Software evaluation (technology platforms)

The evaluation may concern one or more software products. The service includes a due preliminary legal assessment.

Software evaluation is one of the services in the practice area “Intangible assets evaluation“. The evaluation concern one or more software products. The service includes a due preliminary legal assessment. According to the standards governing the sector as well as to professional practice, intangible assets such as trademarks, on-line platforms, software, patents, know-how, etc., in order to be eligible for financial evaluation, must be:

  • independently identifiable (so-called principle of identifiability)
  • subject to the control of the owner, enabling him to profit economically and to limit or prevent exploitation by third parties (so-called principle of control).

WHO REQUIRES SOFTWARE EVALUATION

The problem of determining the economic value of software arises in the following cases:

  • contribution;
  • transfer or licensing of software;
  • extraordinary operations (acquisition, transfer of a company or branch, merger, demerger); 
  • liquidation procedures (e.g. bankruptcy, executions, etc.); 
  • revaluation; 
  • patent box.

In the case of a contribution into a company, the economic evaluation of the software is compulsory pursuant to Article 2343 of the Italian Civil Code. The Italian Civil Code prescribes a certified appraisal report to guarantee the actual amount of share capital. Software evaluation is also highly recommended whenever doubts arise regarding economic transactions involving the software. 

Please note, the legal valuation (STEP 1, see below) is often requested to our Law Firm by accountants who need to check the actual legal existence of the asset before proceeding with its evaluation.

SERVICE FEATURES

Our evaluation comprises two steps:

STEP 1. Legal evaluation (verification of juridical consistency): the Law Firm performs a specific due diligence. In practice, the Firm assesses the ownership, features and functionality of the software or platform. Through dedicated checklists and interviews, the Law Firm gathers all relevant documents and information. The outcome of the legal valuation consists of a comprehensive report (legal advice) that is an integral part of the subsequent appraisal report. 

Please note that this legal evaluation (STEP 1) can also be provided by our Law Firm independently from the appraisal report. We are often requested to carry out a legal evaluation by accountants who need to verify the consistency of intangible assets for their clients before proceeding with their financial evaluation.

STEP 2: Appraisal report (economic valuation): The economic value of the software or platform is estimated using methods based on profitability, costs and empirical data. The estimation of the software’s value is the result of applying several valuation methods. The professional chooses the methods that are most consistent with the company’s peculiarities, the current situation and the available data. The appraisal is usually carried out by accountants selected by Canella Camaiora Law Firm. The service referred to in Phase 1 is preliminary to the economic evaluation (Phase 2).

ADVANTAGES

 

The Canella Camaiora Law Firm is highly qualified in the management and protection of industrial and intellectual property rights. Among the Firm’s services, the software evaluation service is one of the most requested and appreciated. 

The legal valuation (verification of legal consistency, STEP 1) of the intangible can also be estimated and provided by the Canella Camaiora Law Firm independently from the appraisal report (STEP 2). The economic appraisal, if requested, is carried out by accountants – experts in intellectual property and selected by the Firm – who regularly collaborate with the Court of Milan.

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