14 04 2021

Adequate sales revenue will also be a wise measure. In addition, it is appropriate to consider whether the non-competition clause is legally applicable. In general, non-competition prohibitions can only be enforced if they are proportionate. As a lawyer, you already know that the courts have refused non-competition prohibitions covering a disproportionate area or a long period of time. 3 The proposed new rules (section 56.4 of the Income Tax Act) have been in draft since 2003 (see Since then, they have undergone several variations, but they are still in design shape. Note 6: The NPP of expected damages represents the estimated fair value of the non-competition agreement. As a general rule, a tax refund benefit would be added to this amount to reflect the current value of tax protection. The amount of the tax shield would depend on how the parties opt for the tax treatment of the transaction value. Competition from a former employee or seller who has not signed a non-compete agreement could eventually shut down a business.

The value of the entire business is therefore the absolute ceiling on the value of competition. It is very likely that a major employee or seller could not steal 100% of a company`s profits. In addition, tangible assets have some value and could be liquidated if the transaction fails. . The second step is to determine the “expected value” of losses on the basis of a probability assessment that takes into account the likelihood that the seller will compete with the acquired transaction. A non-competitive agreement is a kind of restrictive contract that defines a worker`s rights and obligations after leaving the company. As a general rule, these restrictive agreements seek to prohibit a worker from competing with an employer after leaving the company, regardless of the reason for exit. . The next measure is an estimate of how much business the seller or a major employee could do during the duration of the non-compete agreement. Often, an expert performs two separate discounted cash flow scenarios. The difference between cash flows with or without a non-compete clause constitutes a second ceiling for the value of the non-competition ban. A simplified example of the valuation analysis described above is presented in the following table: Non-competitive agreements generally refer to the employee`s individual corporate good based on his or her relationship with customers and employees, company knowledge and some other factors that affect the value of the business.