The Company Appraisal agreement is essential for businesses seeking professional valuation services in Canada. It is commonly used in scenarios such as mergers and acquisitions, tax planning, shareholder disputes, estate planning, or regulatory compliance. The document establishes the framework for conducting a thorough business valuation, incorporating Canadian valuation standards and methodologies while ensuring compliance with federal and provincial regulations. It details the responsibilities of both the valuation professional and the client company, including information requirements, confidentiality obligations, and delivery expectations. This agreement is particularly important as it provides legal protection for both parties and ensures the valuation meets professional standards required by Canadian authorities and regulatory bodies.
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1. Parties: Identification of the valuation firm and the client company
2. Background: Context of the valuation requirement and brief company overview
3. Definitions: Key terms used throughout the agreement including technical valuation terms
4. Scope of Services: Detailed description of the valuation services to be provided
5. Valuation Methodology: Agreed-upon approach and methods for conducting the valuation
6. Client Obligations: Requirements for information provision and cooperation from the client
7. Deliverables: Description of the valuation report and any interim deliverables
8. Timeline: Project schedule including key milestones and delivery dates
9. Fees and Payment Terms: Professional fees, payment schedule, and expenses
10. Confidentiality: Provisions for handling sensitive business information
11. Limitations and Assumptions: Scope limitations and key assumptions in the valuation
12. Professional Standards: Compliance with relevant professional standards and regulations
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. Termination: Conditions and process for early termination of the engagement
15. General Provisions: Standard legal clauses including governing law and dispute resolution
1. Regulatory Compliance: Required when valuation is for regulatory purposes or involves regulated entities
2. International Considerations: Needed when valuation involves cross-border elements or international standards
3. Specific Purpose Provisions: For valuations with specific purposes like litigation support or tax planning
4. Third Party Rights: When the valuation report may be used by or shared with third parties
5. Conflict Resolution: Detailed dispute resolution procedures for complex engagements
6. Insurance Requirements: Specific insurance provisions for high-value or high-risk valuations
7. Data Protection: Enhanced privacy provisions when handling sensitive personal data
8. Quality Review: Additional quality control procedures for complex valuations
1. Schedule A - Scope Details: Detailed description of the valuation scope and methodology
2. Schedule B - Required Information: List of documents and information required from the client
3. Schedule C - Fee Schedule: Detailed breakdown of fees and payment milestones
4. Schedule D - Project Timeline: Detailed project schedule with specific dates and milestones
5. Schedule E - Team Members: Key personnel involved in the valuation engagement
6. Appendix 1 - Valuation Standards: Applicable professional standards and guidelines
7. Appendix 2 - Assumptions and Limitations: Detailed list of assumptions and limitations
8. Appendix 3 - Report Format: Template or format requirements for the valuation report
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Professional Services
Manufacturing
Technology
Retail
Healthcare
Real Estate
Energy
Mining
Transportation
Agriculture
Construction
Telecommunications
Entertainment
Education
Relevant Teams
Finance
Legal
Corporate Development
Tax
Treasury
Risk Management
Compliance
Strategic Planning
Mergers & Acquisitions
Executive Leadership
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Corporate Development Director
Financial Controller
Business Valuator
Investment Banker
Mergers & Acquisitions Director
Tax Director
Corporate Lawyer
Finance Manager
Business Development Manager
Risk Manager
Compliance Officer
Treasury Manager
Strategic Planning Director
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