Apart from the general issues that any commercial company must deal with, one must also consider, particularly in the case of family businesses, all those conflicts that may arise as a result of the existence of family ties between the owners of the corporate capital, the components of the management bodies, and especially, those problems which may arise at the time of the company’s succession by the next generation, thus ensuring rightful continuity and permanence of it within the family.
In this regard, the configuration of Family Protocol comes as the key instrument for regulating the sequence of the company, in a consensual and orderly manner and, in relation to it, ARPA Lawyers Consultants develops the following actions:
- Meetings with family members and strengthening the dialogue between them.
- Elaboration of Family Protocol and possible further developments.
- Advice to Governing Bodies (Council of Family, Family House, Family Protocol Committee).
- Drafting of prenuptial contracts/agreements, wills, etc., in accordance with the Family Protocol.
- Appropriateness of Corporate Statutes, Covenants with Partners, Governing Bodies, etc., to the provisions of the Family Protocol.
In the same way, when implementing such succession, it becomes essential to have an optimal tax plan leading to a proper conduct of the succession. In the development of this activity, we go into action:
- Highlighting the importance of tax planning in such businesses analyzing the internal situation of the company and persons belonging to the family, while maximizing the tax burden resulting from the Property Tax.
- Stressing the importance of a correct forecast of leadership succession in order to secure the company’s continuity and to facilitate a better fiscal planning of the succession, both inter vivos and mortis causa [Income Tax Deductions for Individuals (I.R.P.F.), Inheritance and Donations Tax and, Property Transfer Tax and Documented Legal Acts].
Therefore, when carrying out any of those transactions, the experience, the proximity and the professionalism of our consultants will provide you with the best guarantee and peace of mind.