Valuation of BV Shares in DGA Divorce in Rotterdam: Methods and Valuations
In Rotterdam, with its thriving port and SME sector, the value of BV shares often forms the biggest stumbling block in the divorce of a Directeur-Grootaandeelhouder (DGA). According to Article 1:141 DCC, the value increase during the marriage must be divided through periodic equalization. Three common valuation methods are discounted cash flow (DCF), multiples of EBITDA, and net asset value, frequently applied to Rotterdam family businesses.
The DCF method calculates future cash flows with a discount rate of 8-12%, tailored to risks such as port cycles. Multiples vary by sector: 4-8x EBITDA for Rotterdam SMEs in logistics or trade; for goodwill, often 'average profit x 3-5' applies. Registered accountants or valuation experts from the region, such as those affiliated with the Rotterdam Chamber of Commerce, perform this with reporting for the Rotterdam District Court.
Tax considerations in transfer: the Income Tax Act 2001 may trigger cessation levy on the FOR. Marital agreements with cold exclusion provide protection but require equalization of asset growth. In Rotterdam practice, where divorce cases peak due to the dynamic economy, a summary proceeding is often filed at the Rotterdam District Court for provisional valuation to prevent blockages. After agreement, share transfer follows via a local notary, with articles of association amendment and possible reference to the Rotterdam Enterprise Chamber.
Tip: have both parties appoint their own valuer from the Rotterdam region, such as NIVRA experts or local advisory firms, for maximum objectivity and insight into port-related valuations.