CLIENT BULLETIN: 409A Valuation Firms

We recently came across a 409A valuation report that included a statement of non-liability on behalf of the valuation firm with regards to the valuation and opinion included in the report. Please be advised that it is not typical for a valuation firm that is hired to provide its estimates and opinions to include this sort of liability waiver in the report. It is, however, common to include limiting conditions based on the valuation firm’s reliance on the materials provided to them by the client.

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