Operating Agreements Should Address Goodwill

June 17, 2017 After a 2015 South Carolina Supreme Court decision, all Operating Agreements, Shareholder Agreements, and Partnership Buy-Sell Agreements in South Carolina should address how the owners or parties to the Agreement want to handle the valuation of “enterprise goodwill” of the business. Prior to the recent decision of the South Carolina Supreme Court in Moore v. Moore[1], South Carolina courts held that general “goodwill” was too speculative to be used by courts in the calculation of business valuation.

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