When the parties to a share transfer agreement interpret the valuation rules differently, an expert may be appointed to assess the value of the equity interests (such as shares or company units). The expert is not responsible for resolving the legal disagreement between the parties. Instead, the expert may provide several valuations, each corresponding to one party’s interpretation of the agreement, and may base the calculations on different accounting periods if the contractual terms are unclear. This method enables the expert to proceed with their work without delay and to maintain a neutral role. It is the judge’s responsibility to determine the common intention of the parties and to select, among the valuations provided, the one that matches this intention. The judge may not require the expert to choose between two legal interpretations, as that would exceed the expert’s authority.
Cabinet BRAHIN, Advokatfirma i NICE, Lawyers in NICE
Camilla Nissen MICHELIS
E-mail : camilla.nissen.michelis@brahin-avocats.com
1, Rue Louis Gassin – 06300 NICE (FRANCE)
Tel : +33 493 830 876 / Fax : +33 493 181 437
