Valuation for the squeeze-out purpose under the Slovene Companies Act

SUMMARY: Valuation for squeeze-out purpose in Slovenia is defined by the Slovene Companies Act. Cash compensation to squeezed-out shareholders should reflect financial situation of a company and its profitability, which does not determine valuation procedures appropriately

Therefore, we should look at USA theory and practice as this country has long-time experience in squeeze-outs. Practice is made by the rules of judges, who do not share the same view on this topic.
Although professional view on squeeze-outs in Slovenia has advocated fair valuation with no discounts so far due to experience in the USA. I would disagree as this is not common practice in the USA.
According to USA theory and practice it would be »fair« to apply discount for lack of liquidity and control premium. On the other hand, discount for lack of marketability and discount for lack of control should not be applied. This is also in line with the Slovene Companies Act.
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