-206- 3. Asset-Based Approach The asset-based approach generally values property by determining the cost to reproduce it. D. Fair Market Value Compared With Fair Value 1. Meaning of the Term “Fair Value” We understand the term “fair value” to have two separate and distinct meanings, the first under GAAP and the second under State law. a. GAAP Purposes As to the first meaning, the term “fair value” is often the standard followed by accountants in their preparation of financial statements. Financial statements are used not only by the clients for whom they are prepared but also by lending banks, buyers of businesses, the SEC, and countless others. For purposes of financial accounting, SFAS No. 107 defined the fair value of a financial instrument as: the amount at which the instrument could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale. If a quoted market price is available for an instrument, the fair value to be disclosed for that instrument is the product of the number of trading units of the instrument times that market price. b. State Law Purposes As to its second meaning, most State statutes usually define the term for purposes of valuing dissenting stockholders’ appraisal rights and, sometimes, for purposes of valuing propertyPage: Previous 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 Next
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