Confidentiality in a Business Sale: NDAs, Blind Profiles, and Controlled Processes

Confidentiality is not just a legal precaution in a business sale, it is a valuation issue. When a company is marketed through teasers, nondisclosure agreements, and staged disclosure, the seller is protecting customer relationships, employee retention, supplier confidence, and ultimately enterprise value. For privately held businesses, the quality of the sale process can influence buyer […]

409A vs ASC 718: One Valuation, Two Purposes

For privately held companies that issue stock options or other equity awards, 409A and ASC 718 often arise together, but they serve different valuation purposes. A 409A valuation establishes the fair market value of common stock for tax compliance, while ASC 718 supports the measurement of stock-based compensation expense for financial reporting. For business owners, […]

409A and Secondary Sales: How Tenders and Transfers Affect Strike Prices

Secondary sales can materially affect a private company’s 409A valuation when they are meaningful, arm’s length indicators of fair market value. For founders, executives, and investors, the key question is not whether a tender offer, transfer, or insider sale occurred, but whether the transaction provides reliable evidence about what a willing buyer and willing seller […]