Your notary for asset and company succession
Transfer to the next generation
Planning the succession of assets and businesses to the next generations requires not only a look at legal and tax aspects, but also at your personal situation and your individual wishes. What you have worked hard for and built up should of course continue to exist for your family, children and grandchildren when you no longer wish to or can take care of it. Company law offers many possibilities to meet the personal and entrepreneurial aspects of your desired succession. Unsuitable succession planning can mean the end for a business or a loss of parts of the assets. Therefore, this decision must be made carefully. The relevant articles of association and the respective wills must be carefully coordinated to avoid undesirable results and constellations. Under certain circumstances, it may also be advisable to restructure the company in advance or to carry out a so-called “Güterstandsschaukel”.
Due to my many years of experience as a specialist lawyer for commercial and company law as well as for tax law, I have extensive experience in the area of company and asset succession. I am therefore convinced that I can also achieve the best result for you!
My services in the area of business and asset succession
I work out the following topics with you individually and adapted to your situation:
- General powers of attorney, preventive powers of attorney and living wills
- Planning a succession structure in close consultation with your tax advisor
- Foundation and support of family companies as well as the donation of shares to children (and grandchildren)
- Drafting the articles of association in coordination with the will
- Drafting contracts to provide for children and the surviving spouse who are not part of the succession process
FAQ in the area of succession planning
Entrepreneurs are usually concerned with the following issues:
How do I ensure the preservation of my assets within the framework I intend?
Whether inheriting or giving it away, there are tax and legal aspects that need to be considered for both options. I would be happy to help you gain an overview and make the right decision!
How do I find sensible solutions for all children and grandchildren?
Especially in family matters, it is often difficult to find a solution that is equally fair for all. The legislator offers various instruments for this purpose, which can be used to take into account your individual wishes and those of your children and grandchildren.
What solutions are there for children who do not want to become entrepreneurs?
Not all children want to follow in their parents’ footsteps. A respectful approach to this decision as well as an individually adapted alternative are often decisive for long-term family peace. Here, too, careful joint consideration is needed.
Which form of handover is best suited to my situation?
There are various forms of handover in the context of business succession. It is necessary to illuminate these differences and also optimise them from a tax perspective with the involvement of the tax advisor (e.g. use of tax allowances, use of usufruct arrangements).
In addition, I am often asked the following questions on the subject of business succession:
- How can I keep the family assets within the immediate family circle?
- What is an asset-managing family company and what are its advantages?
- How do I prepare the complex structure of my company for handover to the successor?
- How do I organise the involvement of my successors?
- What are the tax differences between gift, inheritance, lease and sale?
- Who is liable for existing liabilities?
- What should the purchase contract or the takeover contract look like?
In a personal consultation, we discuss your questions and ideas together and then work out a customised result for you. We look forward to your appointment request.