Oregon 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
A fairness opinion is a letter summarizing an analysis prepared by an investment bank or independent third party, which indicates whether certain financial elements in a transaction, such as price, are fair to a specific constituent, from a financial point of view.
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.
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.
Interestingly, while fairness opinions have long been considered a best practice in transactions with the appearance of conflicts of interest, such as adviser-led secondary transactions, Rule 211(h)(2)-2 appears to be the first time that the SEC has specifically required a fairness opinion or valuation opinion in any ...
The Proposed Fairness Opinion Rule, if implemented, should allow fund advisers to select the firm that they believe is best-suited to advise them with respect to a given transaction after taking into account all relevant criteria, including, among other things, the firm's experience and reputation; the unique facts and ...
This includes both public and private companies of any size. It is considered best practice to obtain a fairness opinion for any significant transaction that could affect shareholder value, especially if the deal will receive more scrutiny, such as in: Material transactions. Related-party transactions.
Dimech-DeBono: Both valuations and fairness opinions play a key role in the decision making process around a transaction. It sounds simple enough that the valuation range should inform the transaction price and the fairness opinion should inform the reasonableness of such price and general terms of the transaction.
Fairness opinions are not always required in transactions involving public companies, but they can be helpful in reducing the risk associated with major financial actions or purchases, including the risk of litigation.
