Better organization of company succession during your lifetime
Business succession planning should take place during your lifetime and in good time. This not only avoids potential difficulties in the interpretation of testamentary dispositions, but also allows the entrepreneur to carefully select and train his successor and to gradually transfer the company to him in order to make the transition as smooth and tax-advantageous as possible. Restructuring under the German Reorganization Act or the implementation of holding structures and succession planning under company law can be considered. Particularly in the case of existing business splits (e.g. through a GmbH & Co KG) and the transfer of business assets, the unintentional disclosure of hidden reserves can easily occur. The “reallocation” of special business assets or the conversion of the company into a corporation can lead to sensible solutions. There are numerous variants, from a simple handover to the next generation to management buyouts and family foundations.
Regardless of the entrepreneur’s phase of life, succession measures always include powers of attorney in addition to wills/inheritance contracts. The participation of family members or third parties in the company or the preparation of a company sale is also often the subject of succession planning.
Securing family peace often stands alongside general goals such as financial security for partners and family. Complex family relationships require tailor-made solutions, such as the participation of family members in the company or special dispositions to minimize conflicts.
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The regulation of company succession in the event of death should be clearly separated from other asset succession. Complex solutions such as pre- and post-inheritance or arrangements with usufruct are often considered in order to ensure business continuity and tax efficiency.