Ethical Dilemmas Posed During a Mineral Project Appraisal. Trevor R. Ellis, CPG, CMA Minerals Appraiser Ellis International Services, Inc.

Similar documents
History and Future of Minerals and Petroleum Valuation Standards Development Internationally

An International Perspective on U.S. Minerals Appraisal Standards Development

Chairman, Extractive Industries Task Force International Valuation Standards Committee

The International Valuation and Financial Reporting Standards Their Content and Effect on Us Trevor R. Ellis, CPG, CMA, CGA, FAusIMM

The U.S. Mineral Property Valuation Patchwork of Regulations and Standards

US Views on Valuation Methodology

Trevor R. Ellis, CPG, CMA, CGA, FAusIMM

Securing Investments through Appropriate Financial Reporting Application of IVSC and IASB Standards

Mineral Property Valuation Standards A US Perspective

International Valuation Standards & International Financial Reporting Standards - An Update

Comparable Mineral Properties A Widening of Meaning for Appraisals

TRUTH IN LENDING ACT - APPRAISER INDEPENDENCE REQUIREMENTS (TILA-AIR)

KRS 324A A.150 Definitions for KRS 324A.150 to 324A.164. Effective: June 25, 2013

IC Chapter 11. Appraisal Management Companies

Module Seven. Student Learning Objectives. After completing this module you should be able to


APPRAISAL MANAGEMENT COMPANY

Lessons learned about standards from applying both VALMIN and USPAP on a complex appraisal project

Conservation Easement Appraisals. Applicability. Part I: Appraisal Concepts and Methods of Valuation

SUBJECT: Unacceptable Assignment Conditions in Real Property Appraisal Assignments

New Appraisal Requirements Practical Advice on Compliance

AMC Track Presentation Austin Christensen Founder & CCO - Validox. Appraisal Manager Compliance Techniques

First Exposure Draft of proposed changes for the edition of the Uniform Standards of Professional Appraisal Practice

CHAPTER APPRAISAL MANAGEMENT COMPANIES

Guide Note 6 Consideration of Hazardous Substances in the Appraisal Process

Marla L. Britton, SR/WA Senior Associate SRF Consulting Group, Inc.

Appraisal Review & Advisory Opinion 20 Controversy. Presenter: Lisa Kimbro, MAI, AI-GRS

RevuPro Appraisal Review

Sample Engagement Letter

Guide Note 15 Assumptions and Hypothetical Conditions

THE APPRAISAL STANDARDS BOARD & USPAP

Real Estate Appraisal Professional Standards

Table of Contents GENERAL COURSE INFORMATION SECTION ONE. Overview... v. Course Schedule... viii. Introduction. Part 1. Introduction to USPAP

Appraisal. Colorado. Licensing and Continuing Education JULY DECEMBER Appraisal Education From the Name You Trust.

ILLINOIS HOUSING DEVELOPMENT AUTHORITY APPRAISAL SCOPE AND GUIDELINES December 2015

Anatomy Of An Appraisal

ffi.c of i1r J\ttonte~ ~ mra:l

Appraisals & Evaluations. Association of Appraiser Regulatory Officials

Land, Agricultural Improvements, CAFO, Rural Residence, Farm

Area of Mutual Interest Clauses: Opportunities and Pitfalls. Chris Champion Norton Rose Fulbright October 2, 2014

USPAP Update & The Difficult and Unusual RW Appraisal Assignments

Appraisal Logistic Solutions, LLC (Appraisal Logistics) Appraiser Engagement Agreement

ALABAMA REAL ESTATE APPRAISERS BOARD ADMINISTRATIVE CODE CHAPTER 780-X-17 APPRAISAL MANAGEMENT COMPANY TABLE OF CONTENTS

VALUATION AND APPRAISAL SERVICES

619 STANDARD 2: REAL PROPERTY APPRAISAL, REPORTING

S 0543 S T A T E O F R H O D E I S L A N D

APPRAISAL STANDARDS BOARD SUMMARY OF ACTIONS RELATED TO PROPOSED CHANGES. June 8, 2007

Common Errors and Issues in Review

REAL ESTATE MARKET STUDY SERVICES

SUBJECT: The Appraisal of Real Property That May Be Impacted by Environmental Contamination

This is not a reciprocal license application. (Type or Print in Ink)

Guide to Appraisal Reports

LAWPRO E&O Real Estate Claims: Small, Medium and Excess (and how to avoid them)

Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012

INITIAL AGENCY DISCLOSURE PAMPHLET INSTRUCTIONS

Office of the Comptroller of the Currency Federal Deposit Insurance Corporation Federal Reserve Board Office of Thrift Supervision

What/Who Determines that an Appraiser is Qualified in our Program?

Copyright, 1999, 2002, 2004, Freddie Mac. All Rights Reserved.

USPAP Q&A USPAP Q&A Issue Date: December 19, 2017

(A) Applicants seeking a state-licensed residential real estate appraiser license shall:

DEALING WITH APPRAISERS AND OTHER EXPERTS:

RULES OF GEORGIA REAL ESTATE APPRAISERS BOARD TABLE OF CONTENTS

OCCUPANCY/ POSSESSION AT CLOSING. No work can be done on the property by purchaser until possession is given.

REAL ESTATE AUCTION PARTICIPATION AGREEMENT

Minimum Energy Efficiency Standards Fact Sheet The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 introduce measures

APPRAISAL MANAGEMENT COMPANY

GENERAL SALES CONTRACT no.

Real Estate Investment Authorization Kit

The U.S. Mineral Property Valuation Patchwork of Regulations and Standards

Wednesday, August 8, 2012 Valuing Businesses: Working with Experts to Present Valuation Evidence in Business and Insolvency Contexts

Internal Controls and Best Practices for Appraisal Departments

BUSI 330 Suggested Answers to Review and Discussion Questions: Lesson 1

Minnesota. Appraisal. Licensing. See weekend course offerings to get your appraiser license! Your Complete Appraisal Licensing Solution.

VALUATION OF PROPERTY. property. REALTORS need to keep in mind first, that the Occupational Code limits what

APPRAISAL REVIEW REPORT

Navigating Commercial Real Estate Closings (Part 2) (With Forms)

CIC Approved Inspectors Register (CICAIR) Code of Conduct for Approved Inspectors

THE SBA HANDBOOK: BUYING & SELLING A DENTAL PRACTICE

New Environmental Diligence Standards for All Appropriate Inquiries (AAI)

How to Read a Real Estate Appraisal Report

THE TENSION BETWEEN EXPERT WITNESSES AND COUNSEL

Home Inspections and Their Role in the Real Estate Transaction

Dental Buyer s Guide

Code for the Technical Assessment and Valuation of Mineral and Petroleum Assets and Securities for Independent Expert Reports. ~ The VALMIN Code ~

Lender s e-amc, LLC. Vendor Management Services (VMS) Program. Statement of Policies & Standards

Always Accurate, Always on Time

Collateral Valuation Matters Improving Client s Appraisal Experience with Farmer Mac. April 18, 2017

APPRAISAL REPORT OF GROSS ACRES/17.72± USABLE ACRES OF VACANT COMMERCIAL LAND

Appraisal Review for Appraiser Regulators

FOR SALE REDEVELOPMENT OPPORTUNITY 1919 & 1949 State Street Salem, OR PROPERTY DETAILS PROPERTY OVERVIEW

Chapter 16: Selling a Business: Finishing Steps

The Influence of EU Regulation and European Valuation Standards on Real Estate Valuation

Canadian Standards and Quality Valuations an AIC Advantage. Dan Brewer AACI, P. App AIC President

H 5620 SUBSTITUTE A ======== LC001745/SUB A ======== S T A T E O F R H O D E I S L A N D

History: By Date Action Description Jt. Res. No. Expiration Date - 10/26/2018 Proposed Reg Published in SR

Appraising After a Natural Disaster

U of O / Midtown Location - 5 Units Mixed Use

Appraisal Review Update: Trends and Best Practices for Lenders and Appraisers

Unit 16. Real Estate Appraisal

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

Transcription:

Ethical Dilemmas Posed During a Mineral Project Appraisal Trevor R. Ellis, CPG, CMA Minerals Appraiser Ellis International Services, Inc. Denver, CO

Drop Everything Assignment Spring 1998 Industrial minerals property in western US Assignment - Determine the appraised value Financial Institution loan of several million To fund a processing plant

Property Status Independent geological report done Proven Reserves - hundreds of thousands of tons Consulting metallurgist s feasibility study done - $2/lb processing cost Market study done Product sells internationally at $6/lb 3 letters of intent to purchase - all production

Participants Apex Exploration Mr. Apex Owner Holds option to purchase property Dubious history Rising Sun Investments Mr. Rising Sun Owner My contact Sparkling credit history Falling out with Mr. Apex

Should I take the Assignment? Would you?

Was I Competent to Perform this Assignment?

My Competency? Only perform services within scope of ones education and experience (AIPG 3.3.1) Had no experience on this mineral previously Adequate qualifications for the assignment Certified Minerals Appraiser Experienced in doing appraisals under the Uniform Standards of Professional Appraisal Practice (USPAP) Know what I need know and how to obtain it

Is this adequate to be considered Competent?

Contract Received Approved by lender Signed by both Apex and Rising Sun 2 appraisals Value of entire reserve Net processed value of 2 years production Retainer in bank

Metallurgy Inadequate Consultant working for a share of the action Metallurgy not tested The feasibility study in only a couple of worn sheets of paper No process = zero net processed value Respected professor of metallurgy takes over

Independence and Due Diligence Obligations Nosey Mr. Rising Sun Attempts to limit my due diligence investigations Property history Product market Appraiser s Independence from client influence required by AIMA Rule 5a Appraiser s adequate due diligence required USPAP Standard Rule 1-1(b), AIMA Rule 4b

Obligation to Resign? Professor s test results poor Suspicious about letters of interest Can t locate US wholesaler Mr. Rising Sun s instructions place me in conflict. Instructs: rely on his market data Don t talk to Mr. Apex

AIPG Code of Ethics Standard 3.5 Members who find that obligations to an employer or client conflict with professional or ethical standards should have such objectionable conditions corrected or resign. Also AIMA Code of Ethics Rule 1b

Should I Resign? Would you?

Reasons for Not Resigning Maintaining my professional and ethical standards despite directives My major client is the lending institution Substantial personal financial losses Laboratory bills for professor Professor s opinion Sleazy Mr. Apex Mr. Rising Sun is fine

Toll Processing Facility Located An operating facility Long trucking distance not too long Familiar with the reserve Site chemist s initial testing is positive

Toll Processing Facility Test Lender gives extension Our payments are wired Our contracts are expanded and extended We take secured large sample to facility Professor monitors I do due diligence research

Results and more conflict Professor reports recovery and processing costs to be satisfactory I decide that the 3 letters of interest are a sham I suspect Mr. Apex s doing. Mr. Rising Sun orders me to use small product lot (retail) prices that he provides I become suspicious of Mr. Rising Sun and partner s intend use of loan funds

What should I do now?

X-Ray Diffraction Test Despite instructions, I continued market research Petrography tested product crystallography Wrong crystal form for premium market Only suitable for intermediate market Selling price can t cover direct operating cost

Payment First or Report Delivery First? I give zero appraised value in both reports Bind and sign the copies Request payment of outstanding invoice before delivery of reports Mr. Rising Sun insists on reviewing a draft before paying I refuse - He refuses to pay I still have the reports

Review of Draft Appraisal Report by Commissioning Entity AusIMM VALMIN Code item 36 requires that a draft be provided Reduces appraisers Independence Potential to cause report bias Lender could view as impropriety AIMA Code of Ethics Rule 1a states Members shall avoid even the appearance of impropriety

Postmortem Mr. Rising Sun won the mineral title but lost his family investment business Mr. Apex headed for the Bahamas with Mr. Rising Sun s initial investment I got my education on the project paid Professor a little better off

Conclusions Considerable pressure placed on me to accept false and misleading information I maintained my independence I conducted vital due diligence in breach of instructions, but not in breach of contract My resigning at mid-point could have led to a large financial loss for my colleague and lawsuit for damages from client companies against me.

Ethical Dilemmas Posed During a Mineral Project Appraisal Trevor R. Ellis, CPG, CMA, FAusIMM Minerals Appraiser Ellis International Services, Inc. Denver, CO 303-399-4361 www.minevaluation.com