Current ESOP Fiduciary Issues. Ohio Employee Ownership Center Annual Conference Friday, April 29, 2011
|
|
- Julia Wilkins
- 5 years ago
- Views:
Transcription
1 Current ESOP Fiduciary Issues Ohio Employee Ownership Center Annual Conference Friday, April 29, 2011
2 Presented by: Robert E. Brown, Esq. Founding Partner Boylan, Brown, Code, Vigdor & Wilson, LLP 2400 Chase Square Rochester, NY Mark R. Fournier, CFA Director, Valuation & Financial Opinions Stout Risius Ross, Inc Greensboro Drive, Suite 600 McLean, VA Richard A. Schlueter, ASA President ComStock Advisors 1 Levee Way Suite 3109 Newport, KY rschlueter@comstockadvisors.com Neil M..Brozen, CPA Vice President & Managing Director BTC ESOP Services Bankers Trust Company of South Dakota 701 South Fourth Avenue, Suite 500 Minneapolis, MN nbrozen@bankerstrust.com 2
3 Who is a Fiduciary? An individual or entity is a fiduciary if they: (1) Exercise any discretionary authority or control with respect to management of the ESOP or exercise any authority or control with respect to the management or disposition of the assets of the ESOP; (2) Render investment advice as to the ESOP s assets for a fee or other compensation, direct or indirect, or have any authority or responsibility to do so; or (3) Have any discretionary authority or responsibility in the administration of the ESOP. ERISA 3(21) Examples: trustees, plan administrators, plan sponsors, and board of directors 3
4 Are there any Limitations? A person is a fiduciary with respect to an ESOP only to the extent that the person performs a fiduciary function. E.g., employers who are plan administrators are fiduciaries to the plan only when and to the extent they function in that capacity. Note: generally adoption, modification or termination of an ESOP is a non-fiduciary function of the employer. 4
5 ERISA Fiduciary Responsibilities (1) Duty to act solely in the interest of plan participants and their beneficiaries; (2) Duty to act prudently; (3) Duty to act in accordance with the plan documents; (4) Duty to diversify plan assets. 5
6 (1) Solely in the interest of plan participants & their beneficiaries. A fiduciary must discharge its duties solely in the interest of the plan participants & their beneficiaries for the exclusive purpose of; (a) Providing benefits to participants and their beneficiaries; and (b) Defraying reasonable expenses of administering the ESOP. ERISA 404(a)(1)(A) 6
7 (2) Duty to Act Prudently A fiduciary must discharge its duties with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. ERISA 404(a)(1)(B) 7
8 (A) Procedural Prudence Process used to make a decision Fiduciary must independently investigate; procedural due diligence (B) Substantive Prudence Good faith is not sufficient. a pure heart and an empty head is not enough The prudence of a fiduciary s actions are evaluated from the perspective of the time of his/her actions, and not with the benefit of hindsight. Armstrong v. Amsted, 2004 U.S. Dist. LEXIS (ND Ill 2004). 8
9 (3) In accordance with the plan documents A fiduciary must discharge its duties in accordance with the documents and instruments governing the plan, insofar as they are consistent with provisions of ERISA. ERISA 404(a)(1)(D) Fiduciaries must read & understand the following documents: Plan Trust Summary Plan Description 9
10 DOL Proposed Rule for the Definition of Fiduciary Current definition of fiduciary specifically excludes ESOP valuation firms. Proposed rule includes ESOP appraisers of closelyheld corporation within the definition of investment advisors who are subject to ERISA s fiduciary rules. Potential consequences of proposed rule: Fewer qualified ESOP valuators Increased costs for appraisals Companies may react to higher prices by not retaining other independent fiduciaries 10
11 DOL Proposed Rule for the Definition of Fiduciary Potential consequences (continued): Legal fees to plaintiff s firms (contingent fees) and defense fees will likely increase Transactions may artificially be restructured to avoid the rule Current state of proposed rule: Formal Prediction 11
12 DOL Proposed Regulation Proposed Regulation Benefits Discourage harmful conflicts of interest Improve service value Enhance DOL s ability to redress abuses and more efficiently allocate resources 12
13 DOL Proposed Regulation Proposed Regulation expands definition of fiduciary Would make valuation advisor a fiduciary Reverses 35 year old policy that maintained independent appraisers valuing closely held ESOP stock are NOT considered ERISA fiduciaries Proposed regulation states, a common problem identified in the DOL s recent ESOP national enforcement project involves the incorrect valuation of employer securities. DOL feels this will align the duties of individuals who provide such opinions with those of fiduciaries who rely on them 13
14 DOL Proposed Regulation The Proposed Regulation reverses a longstanding and widely accepted principle of law in the ESOP context 1976 DOL Advisory Opinion Fairness opinion in M&A transactions There is no evidence that conflicts of interest are prevalent in the marketplace for ESOP valuations Are biased appraisals a common problem? 14
15 DOL Proposed Regulation Fiduciary status for appraisers is inconsistent with Internal Revenue Code and professional appraisal practices Relationship between ESOP Trustee and appraiser becomes confusing 15
16 DOL Proposed Regulation DOL has not made the case that the Proposed Regulation would lead to improved service value DOL has not demonstrated poor service value $900 billion detriment to ESOP savings Incorrect or faulty valuations are not a chronic problem No underlying or empirical data ESOP valuation litigation Fear of being sued 16
17 DOL Proposed Regulation Imposing fiduciary status on appraisers would have far-reaching, adverse consequences Higher costs Less qualified appraisers Lower quality valuations Less ESOPs 17
18 Recommendations DOL withdraw Proposed Regulation Carve out valuations and fairness opinions for ESOPs Provide guidance on critical valuation issues Exclude annual valuations Expand seller s limitation to include providing valuation advice to sponsoring ESOP company 18
19 DOL Viewpoint DOL indicates that there are abusive appraisals in ESOP transactions Views transaction valuations as being influenced by the selling stockholder Fees paid (indirectly) by selling stockholder Appraiser motivated to obtain annual updates Indicates that currently there is no way to regulate appraisers by DOL Believes fiduciary status would allow DOL to regulate appraisers and would create a more level playing field 19
20 Impact of Proposed Regulation Fewer new ESOPs will likely be created especially for smaller companies The cost of existing ESOPs will increase ESOP litigation will likely increase would add appraisers as defendants litigation between appraisers and other plan fiduciaries over apportionment of liability Disruptions to your existing plan changes in the roles and responsibilities of service providers (trustee and appraiser) 20
21 Impact on Appraisers Increase risk of being included in a litigation as a fiduciary Require training to understand fiduciary duties Higher insurance costs due to adding fiduciary insurance coverage in addition to E&O coverage Some may choose not to do ESOP work to avoid being a fiduciary Some may be unwilling to work with internal trustees due to concern about co-fiduciary risk Will be represented by counsel especially in transactions Fees and expenses will increase Some may modify new business acceptance and report review procedures Could result in business combinations between appraisers and professional fiduciaries 21
22 Indemnification Due to recent court decisions there is a risk that fiduciaries may not be able to obtain indemnification from the plan sponsor Johnson v. Couturier If the appraiser is a fiduciary then only source of repayment, if liability is established, could be insurance or corporate assets Most appraisers are small businesses and do not have deep pockets 22
23 Other Issues No insurance for appraisers fiduciary risk currently exists. What happens if insurance has limited availability, high cost, or high deductibles? Uncertainty as to whether appraisals for ESOP updates would result in fiduciary status Likely loss of experienced appraisers to provide ESOP valuation and fairness services Service providers in which ESOP services represent a small percentage of their overall business Service providers that may not be able to afford insurance or choose not to be fiduciaries 23
24 Conflicting Roles of Appraiser Several of the requirements under the Code of Ethics of USPAP appear on their face to conflict with the duty of loyalty by a fiduciary USPAP Code of Ethics Appraiser must perform assignments with impartiality, objectivity, and independence and without accommodation of personal interest Appraiser must not perform his role with bias Appraiser must not advocate the cause or interest of any party or issue Appraiser must not accept an assignment that is contingent on a direction in assignment results that favors the cause of the client 24
25 Conflicting Roles of Appraiser Fiduciary A fiduciary is a person, committee, or organization that has agreed to accept legal ownership or control and management of an asset or group of assets belonging to someone else In spelling out fiduciary duties with regard to employee benefit plans, ERISA covers the duty of loyalty, the duty to use prudence, and the duty to comply with the plan The duty of loyalty means that fiduciaries must act in the best interests of the plan and its participants Plan fiduciaries are under an obligation not only to use their special skills and expertise, but also to engage qualified advisers and managers if they lack the expertise themselves 25
26 Conflicting Roles of Appraiser Internal Revenue Code the DOL proposal, if finalized, would on its face create a contradiction with Internal Revenue Code 401(a)(28)(c) A plan meets the requirements of this subparagraph if all valuations of employer securities which are not readily tradable on an established securities market with respect to activities carried on by the plan are by an independent appraiser Can a fiduciary who must act in the best interests of the plan and its participants at the same time be considered independent? 26
27 Alternative Solutions to Rule Require accreditation of appraisers by professional organizations Adopt rules and penalties similar to IRS Define independence requirements and finalize the proposed Adequacy of Consideration Regulation Withdrawal the proposed rule and continue with existing standards used over the past 34 years 27
28 Qualified Appraiser IRS defines the term qualified appraiser to mean an individual who (I) has earned an appraisal designation from a recognized professional appraiser organization or has otherwise met minimum education and experience requirements set forth in regulations prescribed by the Secretary, (II) regularly performs appraisals for which the individual receives compensation, and (III) meets such other requirements as may be prescribed by the Secretary in regulations or other guidance. 28
29 IRS Regulation Secretary of the Treasury may: (1) regulate the practice of representatives of persons before the Department of the Treasury; and (2) before admitting a representative to practice, require that the representative demonstrate A. good character; B. good reputation; C. necessary qualifications to enable the representative to provide to persons valuable service; and D. competency to advise and assist persons in presenting their cases. 29
30 IRS Regulation After notice and opportunity for a proceeding, the Secretary may suspend or disbar from practice before the Department, or censure, a representative who (1) is incompetent; (2) is disreputable; (3) violates regulations prescribed under this section; or (4) with intent to defraud, willfully and knowingly misleads or threatens the person being represented or a prospective person to be represented. 30
31 IRS Regulation The Secretary may impose a monetary penalty on any representative described in the preceding sentence. If the representative was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. Such penalty shall not exceed the gross income derived (or to be derived) from the conduct giving rise to the penalty and may be in addition to, or in lieu of, any suspension, disbarment, or censure of the representative. 31
32 BTC ESOP Services Provided ESOP trustee services since 1981 Experience: Transaction trustee for 75 ESOP transactions Discretionary or directed trustee for 55 ESOPs Will review 65 to 75 valuation reports a year Work with 20 valuation firms Approved list of ESOP valuation firms Will not accept engagement if valuation firm is not qualified
33 Selecting a Financial Advisor Independent (does not have a conflict of interest) Academic and professional qualifications Professional certifications (CFA, ASA, CPA/ABV) ESOP experience (# of annual updates and transaction per year) Industry experience Depth and capacity of firm Membership in ESOP organizations ESOP articles and speaking engagements References Timeliness/responsiveness Interviews Philosophy and approach Communication skills 33
34 Trustee s Principals for Valuation Trustee determines value, not the Appraiser Donovan vs. Cunningham Good faith is not sufficient A pure heart and an empty head is not enough Blind reliance of legal counsel Active involvement Process- define and follow Document 34
35 Johnson v. Couturier and Solis v. Couturier Retain appropriate independent appraiser (IA) and financial advisor (FA) Carefully investigate the IA and FA qualifications Make certain that reliance on the IA and FA's Opinion Letter, valuation report or other advice is reasonably justified under the circumstances 35
36 Johnson v. Couturier and Solis v. Couturier (continued) Cannot justify reliance on views of the IA and FA unless: - Read valuation report, Fairness Opinion or any other requested report or advice and supporting document - Identified, questioned and tested the underlying financial data and underlying assumptions - Verified conclusions are consistent with data and analysis - Verified that valuation report, Fairness Opinion or any other requested report or advice was internally consistent and made sense Hire additional expert support to assist the ERISA fiduciaries in understanding and addressing any problems with the valuation report, fairness opinion, or any other requested report or advice and supporting documents 36
37 Not defined Co-Fiduciaries Who s in charge Who is ultimately responsible for the investment decision Total or limited to valuation process May need a formal allocation of responsibilities May eliminate the role of the independent trustee Will undermine relationship between trustee and appraiser 37
38 Sources of Additional Info DOL Proposed Regulation aspx?docid=24328&agencyid=8&documenttype=1 DOL Hearings HearingTranscript2.html DOL Public Comments DOL Fact Sheet 38
39 Questions? 39
ESOP Feasibility and Valuation Basics
ESOP Feasibility and Valuation Basics Ohio Employee Ownership Center Akron/Fairlawn Hilton Fairlawn, Ohio April 21, 2006 Richard A. Schlueter rschlueter@comstockvaluation.com C VA 1 Levee Way, Suite 3109
More informationISSUE 1 Fourth Quarter, REALTORS Commercial Alliance Series HOT TOPICS ANSWERS TO CURRENT BUSINESS ISSUES TENANTS-IN-COMMON INTERESTS
ISSUE 1 Fourth Quarter, 2005 REALTORS Commercial Alliance Series HOT TOPICS ANSWERS TO CURRENT BUSINESS ISSUES TENANTS-IN-COMMON INTERESTS Tenants-in-Common The Parties, the Risks, the Rewards What Real
More informationTHE TENSION BETWEEN EXPERT WITNESSES AND COUNSEL
THE TENSION BETWEEN EXPERT WITNESSES AND COUNSEL 1 Paula K. Konikoff, JD, MAI, AI-GRS Michael Rubin, Esq. Rutan & Tucker Moderator Valeo Schultz, MAI Cushman & Wakefield 49 th Annual Litigation Seminar
More informationNew York Agricultural Land Trust
New York Agricultural Land Trust P.O. Box 121 Preble, NY 13141 www.nyalt.org New York Agricultural Land Trust Agricultural Conservation Easements and Appraisals Introduction An agricultural conservation
More information[Code of Federal Regulations] [Title 12, Volume 5] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access
[Code of Federal Regulations] [Title 12, Volume 5] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access TITLE 12--BANKS AND BANKING CHAPTER V--OFFICE OF THRIFT SUPERVISION,
More informationas Buyer(s) ("Buyer"), and
EXCLUSIVE BUYER AGENCY AGREEMENT [Consult "Guidelines" (Form 201G) for guidance in completing this form] This EXCLUSIVE BUYER AGENCY AGREEMENT ("Agreement") is entered into (), between as Buyer(s) ("Buyer"),
More informationSUBJECT: Unacceptable Assignment Conditions in Real Property Appraisal Assignments
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ADVISORY OPINION 19 (AO-19) This communication by the Appraisal Standards Board (ASB) does not establish new standards
More informationCode of Professional Ethics and Explanatory Comments
Code of Professional Ethics and Explanatory Comments Effective May 10, 2018 Copyright 2018 Appraisal Institute. All rights reserved. Printed in the United States of America. No part of this publication
More informationCHAPTER APPRAISAL MANAGEMENT COMPANIES
CHAPTER 43-23.5 APPRAISAL MANAGEMENT COMPANIES 43-23.5-01. Definitions. As used in this chapter, unless the context otherwise requires: 1. "Appraisal firm" means any person or entity that exclusively employs
More information2018 Requirements Manual An In-Depth Look at Changes to the Requirements
2018 Requirements Manual An In-Depth Look at Changes to the Requirements Executive Summary The Requirements Manual helps land trusts understand how the Land Trust Accreditation Commission verifies that
More informationOffice of the Comptroller of the Currency Federal Deposit Insurance Corporation Federal Reserve Board Office of Thrift Supervision
Office of the Comptroller of the Currency Federal Deposit Insurance Corporation Federal Reserve Board Office of Thrift Supervision Purpose Interagency Appraisal and Evaluation Guidelines October 27, 1994
More informationReal Estate Companies A Business Valuation Primer (Series 1)
Article Real Estate Companies A Business Valuation Primer (Series 1) May 2018 Families and organizations that own and operate portfolios of real estate make up a significant segment of MPI s clients. We
More informationAICPA Valuation Services VS Section Statements on Standards for Valuation Services VS Section 100 Valuation of a Business, Business Ownership
AICPA Valuation Services VS Section Statements on Standards for Valuation Services VS Section 100 Valuation of a Business, Business Ownership Interest, Security, or Intangible Asset Calculation Engagements
More informationIMPORTANT UPDATED ADVISORY ON TAX SHELTER ABUSE INVOLVING CONSERVATION DONATIONS
IMPORTANT UPDATED ADVISORY ON TAX SHELTER ABUSE INVOLVING CONSERVATION DONATIONS All Land Trust Alliance (the Alliance ) member land trusts adopt and commit to implement Land Trust Standards and Practices
More informationKANSAS LLC OPERATING AGREEMENT
LIMITED LIABILITY COMPANY OPERATING AGREEMENT (COMPANY NAME), LLC A Member-Managed Limited Liability Company KANSAS LLC OPERATING AGREEMENT THIS OPERATING AGREEMENT is made and entered into effective (Month
More informationSUBJECT: The Appraisal of Real Property That May Be Impacted by Environmental Contamination
1 ADVISORY OPINION 9 (AO-9) 1 2 3 4 This communication by the Appraisal Standards Board (ASB) does not establish new standards or interpret existing standards. Advisory Opinions are issued to illustrate
More informationAnatomy Of An Appraisal
Anatomy Of An Appraisal Leslie A. Fields The most important thing to know about an appraisal report is how to review and critique it. Leslie A. Fields a partner with the Law Firm of Faegre & Benson LLP,
More informationExposure Draft of Proposed Changes to ADVISORY OPINION 21 (AO-21), USPAP Compliance
TO: FROM: RE: All Interested Parties Barry J. Shea, Chair Appraisal Standards Board Exposure Draft of Proposed Changes to ADVISORY OPINION 21 (AO-21), USPAP Compliance DATE: February 22, 2013 The goal
More informationResponse to Department of Labor Proposal to Include ESOP Appraisers as Fiduciaries
The National Center for Employee Ownership 1736 Franklin St., 8th Floor, Oakland, CA 94612 Phone (510) 208-1300; Fax (510) 272-9510 E-mail customerservice@nceo.org Web www.nceo.org Response to Department
More informationReal Estate Appraisal Professional Standards
Real Estate Appraisal Professional Standards Summary This proposal is to amend the Florida Administrative Code (FAC) to allow a Certified Residential Appraiser or a Certified General Appraiser to use standards
More informationILLINOIS HOUSING DEVELOPMENT AUTHORITY APPRAISAL SCOPE AND GUIDELINES December 2015
ILLINOIS HOUSING DEVELOPMENT AUTHORITY APPRAISAL SCOPE AND GUIDELINES December 2015 As part of the Common Application for Multifamily Financing, the Illinois Housing Development Authority (IHDA) requires
More informationSource: Reg. Y, 55 FR 27771, July 5, 1990, unless otherwise noted.
Subpart G Appraisal Standards for Federally Related Transactions Source: Reg. Y, 55 FR 27771, July 5, 1990, unless otherwise noted. 225.61 Authority, purpose, and scope. (a) Authority. This subpart is
More informationBusiness Valuations in the Planned Giving Context
Business Valuations in the Planned Giving Context 38 th Annual Minnesota Planned Giving Conference November 4, 2014 Presented by: Richard C. Berning, CPA/ABV/CFF, CBA, CVA, ABAR, CMA Copyright 2014: Berning
More informationEXCLUSIVE BUYER REPRESENTATION AGREEMENT (BUYER AGENCY)
EXCLUSIVE BUYER REPRESENTATION AGREEMENT (BUYER AGENCY) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Broker/Firm: A Buyer's Best Choice
More informationESOP 201 The Deeper Dive
ESOP 201 The Deeper Dive 2017 TEA New England Chapter Spring Conference March 31, 2017 Tabitha Croscut, Esq. Devine Millimet & Branch, P.A. (603) 695-8542 tcroscut@devinemillimet.com John P. Murphy, ASA,
More informationAgency Duties. Objectives. Upon completion of this section the student should be able to:
Agency Duties Objectives Upon completion of this section the student should be able to: 1. Demonstrate how to create a dual agency relationship by separately entering into an agency agreement with both
More informationConservation Easement Appraisals. Applicability. Part I: Appraisal Concepts and Methods of Valuation
Conservation Easement Appraisals 2011 Wyoming Conservation Easement Conference June 2, 2011 Laramie, Wyoming Hunsperger & Weston, Ltd. Mark Weston 5889 Greenwood Plaza Boulevard Suite 404 Greenwood Village,
More informationINITIAL AGENCY DISCLOSURE PAMPHLET INSTRUCTIONS
INITIAL AGENCY DISCLOSURE PAMPHLET INSTRUCTIONS A licensed real estate broker or principal real estate broker is required to give a copy of an Initial Agency Disclosure Pamphlet to each consumer the broker
More informationQuestions to Ask of a Conservation Easement Appraiser (Before Retaining One)
As a Colorado landowner, are you thinking about donating a conservation easement to one of Colorado s certified land trusts or governmental entities? First, make sure the organization you select to hold
More informationAgency Disclosures, Sellers Disclosures & Disclaimers. Presented By Richard A. Mario
Agency Disclosures, Sellers Disclosures & Disclaimers Presented By Richard A. Mario Business and Real Estate Law Richard A. Mario Attorney at Law & Shareholder Admitted in Oregon & Arizona t 503.620.8900
More informationREAL ESTATE APPRAISAL SERVICES
Request for Qualifications and Proposals for REAL ESTATE APPRAISAL SERVICES Required by MISSOURI HOUSING DEVELOPMENT COMMISSION RESPONSES DUE: Friday, August 30, 2013 by 4:30 P.M. Central Time SECTION
More informationGuide Note 6 Consideration of Hazardous Substances in the Appraisal Process
Guide Note 6 Consideration of Hazardous Substances in the Appraisal Process Introduction The consideration of environmental conditions along with social, economic, and governmental conditions is fundamental
More informationBroadstone Asset Management, LLC
Broadstone Asset Management, LLC 800 Clinton Square Rochester, NY 14604 Phone: 585-287-6500 www.broadstone.com Firm CRD#: 281847 Date: March 29, 2018 This brochure provides information about the qualifications
More informationFact Sheet for Canadian Appraisers of Conservation Gifts with Cross-Border Tax Consequences
Fact Sheet for Canadian Appraisers of Conservation Gifts with Cross-Border Tax Consequences Introduction American Friends of Canadian Land Trusts (American Friends) is a U.S. 501(c)(3) publicly supported
More informationFlorida 8751 W. Broward Blvd. Suite 203 Plantation, FL O: F:
Florida 8751 W. Broward Blvd. Suite 203 Plantation, FL 33324 O: 954-424-4343 F: 954-424-1416 New Jersey 2001 Rte. 46 Suite 310 Parsippany, NJ 07054 O: 973-983-9790 844-TRUGMAN www.trugmanvaluation.com
More informationWednesday, August 8, 2012 Valuing Businesses: Working with Experts to Present Valuation Evidence in Business and Insolvency Contexts
Wednesday, August 8, 2012 Valuing Businesses: Working with Experts to Present Valuation Evidence in Business and Insolvency Contexts Latham & Watkins operates worldwide as a limited liability partnership
More informationCHICAGO TITLE INSURANCE COMPANY
CHICAGO TITLE INSURANCE COMPANY Nuts & Bolts of Title Insurance CHART: Relevant Ethics Opinions, Guidelines & Authorized Practice Opinions Regarding The Real Estate Closing Process in North Carolina NOTE:
More informationFORENSIC REPORT EXAMINER
WHAT CAN A DO FOR YOU? TELL YOU WHAT YOU DON T KNOW! ANTHONY F. MOLLICA, MAI, CRE, ASA 1601 Bethel Road, Columbus, Ohio 43220 (614) 459-1140 AFMollica@AOL.COM -1- ANTHONY F. MOLLICA, MAI, CRE, ASA The
More informationMacIntosh Real Estate School Colorado Course - Chapter 14
Chapter 14 - SHORT-ANSWER QUESTIONS ANSWERS 1. protect 2. competency, integrity 3. standing, interests 4. ethical standards 5. crimes, torts, crime, tort 6. 5, hearings, policy, licensing, complaints,
More informationESCROW DEPOSIT AND TRUST AGREEMENT
26085-06 JH:WJK:JAW 10/06/14 ESCROW DEPOSIT AND TRUST AGREEMENT by and between the SELMA UNIFIED SCHOOL DISTRICT and THE BANK OF NEW YORK MELLON TRUST COMPANY N.A., as Escrow Bank Dated, 2014 Relating
More informationNorth Carolina Board of Examiners for Engineers and Surveyors. Application Exam
1. The North Carolina Legislature has delegated the power and authority to control and to license engineers and land surveyors to: A. The Attorney General of North Carolina B. The North Carolina Secretary
More informationNATIONAL ASSOCIATION OF REALTORS Code of Ethics Video Series. Article 4 and Related Case Interpretations
Article 4 and Related Case Interpretations Article 4 REALTORS shall not acquire an interest in or buy or present offers from themselves, any member of their immediate families, their firms or any member
More informationPromoting Free and Open Competition
Promoting Free and Open Competition 1. How do I respond to Isn t this the rate that everyone charges? CREA, BCREA and your local real estate boards do not tell licensees how to run their businesses or
More informationValuation Issues and Divorce
Lori Wilhelmy, ASA 513.813.4134 LWilhelmy@ComStockAdvisors.com Valuation Issues and Divorce The valuation of a closely held business for divorce purposes is based on valuation theory, state statute and
More informationESCROW AGREEMENT. by and among HARBOR DEPARTMENT OF THE CITY OF LOS ANGELES. and. U.S. BANK NATIONAL ASSOCIATION, as Trustee and as Escrow Agent
NP Draft 6/25/14 ESCROW AGREEMENT by and among HARBOR DEPARTMENT OF THE CITY OF LOS ANGELES and U.S. BANK NATIONAL ASSOCIATION, as Trustee and as Escrow Agent Dated 1, 2014 relating to: Harbor Department
More informationMODEL CONSERVATION RESTRICTION AMENDMENT POLICY GUIDELINES Massachusetts Easement Defense Subcommittee March 6, 2007 PREAMBLE
MODEL CONSERVATION RESTRICTION AMENDMENT POLICY GUIDELINES Massachusetts Easement Defense Subcommittee March 6, 2007 PREAMBLE Because conservation restrictions are an important tool for permanently protecting
More information/ / FOR SALE $875,000 SALEM, OR BROADWAY STREET NE. Alex Rhoten OFFICE. Property Description
OFFICE FOR SALE $875,000 / / Property Description Two story office building built in 1972 totaling 9,938 SF. The 7,400 SF street level contains 3 main suites and has gated entry. The lower level of 2,538
More informationHow to Read a Real Estate Appraisal Report
How to Read a Real Estate Appraisal Report Much of the private, corporate and public wealth of the world consists of real estate. The magnitude of this fundamental resource creates a need for informed
More informationSHELBY COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS POLICIES & PROCEDURES
SHELBY COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS POLICIES & PROCEDURES TABLE OF CONTENTS FORWORD...3 BOARD OF DIRECTORS Eligibility...4 Term...4 Recall...4 Officers of the Board...5 Compensation...5
More informationGeneral Brokerage Terms and Conditions for Consumers
General Brokerage Terms and These are the general terms and conditions of the Dutch Association of Real Estate Brokers and Real Estate Valuers NVM (NVM). It sets out the rights and obligations of your
More informationDEPARTMENT OF THE TREASURY
DEPARTMENT OF THE TREASURY WASHINGTON OCT 3 0 2006 The Honorable Jon Kyl United States Senate Washington, DC 20510 Dear Senator Kyl: Thank you for your recent letter forwarding an inquiry from your constituent,
More informationFOR SALE $1,350,000 HAWTHORNE & ELLIOTT /1302 N. ELLIOTT RD / 2504 & HAWTHORNE DR., NEWBERG, OR
MULTI-FAMILY FOR SALE $1,350,000 Property Description Excellent Investment Opportunity. Centrally located in Newberg, Oregon near schools and shopping. Includes 4 Duplexes and 1 House on private street.
More informationFOR SALE / LEASE. Build to Suit. Lot Cascadia Industrial St SE Salem, Oregon
Lot 900 - Cascadia Industrial St SE Salem, Oregon Build to suit industrial space of approximately 15,000 SF located in South Salem s industrial area with easy access to I-5 and Highway 22. A great opportunity
More informationDEALING WITH APPRAISERS AND OTHER EXPERTS:
DEALING WITH APPRAISERS AND OTHER EXPERTS: Challenges In Professionalism, Ethics and Related Issues Charles N. Pursley, Jr., Esquire Pursley Lowery Meeks LLP 260 Peachtree Street, Suite 2000 Atlanta, Georgia
More informationIC Chapter 10. Real Estate Agency Relationships
IC 25-34.1-10 Chapter 10. Real Estate Agency Relationships IC 25-34.1-10-0.5 "Agency relationship" Sec. 0.5. As used in this chapter, "agency relationship" means a relationship in which a licensee represents
More informationPlease find attached a brief overview of our services and an informative review of Chase Group s SBA-compliant business valuation services.
THE CHASE GROUP - Business Brokers Mergers, Acquisitions, Financing & Valuation Services 41185 Golden Gate Circle, Suite 202 Murrieta, CA 92562 951.541.0414 tel 951.303.8157 fax www.chasegroup.us 2012
More informationHP0144, LD 165, item 1, 124th Maine State Legislature An Act To Supervise and Regulate Escrow Agents in Order To Protect Consumers
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. An Act To Supervise and Regulate Escrow
More informationThe Internal Revenue Service and Treasury Turn Up the Enforcement Heat on Abusive Tax-related Appraisals and Those Who Prepare Them
The Internal Revenue Service and Treasury Turn Up the Enforcement Heat on Abusive Tax-related Appraisals and Those Who Prepare Them By Jay Fishman, FASA, Bruce Bingham, ASA, and Peter Barash The Internal
More informationRent Control in Ontario A Boom or Bust for Landlords and Tenants?
Smart Decisions. Lasting Values. Rent Control in Ontario A Boom or Bust for Landlords and Tenants? Todd Christenson, BComm, Specialist, Tax Alan Wainer, CPA, CA, CPA (Illinois), Partner, Audit & Advisory
More informationPreserving and Protecting Business Capital
Preserving and Protecting Business Capital The benefits of a buy-sell agreement by frederick hopkins National Director Business Owner Planning john w. lindak, cfa, asa Vice President & Manager Business
More informationGENERAL ASSIGNMENT RECITALS
GENERAL ASSIGNMENT This General Assignment (the General Assignment ) is made as of the 6th day of December, 2016, by Pebble Industries, Inc., a Delaware corporation, with offices at 900 Middlefield Road,
More informationNON-EXCLUSIVE BUYER REPRESENTATION AGREEMENT (BUYER AGENCY)
NON-EXCLUSIVE BUYER REPRESENTATION AGREEMENT (BUYER AGENCY) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Broker/Firm: of Firm:
More informationPage 1 of 5 STANDARD 3: APPRAISAL REVIEW, DEVELOPMENT AND REPORTING In performing an appraisal review, an appraiser acting as a reviewer must develop and report a credible opinion as to the quality of
More informationQ&A with Tim Hauser of the U.S. Department of Labor
Emerging Trends Insights Best Practices Q&A with Tim Hauser of the U.S. Department of Labor Frank (Chip) Brown, CPA As part of a national enforcement project centered on ESOPs, the U.S. Department of Labor
More informationSUBJECT: Interagency Appraisal and Evaluation Guidelines
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM WASHINGTON, D. C. 20551 DIVISION OF BANKING SUPERVISION AND REGULATION TO THE OFFICER IN CHARGE OF SUPERVISION AT EACH FEDERAL RESERVE BANK SUBJECT: Interagency
More informationParagraph s 8, 9, and 10 from NACVA. Letter of October 27, 2016
Paragraph s 8, 9, and 10 from NACVA Letter of October 27, 2016 Re: Comments Regarding Proposed Treasury Regulation (REG. 163113-02) (to be used also as an Outline of Topics to be Discussed at the Public
More informationFOR SALE REDEVELOPMENT OPPORTUNITY 1919 & 1949 State Street Salem, OR PROPERTY DETAILS PROPERTY OVERVIEW
960 Liberty St SE #250, Salem, OR 97302 PROPERTY DETAILS PROPERTY OVERVIEW Buildings have been brought to shell condition with recent upgrades including new roof, new windows and new exterior paint. BUILDING
More informationBUSINESS VALUATIONS: FUNDAMENTALS, TECHNIQUES AND THEORY (FT&T) CHAPTER 1
Fundamentals, Techniques & Theory INTRODUCTION TO BUSINESS VALUATION BUSINESS VALUATIONS: FUNDAMENTALS, TECHNIQUES AND THEORY (FT&T) CHAPTER 1 REVIEW QUESTIONS 1995 2013 by National Association of Certified
More informationTo Receive CPE Credit
Successfully Defending Valuations During Estate & Gift Tax Exams Carol Lewis, CPA, ABV Partner Forensics & Valuation Services clewis@bkd.com October 8, 2014 experience expertise // Elevate your understanding
More informationCHAPTER BROKERS
Ch. 1029 BROKERS 52 1029.1 CHAPTER 1029. BROKERS Sec. 1029.1. Purpose. 1029.2. Use of broker. 1029.3. Use of attorney. 1029.4. Ineligible persons for broker certification. 1029.5. Broker registration.
More informationSalem/Brooks Commercial Retail/Office/Warehouse 9050 Portland Rd NE, Salem, OR 97305
c Retail/Office/Warehouse Great location: Portland Rd Frontage I-5 Access from Brooks Exit Perfect for Retail or Office/Showroom, Warehouse, Distribution or Storage Facility. Zoning CC: Community Commercial
More informationTioga County Board of Assessment Appeals Tioga County Courthouse 118 Main Street Wellsboro, PA 16901
Tioga County Appeal Procedures Rules Regulations 2008 (v.1.0) Tioga County Board of Assessment Appeals Tioga County Courthouse 118 Main Street Wellsboro, PA 16901 TIOGA COUNTY BOARD OF ASSESSMENT APPEALS
More informationCIC Approved Inspectors Register (CICAIR) Code of Conduct for Approved Inspectors
CIC Approved Inspectors Register (CICAIR) Code of Conduct for Approved Inspectors CICAIR Limited, 26 Store Street, London, WC1E 7BT T: 020 7399 7403 E: cicair@cic.org.uk Effective: 1 January 2017 (Previous
More informationReal Estate Agents Act (Professional Conduct and Client Care) Rules 2012
Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 Contents 1 Title 1 2 Commencement 1 3 Scope and objectives 1 4 Interpretation 1 5 Standards of professional competence 1 6 Standards
More informationAPES 225 Valuation Services
APES 225 Valuation Services [Supersedes APES 225 Valuation Services issued in July 2008 and revised in May 2012] Prepared and issued by Accounting Professional & Ethical Standards Board Limited REVISED:
More information2009 SESSION (75th) A AB Assembly Amendment to Assembly Bill No. 287 (BDR ) Proposed by: Assembly Committee on Commerce and Labor
00 SESSION (th) A AB Amendment No. Assembly Amendment to Assembly Bill No. (BDR -0) Proposed by: Assembly Committee on Commerce and Labor Amends: Summary: No Title: Yes Preamble: No Joint Sponsorship:
More informationThe parties, intending to be legally bound, hereby agree as follows:
Exhibit 2.4(c) Escrow Agreement ESCROW AGREEMENT This Escrow Agreement, dated as of, 199_ (the "Closing Date"), among, a corporation ("Buyer"),, an individual resident in, ("A"), and, an individual resident
More informationTitle 32: PROFESSIONS AND OCCUPATIONS
Title 32: PROFESSIONS AND OCCUPATIONS Chapter 124: REAL ESTATE APPRAISAL LICENSING AND CERTIFICATION Table of Contents Subchapter 1. GENERAL PROVISIONS... 3 Section 14001. SHORT TITLE... 3 Section 14002.
More informationTHE ART OF BUSINESS VALUATION
BUSINESS VALUATIONS GROWING THE ART OF BUSINESS VALUATION Douglas A. Michel, CPA/ABV, CVA & Alex E. Kummer, CPA, CVA, Clark Schaefer Hackett THE VALUE OF YOUR BUSINESS Steve Lumley, LGI CFO BUY SELL AGREEMENTS
More informationFOR LEASE River Road Retail Space
FOR LEASE River Road Retail Space 645 River Road - Eugene, Oregon 2,131 SF AVAILABLE OPEN FLOOR PLAN FACING RIVER ROAD HIGH CEILING WITH ABUNDANT NATURAL LIGHT ON-SITE CUSTOMER PARKING HIGH TRAFFIC COUNT
More informationU of O / Midtown Location - 5 Units Mixed Use
101 E. Broadway Suite 101 Eugene, OR 97401 eebcre.com FOR SALE 12th and High Street Eugene, Oregon CONTACT David Holland Licensed in the State of Oregon U of O / Midtown Location - 5 Units Mixed Use 4
More informationS 0168 S T A T E O F R H O D E I S L A N D
LC000 01 -- S 01 S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 01 A N A C T RELATING TO BUSINESSES AND PROFESSIONS - REAL ESTATE BROKERS AND SALESPERSONS Introduced By:
More informationJanuary 29, Florida Real Estate Appraisal Board 400 West Robinson Street, N801 Orlando, FL 32801
Francois K. Gregoire, IFA RAA Gregoire & Gregoire, Inc. Realtor - Appraiser 6285 25th Avenue North St. Petersburg, FL 33710 727-344-3393 francois@tampabay.rr.com January 29, 2018 Florida Real Estate Appraisal
More informationLicenses timely and properly renewed are valid for a period of 12 months (that is, until August 31, 2013).
JULY 2012 RE: APPRAISAL MANAGEMENT COMPANY LICENSE RENEWAL APPLICATION PROCEDURES The Appraisal Management Company License Renewal Application is attached. The license expires annually on August 31. Application
More informationSubscription Agreement
Subscription Agreement This Subscription Agreement (the Agreement ) is made and entered into by and between the Cambria Somerset Association of REALTORS (the MLS ), and an individual real estate agent,
More informationIFRS - 3. Business Combinations. By:
IFRS - 3 Business Combinations Objective 1. The purpose of this IFRS is to specify to disclose financial information by an entity when carrying out a business combination. In particular, specifies that
More informationMARKET VALUE BASIS OF VALUATION
4.2 INTERNATIONAL VALUATION STANDARDS 1 MARKET VALUE BASIS OF VALUATION This Standard should be read in the context of the background material and implementation guidance contained in General Valuation
More informationLandowner's rights. When the Crown requires your land for a public work. April 2010
Landowner's rights When the Crown requires your land for a public work April 2010 Image Goes HERE Landowner's rights when the Crown requires your land for a public work Land Information New Zealand April
More informationREAL ESTATE TOPICS JUNE 1, 2008 NEGOTIATING AND STRUCTURING JOINT VENTURE AND LLC AGREEMENTS
BENNETT VALLEY LAW REAL ESTATE TOPICS JUNE 1, 2008 NEGOTIATING AND STRUCTURING JOINT VENTURE AND LLC AGREEMENTS Parties negotiate joint venture agreements in the spirit of optimism. Anxious to combine
More informationTax Implications Of The Intellectual Property Valuation Process
Tax Implications Of The Intellectual Property Valuation Process Robert F. Reilly Robert F. Reilly is a managing director of Willamette Management Associates. He is a Certified Public Accountant, Accredited
More informationBUSINESS VALUATIONS UNDER CALIFORNIA CORPORATIONS CODE SECTION 2000
BUSINESS VALUATIONS UNDER CALIFORNIA CORPORATIONS CODE SECTION 2000 Prepared by: Business Valuation Section of the Litigation Sections of the March 2000 The information contained herein is protected under
More informationDUE DILIGENCE HEART OF A PRIVATE EQUITY TRANSACTION
DUE DILIGENCE HEART OF A PRIVATE EQUITY TRANSACTION DUE DILIGENCE: WHAT WHY WHO WHEN WHAT IS DUE DILIGENCE? Black s Law Dictionary defines Due Diligence as a measure of prudence or activity to be expected
More informationAla.Code A A-1. Short title.
Article 1.. Real Estate Appraisers. Ala.Code 1975 34-27A-1 34-27A-1. Short title. This chapter shall be known and may be cited as the Alabama Real Estate Appraisers and Appraisal Management Company Registration
More informationProfessionals Providing Real Estate Solutions
Professionals Providing Real Estate Solutions Professionals Providing Real Estate Solutions Decisions to invest in, buy, or sell real estate almost always focus on one question. Whether the transaction
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 731. Short Title: Community Assn. Commission/Fidelity Bonds. (Public) April 15, 2015
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION H 1 HOUSE BILL 1 Short Title: Community Assn. Commission/Fidelity Bonds. (Public) Sponsors: Referred to: Representatives Saine and Jeter (Primary Sponsors). For
More informationFOR LEASE. Professional Office. Rivergrove Offices Front Street NE Salem, Oregon
Professional Office Rivergrove Offices 2111 Front Street NE Salem, Oregon Multi-tenant office complex located just south of Pine Street NE along the Willamette River with stunning views. Includes plenty
More informationMany healthcare purchase and sale
Compliance Diligence in Buy-Sell Transactions Uncover and address risks to save the deal By Alice Harris, JD, Jennifer Malinovsky, JD, and Ed White, JD Due diligence can play a critical role in minimizing
More informationProposed Act to Amend The Life Leases Act, C.C.S.M. c. L130, and Consequential Amendments to The Residential Tenancies Act, C.C.S.M. c. R119.
An Act to Better Protect the Interests of Life Lease Tenants Brief Sept 20, 2015 Proposed Act to Amend The Life Leases Act, C.C.S.M. c. L130, and Consequential Amendments to The Residential Tenancies Act,
More informationLesson Eight: Clarifying Agency Relationships
Lesson Eight: Clarifying Agency Relationships Lesson Topics This lesson focuses on the following topics: Agency Relationships Disclosure Policy Understanding the Broker s Office Policy Lesson Learning
More informationTOWNSHIP OF NEPTUNE COUNTY OF MONMOUTH STATE OF NEW JERSEY REQUESTS FOR PROPOSALS/QUALIFICATIONS ALTERNATE PUBLIC DEFENDER NT
TOWNSHIP OF NEPTUNE COUNTY OF MONMOUTH STATE OF NEW JERSEY REQUESTS FOR PROPOSALS/QUALIFICATIONS ALTERNATE PUBLIC DEFENDER NT 2105-17 Sealed proposals will be received by the Township Clerk of the Township
More information