CORPORATE & ASSET SUCCESSION/FOUNDATIONS
Our Practice Group "Corporate & Asset Succession/Foundations" bundles our expertise in border cases between inheritance law, corporate law, foundation law and tax law.
- Family and start-up entrepreneurs, business owners, owners of tradition-steeped family estates and wealthy private individuals;
- Heirs, legatees as well as relatives with statutory shares in the business and assets of wealthy private individuals,
- Partners/shareholders in family enterprises as well as managers of family Enterprises
- Founders, funds and board members of foundations;
- Last will executors as well as
- Tax advisors, banks and asset managers in succession and foundation matters.
- Analysis and optimization of corporate and asset structures;
- Identification of and safeguarding against familial, legal and tax risks in the event of sickness or death;
- Legally and tax-specifically optimized structuring of private and corporate assets;
- Drafting and implementation of lifetime and testamentary arrangements for corporate and asset succession;
- Asset protection;
- Legal representation services in inheritance, statutory share and shareholder disputes;
- Execution of wills;
- Legal consulting and support during the administration of estates;
- Establishment and transfer of business companies into so-called responsible ownership and tailor-made corporate and inheritance law arrangements;
- Legal consulting and support during foundation formations and during ongoing foundation affairs as well as
- Assumption of functions on advisory and supervisory boards of (family-owned) companies as well as foundation committees.
Our Services in Detail
- Legal support in ascertaining and weighting our clients’ legal, tax-related and familial goals;
- Corporate and asset succession planning, both national and international;
- Development and implementation of risk prevention and follow-up measures: [more]
- Powers of attorney, advance custody and healthcare directives;
- Anticipated inheritance (donation and transfer agreements, incl. the right of usufruct, right of residence caveat and provisions for providing for the elderly);
Tailor-made last wills and contracts of inheritance under consideration of:
- Individual life plans (for example; marriage, cohabitation, civil partnership, patchwork and LGBT families);
- Special family circumstances (for example; children from previous relationships, conflicts with or among relatives, nonage, adoption, potential heirs with handicaps or special needs, entailed estate heritage) as well as
- Specifics of corporate and asset structures (for example; holding structures, extraordinary operating assets, corporate restructuring, foreign assets, art collections, etc.);
- Contracts of inheritance under Sec. 311 b, 5 under the German Civil Code (BGB) and agreements on waiver of statutory shares;
- Marriage and civil partnership contracts;
- Amendments to corporate agreements for the purpose of preparing and securing corporate succession;
- Foundation and structuring of family businesses and family funds for asset management purposes;
- Pool and voting trust agreements;
- Planning of digital assets;
- Reduction, defense against or ascertainment of claims to statutory shares;
- Legal representation services in disputes involving inheritances and/or statutory shares and in family business disputes;
- Administration of estates, both national and international;
- Legal support during conflicts and conflict settlement among joint beneficiaries;
- Carrying out executorship;
- Consulting and representation services for founders dealing with government and tax regulations surrounding the choice of legal form and development of foundations as follows: [more]
- Foundation, foundation Ltd. (GmbH) or foundation association?
- Legally independent or legally dependent foundation?
- Nonprofit, charitable, ecclesiastical or private-benefit foundation?
- Eternal, endowment or hybrid foundation?
- Operative foundation, support foundation, company foundation or family foundation?
- Consulting and representation services for founders dealing with government and tax regulations surrounding the choice of legal form and development of foundations, foundations Ltd. (GmbH) and foundation associations as follows: [more]
- Ongoing legal, tax-related and administrative affairs;
- Structural changes;
- Conflict situations;
- Support for otherwise specialized legal and tax consultants planning and administering estates for their clients;
- Legal representation services for authorized caregivers and executors during the performance of their tasks and during conflict with relatives of the appointer or heirs.
By request, we’ll be more than happy to work closely together with your tax advisor, your bank and your asset manager. In cross-border matters, especially those involving the European Directive on Inheritance Law (EuErbVO) as well as those involving non-member countries, we work together with our offices in Amsterdam and Rome, our network partners in MULTILAW and other fellow law experts both inside and outside of the European Union.