Applicability of Small Size Premiums in Determining the Fair Value of Shares and Appropriate Consideration
In the article, the authors focus on one of the most pressing issues currently pertaining to company valuations for the purposes of determining the fair value of shares and the amount of reasonable consideration (e.g. in squeeze-out situations).
The Czech Supreme Court’s and Constitutional Court’s case law has not yet explicitly held whether the so-called “small size premium” (also “small cap premium”) can be applied to the discount rate in such cases.
The issue has been subject to a number of court cases. The authors believe there are a number of compelling reasons for applying the small size premium, including the extensive case law of the Delaware courts, to which the Constitutional Court, among others, explicitly refers.
The article is available in the double issue 23-24 of Legal Digest from 2021 and is also available on Beck-online at the link here.
Other articles
KŠB Provide Insight into the Legal Support for Smetana Litomyšl Music Festival
Our colleagues Sylvie Sobolová and Jana Guričová were interviewed by Jan Januš’s legalweb about the legal support for Smetana Litomyšl, one of the most important music festivals in the Czech Republic.
KŠB Sponsors 19th Annual Student Research and Professional Activities Competition at Charles University’s Faculty of Law
Kocián Šolc Balaštík was once again a partner of the Student Scientific and Professional Activities (SVOČ) competition at Charles University’s Faculty of Law. The awards ceremony for the 19th annual competition took place on June 11, 2026, with students, academics, and competition partners in attendance.
KŠB Attorneys for legalweb: Let’s Keep the Current Flexible Approach to Judicial Recesses
KŠB attorneys Hana Dejlová and Radka Felgrová participated in a legalweb survey discussing whether Czechia should officially introduce judicial recesses and proposed changes to the country’s court system.
