Company succession
Company owners are often reluctant to "hand over the reins". The reason for this is often the fear that a successor will not be able to continue to run the company as the owner intended.
With this in mind, certain conditions should already be stipulated when the company is transferred, so that the original owner is once again able to exert influence. Both company law and so-called usufructuary rights offer various possibilities to secure income from or co-determination rights in the company for the previous owner. Our law firm has set itself the task of providing you with long-term advice on the regulation of company succession and designing an optimal solution in your interests.
Our services
- Organisation of tax-optimised company succession
- Advice on transferring a business to family members or third parties
- Advice on company succession in the context of anticipated inheritance
Organisation of tax-optimised company succession
An essential part of our business law advice is the structuring of tax-optimised company succession. Taking into account all the general business conditions, we advise you on the timely organisation of the succession and offer you a reliable assessment of the tax implications of the individual succession model.
Advice on transferring a business to family members or third parties
The reasons for a company succession can basically be divided into two categories. If the business owner is unable to continue the business due to age or health, for example, the business succession can take place through a sale to a third party. In addition to mixed forms, company succession can alternatively be organised within the family by anticipating inheritance.
In principle, there are two ways of transferring assets for the purpose of company succession: Either individual assets of the company (so-called asset deal) or the company shares of the departing company owner (so-called share deal) are transferred to the successor.
Advice on company succession in the context of anticipated succession
In the case of family businesses, company succession usually takes place by transferring the company to the next generation as part of anticipated succession. If the succession desired by the business owner differs from the statutory succession, the transfer agreement should be accompanied by a will or an inheritance contract. Here, it is particularly important to take into account any persons entitled to a compulsory portion in order to avoid later disputes between several heirs or the assertion of compulsory portion claims and thus an existential threat to the company.
We support you in overcoming the challenges of finding a balance between the company owner's own interests and the different interests of future beneficiaries.
