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Family Business

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Family Business

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Family Law

Head

Sonia Olóriz Mateo

ASSOCIATE-HEAD OF THE FAMILY BUSINESS AREA

Family Business

Apart from the general issues that any commercial company must deal with, one must also consider, particularly in the case of family businesses, all conflicts that may arise as a result of the existence of family ties between the owners of the corporate capital, components of the management bodies, and especially, problems which may arise during the company’s succession to the next generation.

In this regard, configuring a family protocol becomes a key instrument for regulating the succession of the company in a consensual and orderly manner. In this regard, ARPA Abogados Consultores develops the following actions:

Meetings with family members and strengthening the dialogue between them.
General reflection about the family business’s situation and their future development plan.
Creating a family protocol and possible further developments.
Advice to governing bodies (family committee, protocol committees and member boards).
Drafting prenuptial contracts/agreements, wills, etc., in accordance with the family protocol.
Adapting the corporate statutes, agreements with partners, governing bodies, etc., to the provisions of the family protocol.

In the same way, when implementing the succession, it becomes essential to have an optimal tax plan:

Analysis of the company’s internal situation and persons belonging to the family, while maximising the tax burden resulting from property tax.
Advice on family and business wealth protection strategies.
Stressing the importance of correctly envisioning leadership succession in order to secure the company’s continuity.
Fiscal planning of the succession, both inter vivos and mortis causa.