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.
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