Colorado Letter to Board of Directors - Fairness Opinion
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How to fill out Letter To Board Of Directors - Fairness Opinion?
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FAQ
Fairness opinions address the fairness of the purchase price in an anticipated transaction. They are not generally required by the SEC or by statute or law, but have been considered best practice since the case of Smith v.
Fairness opinions may also be included in proxy material provided to shareholders in charge of control transactions. The purpose of a fairness opinion is to provide an assessment of whether an offered price is fair.
In preparing a fairness opinion, the investment advisors must look at the price, the terms of the sale, and the consideration to be received vis-a-vis the market rate for a similar transaction. When reviewing transactions, analysts try to look at the terms from the perspective of the company's investors.
Some important steps in drafting the fairness opinion letter (FOL) include: Step 1: Identify the parties/companies to the transaction and the offer made, if any. Step 2: List the data available for the financial analysis. Step 3: Identify the appropriate financial model(s) based on available data.
The document is provided to the board of directors. It is an unbiased 3rd party analysis of the deal at hand. This is to protect the interests of the company, management, shareholders etc. Fairness opinions are filled with SEC and stored in the Qatalyst partners.
A Fairness Opinion Example Say that Company X has made an offer to purchase Company Z. As part of doing due diligence, the leadership board of Company Z decides to work with an objective advisory firm independent of the deal to obtain a fairness opinion.
Q: What's the difference between a fairness opinion vs. valuation? A: Both are important in a large transaction. Valuation though informs an actual transaction price, while the fairness opinion concludes how reasonable that price is.
A fairness opinion provides an independent, objective analysis of a proposed deal. After looking at pricing, terms and other considerations, the expert expresses a formal written opinion about whether the transaction appears to be ?fair? from a financial point of view to all parties involved.
