Company Succession
Secure your legacy – corporate succession planning
Sooner or later every entrepreneur arrives at the point where it’s time to plan succession. If this is not done, the worst-case scenario is that succession occurs unplanned after death. Omission of careful succession planning brings the risk of conflict within the family, endangerment of company continuity, and the loss of the associated value and workplaces. To avoid this, company succession planning while the owner is still alive is a matter of high priority.
Company succession: examining the options
The first thing to clarify is what the company owner’s intentions are with regard to succession. Often this will involve transferring ownership within the family. What options are there? How will the owner and his or her family be provided for financially? Might a (partial) sale be a possibility?
It also needs to be determined whether implementation is possible in the first place. Are there legal hindrances, for example due to the articles of association or a shareholder agreement? What is the legal form of the company? Upon the death of the owner, what effect will inheritance claims have? Inheritance tax burdens also need to be carefully analysed beforehand.
We regularly advise clients on the matters listed below.
Overview
- Consulting on articles of association, legal form and structuring of companies in preparation for subsequent succession planning.
- Consulting on family holdings and family constitutions
- Legal and tax consulting on the procedure and form of transfer of ownership or shares within families, for the purpose of anticipatory inheritance
- Legal and tax consulting on company succession in case of death
- Restructuring of companies or shares preparatory to company succession, with a view toward tax optimization
- Advice on the use of gift and inheritance exemption provisions
- Avoidance of double taxation in international successions
- Foundations as company succession instruments
- Consulting on the preparation of company owner wills, inheritance contracts, contracts for the relinquishment of statutory shares and agreements on the division of an estate
- Company valuations, for example for gift and inheritance tax purposes
- Consulting on the full or partial sale of a company
Contact person(s)
Are you looking for a contact person from our practice group "Company Succession"? On the following page we offer you an overview of our experts in the field of company succession. Visit the profiles of the experts, look at their areas of expertise and experience and, if you are interested, contact them directly with one click.
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