Company succession

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The handover of an own company or company share is frequently one of the most important tasks in the life of a company owner. According to the estimates of the Bonn research institute for German medium-sized companies, in Germany every year up to 2018 roughly 27,000 owners of medium-sized companies will have to make succession arrangements. The design of the appropriate succession concept for family-owned companies is a very complex and multidisciplinary exercise. Each case of the company succession is an individual case with special circumstances.

 
In order to prevent a shortage of liquidity or splitting of the company brought about by a death, the company owner should take certain precautions. The will of the entrepreneur is the foundation for the succession concept. In addition, in the course of an anticipated inheritance the entrepreneur can use gifts to the next generation to withdraw from the company. In this process, however, the benefactor should not forget their own financial requirements in old age and reserve sufficient funds for medical care.

 
Our experts at Rödl & Partner will support you comprehensively with the design, fine-tuning and implementation of your succession concept:


Design and structuring


Inheritance tax/gift tax and company valuation

 

Receipt and transfer of influence to the benefactor

  • Accession process for successors to the family company (co-operation, participation, shareholding) 
  • Establishment of control and co-determination rights for the senior generation (family pool) 
  • Maintaining the company within the family


Last will and testament, powers of attorney and other contracts

  • Design of last will and testament for shareholders and entrepreneurs
  • Entrepreneur and management powers of attorney
  • Family contracts, matrimonial property agreements (for married couples) 
  • Donation contracts
  • Administration and settlement of the estate


Care provisions

  • Care provision for the senior generation and those giving up their inheritance, concepts for transfer of assets
  • Usufruct arrangements
  • Forced heirship arrangements
  • Asset protection

Contact

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Prof. Dr. Christian Rödl, LL.M. (Columbia University, New York)

Managing Partner

+49 911 9193 1000
+49 911 9193 7000

Send inquiry

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Elke Volland

Partner

+49 911 9193 1246
+49 911 9193 1265

Send inquiry

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