What’s “fair” in shareholder disputes?
Abstract: The term “fair value” has many meanings. In this article, the focus is on its meaning in the context of a shareholder dispute. The article discusses how fair value is defined in this context in terms of appraisal rights statutes and the Model Business Corporation Act (MBCA), promulgated by the American Bar Association. It goes on to explain how valuators estimate fair value and address valuation subtleties that arise in shareholder disputes. A brief sidebar notes the helpfulness of sound buy-sell agreements in reducing shareholder conflicts.