KW Economics prepares business valuation for partnership and shareholder dispute cases venued in Puerto Rico: what the loss claim consists of, the records that drive it, and a present value built to Puerto Rico damages rules and venues. Plaintiff and defense.
In a partnership or shareholder dispute the valuation turns on the valuation date, the standard of value, and any buyout formula in the operating or shareholder agreement. The economist reviews the agreements to fix those terms, normalizes the financial statements for owner compensation, related-party transactions, and non-recurring items, and values the interest using the income, market, and asset approaches as the facts support. Because a fair value standard may exclude the minority and marketability discounts that fair market value applies, the report states the standard used and can show the result under the alternative so the difference is quantified rather than argued.
Valuation of closely held businesses and ownership interests for shareholder and partnership disputes, divorce, estate and gift matters, and buy-sell disagreements. The work applies the income, market, and asset approaches under the standard of value that governs the matter, addresses discounts for lack of control and marketability where they apply, and documents every input so the conclusion can be tested on cross-examination.
The valuation date and the standard of value control the result: a fair value standard may exclude the minority and marketability discounts that a fair market value standard applies, and the gap between the two can be substantial for a minority interest in a closely held company. Normalizing adjustments to owner compensation and related-party dealings often decide whether the business shows earnings to value at all. Where the claim includes diverted profits, the amount depends on how far back the records permit reconstruction and on whether the business's actual results can be separated from market conditions.
Puerto Rico's rules of evidence follow the federal model for expert testimony: the court asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by naming its sources and tying each assumption to the record, in the language the court requires.
Highest court: Supreme Court of Puerto Rico (Tribunal Supremo de Puerto Rico).
Federal venues: District of Puerto Rico.
Puerto Rico's civil-law system reduces recovery in proportion to the plaintiff's share of fault in a negligence-based claim. Interest can be imposed on the award when a party is found to have litigated with obstinacy, and interest on a sum owed under a contract follows the civil code's rules on delay, which counsel confirm for the specific claim. Private-party damages are not subject to a general statutory limit, so the report states each loss as of a fixed date and separates past from future amounts.
We issue the final report and provide deposition and trial testimony and critique of opposing valuation reports.
In a partnership or shareholder dispute the valuation turns on the valuation date, the standard of value, and any buyout formula in the operating or shareholder agreement. The economist reviews the agreements to fix those terms, normalizes the financial statements for owner compensation, related-party transactions, and non-recurring items, and values the interest using the income, market, and asset approaches as the facts support. Because a fair value standard may exclude the minority and marketability discounts that fair market value applies, the report states the standard used and can show the result under the alternative so the difference is quantified rather than argued.
Puerto Rico's rules of evidence follow the federal model for expert testimony: the court asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by naming its sources and tying each assumption to the record, in the language the court requires. Partnership and Shareholder Dispute cases venued in Puerto Rico are heard in the Court of First Instance (Tribunal de Primera Instancia) (General jurisdiction trial court of the Commonwealth, organized into Superior and Municipal divisions; hears civil and criminal matters), with final appeals to the Supreme Court of Puerto Rico (Tribunal Supremo de Puerto Rico). Matters within federal jurisdiction proceed in the District of Puerto Rico.
Puerto Rico's civil-law system reduces recovery in proportion to the plaintiff's share of fault in a negligence-based claim. Interest can be imposed on the award when a party is found to have litigated with obstinacy, and interest on a sum owed under a contract follows the civil code's rules on delay, which counsel confirm for the specific claim. Private-party damages are not subject to a general statutory limit, so the report states each loss as of a fixed date and separates past from future amounts. The report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the Puerto Rico rules to a documented figure.
Request a consultation on Business Valuation or call (201) 343-0700. Plaintiff and defense counsel.