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Bill > H1200


MA H1200

MA H1200
Relative to the valuation of professional practices in divorce proceedings


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to establishing values of professional corporations in divorce proceedings. The Judiciary.

AI Summary

This bill proposes to amend Section 34 of Chapter 208 of the General Laws, which deals with divorce proceedings, by adding a new sentence to clarify how the value of a professional corporation should be determined when dividing marital assets. Specifically, it mandates that courts must value such a corporation using the "willing buyer and willing seller" standard, meaning the price it would fetch on the open market between informed parties who are not forced to make the transaction. Furthermore, the bill requires courts to consider and allow for "key man and marketability discounts," which are adjustments to the valuation that account for the loss of a crucial individual within the practice and the difficulty in selling such a specialized business, respectively.

Committee Categories

Justice

Sponsors (2)

Last Action

Accompanied a study order, see H4706 (on 10/24/2016)

bill text


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