Do you know how accounting expertise in determining assets works in corporate litigation?
Partial corporate resolution due to the departure, exclusion or death of one or more partners may lead to a lack of agreement between the parties, generating a lawsuit.
In situations like this, the parties can claim the value of their shares in the company (assets), so that payment can be made to the withdrawing partner, expelled partner or heirs of the deceased partner, in relation to their participation in the company.
The divergence of interests between the parties negatively influences the equity assessment process, as it tends to generate a dispute in measuring the company's value. On the one hand, the remaining partners have an interest in minimizing the value of the company to reduce the value of the assets to be paid to the dissenting partner and, on the opposite side, the withdrawing partner or his heirs seek to overvalue, in order to receive a greater volume of resources.
For an impartial assessment of a company, an opinion appropriate to the accounting concepts applicable to the resolution of the conflict between the parties is necessary. Therefore, accounting expertise is essential for determining assets, as this event requires a particular type of assessment of society.
What is the calculation of assets?
The verification of assets is a procedure that must be developed by an expert and his technical assistants, which aims to evaluate and measure the corporate interest of an excluded or deceased partner, contributing to the judge's decision-making.
The figure of the expert appears, in this context, as a facilitating agent, making up for the lack of technical knowledge and providing material for a more adequate understanding of the elements that influence valuation, both for the judge and for lawyers and litigating parties.
Once the assets of the withdrawing partner have been determined, they must be liquidated.
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