The Company Evaluation agreement is essential for businesses requiring professional valuation services in Canada, whether for sale transactions, merger considerations, shareholder disputes, tax purposes, or strategic planning. This document is typically used when a company needs an objective, third-party assessment of its value, ensuring compliance with Canadian federal and provincial regulations, including securities laws and professional standards. It becomes particularly relevant during major corporate events such as mergers, acquisitions, succession planning, or when seeking investment. The agreement addresses critical aspects such as valuation methodology, information requirements, confidentiality provisions, and professional obligations while adhering to Canadian Institute of Chartered Business Valuators standards and relevant legislative requirements.
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1. Parties: Identification of the evaluator and the company being evaluated
2. Background: Context of the evaluation request and brief company overview
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of the evaluation services to be provided
5. Evaluation Methodology: Overview of the valuation approaches and methods to be used
6. Information Requirements: Details of the information and documentation the company must provide
7. Confidentiality: Provisions regarding the handling of confidential information
8. Deliverables: Description of the evaluation report and any interim deliverables
9. Timeline: Schedule for the evaluation process and delivery of results
10. Fees and Payment Terms: Compensation structure and payment schedule
11. Limitations and Assumptions: Key assumptions and limitations of the evaluation
12. Representations and Warranties: Statements of fact and promises by both parties
13. Term and Termination: Duration of the agreement and termination provisions
14. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Site Visits: Include when physical inspection of company assets is required
2. Third-Party Experts: Include when additional specialist expertise may be needed
3. International Considerations: Include when the company has international operations or assets
4. Regulatory Compliance: Include when specific regulatory requirements apply to the evaluation
5. Dispute Resolution: Include when specific dispute resolution mechanisms are desired
6. Insurance Requirements: Include when specific insurance coverage is required for the evaluation
7. Conflict of Interest: Include when there are potential conflicts that need to be addressed
1. Schedule A - Fee Structure: Detailed breakdown of fees, expenses, and payment terms
2. Schedule B - Required Information List: Comprehensive list of documents and information required for the evaluation
3. Schedule C - Timeline and Milestones: Detailed project timeline with key milestones and deadlines
4. Schedule D - Evaluation Methodology: Detailed description of valuation methods and approaches to be used
5. Schedule E - Team Members and Qualifications: List of key team members and their qualifications
6. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and conditions
7. Appendix 2 - Engagement Letter: Initial engagement letter outlining the basic terms of the evaluation
8. Appendix 3 - Standard Assumptions: List of standard assumptions used in the evaluation process
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Manufacturing
Technology
Real Estate
Retail
Healthcare
Professional Services
Energy
Mining
Agriculture
Transportation
Construction
Telecommunications
Education
Hospitality
Relevant Teams
Finance
Legal
Corporate Development
Mergers & Acquisitions
Tax
Treasury
Risk Management
Strategy
Executive Leadership
Corporate Governance
Accounting
Compliance
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Corporate Development Director
Mergers & Acquisitions Manager
Business Valuator
Financial Analyst
Corporate Lawyer
Investment Banker
Tax Director
Risk Manager
Strategy Director
Board Member
Company Secretary
Finance Manager
Treasury Manager
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