:  30 years of corporate, litigation and international law
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Customer Question

I have exercised my appraisal rights against a company (that I also an employee) and disagree with the offer for my shares as they are discounting significantly for lack of marketability and minor shareholder status. Where can I read more about this and position my case to minimalize any discounts? Company is a FL corporation.
Submitted: 4 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 4 years ago.

bizlaw :

Here is an article in the FL Bar Journall that addresses the very question you are asking. I suggest you read the cases cited in the footnotes. Basically, if your corporation has less than 10 shareholders there is not discounting for lack of marketibility or minority status. http://www.floridabar.org/divcom/jn/jnjournal01.nsf/0/e6c13ab725ca5ed6852573db006eaab6?opendocument


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JACUSTOMER-egln9zve- :

I found this through google a long time ago. Was looking for more detailed answer regarding information or general strategies that would help me postion my case

bizlaw :

If you have less than 10 shareholders then you do not have the discount. If you have more then you have the discount. What you need is a business appraisal expert. You cannot offer testimony on the value of the business yourself unless you can qualify as such an expert. A valuation is an opinion. Opinion evidence is permitted only if the matter is something not within the ordinary knowledge of the common man. In that case experts can offer opinion testimony. So your effort is to find an expert to testify as to value.


If this answer is responsive to your question, please accept it. That is how we are compensated. It would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.



This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.


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