‘When’ Is an Important Question for Measuring Fair Value
Appraisal Rights
SEPTEMBER 18, 2018
In appraisal, across the majority of states–and those countries we have reviewed–the main question is the “fair value” of a petitioner’s shares. Some courts and commentators have mixed “fair value” with a similar but economically distinct term: “fair market value.” But even if everyone agrees on what fair value means, that does not mean the law is uniform as to when fair value is being calculated.
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