When is a judicial procedure needed for company valuation?
Parties may have a dispute regarding the value of a company, such as in cases of mergers, acquisitions, divorces or bankruptcies. In such situations, the judge needs to make a decision on the value, but is not a valuation expert. Therefore, the judge appoints a court-appointed expert to write a so-called expert report on the value. BrightOrange is regularly appointed by the court as such a judicial expert.
At BrightOrange, we try to avoid a court procedure as much as possible. We therefore offer an alternative: mediation. We guide the parties to come to a solution together.
BrightOrange assists in judicial procedures
BrightOrange specializes in company valuation. Therefore, we are frequently called upon as an expert to determine and substantiate the economic value. We act as judicial experts, party advisor or report reviewer.
1. Judicial expert
The judge appoints us to provide an independent, objective and neutral report on the economic value of a company. Our partners Leen van Hoogdalem and Peter Paul Buijsrogge are registered in the National Register of Judicial Experts.
2. Party advisor
A party to the process, such as a lawyer or tax party, appoints us as a party advisor to provide a report on the value. We defend the party’s position. The report or advice can be used in a legal procedure, or the lawyer of the process party may incorporate the advice in their process documents.
3. Report reviewer
BrightOrange can also review the valuation report of another specialist. Our valuation and judicial expert analyses the report prepared by another valuation specialist. During this review, we assess whether the report complies with the appropriate guidelines:
- Has the appropriate valuation method been used?
- Has the valuation method been used in the correct manner?
- Are the assumptions adequately motivated?
Why choose BrightOrange as a valuation specialist in legal proceedings?
Our partners are registered as forensic experts in the National Register of Forensic Experts. As a valuation specialist, we have been active in the field for years, which has given us extensive experience in both valuation issues and legal procedures. The requirements for an expert report hold no secrets for us. In a non-binding consultation, we are happy to explore how we can leverage our expertise for you.
Frequently asked questions about legal procedures
Is there an alternative to legal proceedings?
If both parties are willing to reach a solution together, a mediation process is a good alternative. This process is more efficient and cheaper than a court procedure.
How does an expert determine the value of a company?
There are various methods for calculating the value of a company, depending on the business and the situation. You can read more about this on our page about business valuation. In the case of a legal proceeding, the legal framework is very important. There may be specific conditions related to the parties’ conflict.
Can you also determine the value independently and impartially outside of court?
Yes, that is possible. For an optimal result for all parties involved, we analyse the value from a mutual perspective. This allows the parties to assess the value from multiple angles. It is important to ask questions with genuine interest and to clarify what is meant. Many conflicts are based on a misunderstanding, and by clarifying what the issue is and how it arose, we can sometimes better resolve the conflict in a “mediation-like setting” rather than through a court procedure.
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“I love working with passionate entrepreneurs to achieve the optimal result. It gives me energy to assist them in this important and emotional process. At BrightOrange, we work with a fine team of professionals, in which we complement each other well. In addition, I get the space to apply my interests and qualities on a daily basis when assisting the transactions.”
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