Transition to the next generation
The planning of company succession requires important future-oriented decisions and setting the course for you, your relatives and your company. What you have worked hard for and built up should of course also be preserved for your family and children if you no longer wish or are no longer able to take care of it.
Company law offers many possibilities to meet the personal and entrepreneurial aspects of your desired succession. An unsuitable corporate succession can mean the end for a company and must therefore be carried out with caution. The articles of association and the will must not contradict each other; under certain circumstances, it may also make sense to restructure the company in advance. I also carry out all this taking into account tax aspects, as the tax authorities make considerable differences in their assessment here – depending on the procedure.
One model for avoiding liability and saving on gift taxes, which is often overlooked in succession planning, is the matrimonial property regime.
The entrepreneur is usually concerned with the following topics:
- How do I guarantee the preservation of assets within the framework I desire?
- How can I keep the family assets within the immediate family circle?
- How do I find sensible solutions for all children and grandchildren?
- How do I prepare my complex company structure for handover to my successors?
- How do I design the integration of my successors?
- What solutions are there for the children who do not want to become entrepreneurs?
For this purpose I work out the following solutions together with the entrepreneur:
- Full powers of attorney, preventive powers of attorney and living wills,
- Planning of a succession structure in close cooperation with the tax consultant
- Foundation and support of family companies
- Drafting the articles of association in accordance with the will
- Contractual arrangements to protect children not joining the company and the surviving spouse