Pennsylvania § 8368.4 - Fair market value.
Full text of Pennsylvania Pennsylvania Consolidated Statutes § 8368.4 — Fair market value., with citation guidance and answers to common questions.
§ 8368.4. Fair market value.
(a) Establishment.--A successor business entity may establish the fair market value of total gross assets of the transferor as of the time of the merger or consolidation by any reasonable method under the circumstances, including the following:
(1) By reference to the going-concern value of the assets or to the purchase price of the assets in an arms-length transaction.
(2) In the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
(b) Intangible assets.--Total gross assets under this section shall include intangible assets.
(c) Prima facie evidence.--A showing by the successor business entity of a reasonable determination of the fair market value of total gross assets shall be prima facie evidence of their fair market value.
(d) Burden.--Following a reasonable determination of the fair market value of total gross assets by the successor business entity, a claimant disputing that determination shall have the burden of establishing a different fair market value of the total gross assets.
(e) Insurance settlement.--To the extent that total gross assets include liability insurance, a settlement of a dispute relating to liability insurance coverage entered into by the transferor or successor business entity with the insurer of the transferor prior to the effective date of this section shall be determinative of the total coverage of the liability insurance in the calculation of the transferor's total gross assets.
Cross References. Section 8368.4 is referred to in sections 8368.2, 8368.5 of this title.
Frequently Asked Questions About Pennsylvania § 8368.4
What does Pennsylvania Consolidated Statutes § 8368.4 cover?
Section 8368.4 ("Fair market value.") is part of the Pennsylvania Consolidated Statutes, the codified statutory law of Pennsylvania. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Pennsylvania § 8368.4?
A common citation format is "Pennsylvania Consolidated Statutes § 8368.4" (Pennsylvania). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Pennsylvania law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Pennsylvania official source linked on this page or consult a licensed Pennsylvania attorney.
How does Pennsylvania § 8368.4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Pennsylvania can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Pennsylvania.