We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
What is Going Concern Value? A Comprehensive Legal Overview
Definition & Meaning
Going concern value refers to the extra worth that a property holds because it is part of an ongoing business operation. This value is derived from the business's ability to continue functioning and generating income, even if ownership changes. Essentially, it reflects the potential for future earnings and operational stability that a business possesses.
Table of content
Legal Use & context
This term is often used in business law, particularly in contexts involving mergers and acquisitions, business valuations, and bankruptcy proceedings. Understanding going concern value is crucial for legal professionals when assessing the financial health of a business or determining its sale price. Users may find it beneficial to utilize legal templates from US Legal Forms to navigate related processes effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, a restaurant that has established a loyal customer base and consistent revenue streams would have a significant going concern value. If the owner decides to sell the restaurant, this value reflects not just the physical assets but also the ongoing business activity and future earning potential. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Considerations
California
Going concern value may be assessed differently in business valuations due to state-specific regulations.
New York
Legal standards for determining going concern value can vary based on local business practices.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Liquidation Value
The estimated amount that would be received if assets were sold off individually.
Going concern value includes ongoing business operations, while liquidation value does not.
Fair Market Value
The price at which property would sell in an open market.
Going concern value considers future earnings, while fair market value focuses on current market conditions.
Common misunderstandings
What to do if this term applies to you
If you are involved in a business transaction or valuation, understanding going concern value is essential. Consider consulting a legal professional for tailored advice. Additionally, you can explore US Legal Forms for templates that can assist you in drafting necessary documents and navigating the process.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Going concern value reflects future earning potential.
It is crucial in mergers, acquisitions, and bankruptcy cases.
Intangible assets play a significant role in determining this value.
Key takeaways
Frequently asked questions
It is the additional value a property has because it is part of an ongoing business that can continue to generate income.
Going concern value considers future earnings and business operations, while liquidation value reflects the amount received from selling assets individually.
This value helps determine a fair price for the business, reflecting its potential for ongoing profitability.