Company Shareholding and Succession

Starting a business, going through difficult times and leading the business to success requires inventiveness, courage and perseverance. In order for a company to be secured in event of the death of the founder and to help his relatives to preserve their business, an early and forward-looking regulation of company succession is indispensable.

In order to make the succession as efficient as possible, there are various family, inheritance, corporate and tax instruments. The succession of a company, especially a family business, often has an emotional and social dimension. Finding a suitable successor for corporate management is therefore a major challenge.

MKM +PARTNER helps small and medium-sized enterprises tackle these challenges. Our team of experienced lawyers works across legal areas to find an efficient concept and an optimal solution. The interdisciplinary work makes it possible to respond extensively to your wishes and individual situation, as every company and every family is unique and requires an individual approach.

For example, the succession of companies may require the establishment of a family foundation or a company foundation. Any family disputes may make a mere testamentary inheritance of the company less attractive, as the communities of heirs often do not offer the necessary flexibility that a company needs. Investors may also be considered as successors. Similarly, the choice of the appropriate legal form of the company or succession plays a vital role, not least from a tax and financial point of view. The transfer agreements must ensure maximum legal certainty and clarity.

If you are faced with such a challenge, please contact us. We will be happy to answer your questions and find a tailor-made solution together with you!