Family business

The family business, our priority.

The family business is key to the economic fabric of our country. There are many companies in which two or more generations of one or more families succeed each other at the helm of a company. There are moments that are of special importance in the life of family businesses:

The time to start an activity.
Generational change in the family business.
Planning the inheritance of the founders of the family business.
The incorporation or separation of partners.
The resolution of conflicts between the partners of the family business.

In any of these circumstances and all of the ones in which the members of the family business will find themselves, RAMIÓ ASSESSORS gives a professional and agile response, with the knowledge that more than thirty years of experience in advising family businesses give us.

Organization of the company

PROPOSALS FOR THE COMPANY’S ARTICLES OF ASSOCIATION

Design of the articles of association to serve the objectives of the company and its partners. We attach special importance to the transfer of shareholdings or shares, ancillary benefits, remuneration, the form of governance and the aspects that characterise each company and each company.

PROPOSALS FOR FORMS OF GOVERNANCE OF SOCIETY

Decision-making in society is one of the most important parts of everyday life. There is no single way to do this, so it is necessary to foresee at each stage of society which is the most appropriate form among the various possibilities.

FAMILY PROTOCOL, AGREEMENTS AND IMPLEMENTATION

The family protocol brings together the interests of the company and those of the family. It favours the continuity of the company, improves governance, gives confidence to the members by having a model to follow. The agreements and their implementation will give enforceability to the rules of operation of the family business.

FAMILY COUNCIL

In certain cases, the family, in addition to those who are members, can also participate in consultative aspects. The Family Council responds to these needs to integrate to a certain extent several family circles in the future of the company.

Company objectives

ECONOMIC AND FINANCIAL PLANNING

The family business, in addition to responding to the needs of the family, must also ensure continuity with correct economic and financial planning. An economic feasibility plan is an indispensable tool for this purpose.

THE GOALS OF THE NEW GENERATION

In each generation there is a change of objectives that responds to different ways of understanding the relationship between the partner and the company and the family. Preserving the interests of the company, it is necessary to accommodate different sensitivities.

ATTENDANCE OF THE ADVISOR AT THE MEETINGS

The complexity of tax and commercial regulations, as well as the correct interpretation of the company’s economic and financial data, make it advisable that, in certain cases, the external advisor should attend the meetings to provide their knowledge and facilitate their understanding or decision-making.

REMUNERATION SYSTEMS FOR PARTNERS AND EMPLOYEES

Together with the company, we design the remuneration and incentive system that may be appropriate for each case and adjusted to the economic viability plan.

MODERNISATION AND IMPROVEMENT OF THE MANAGEMENT SYSTEM

We help in the process of modernizing the company’s financial management system. We then prepare a specific training plan to obtain good performance.

Partners' objectives

THE TRANSFER OF SHARES

The shares or shares of the company can be transferred for various reasons, in each case the consequences must be studied.

LIVE TRANSMISSION

The donation of shares, as part of a generational change, award or simple incorporation into the company, has implications in both the tax and commercial spheres.

TRANSMISSION BY INHERITANCE

Hereditary planning is especially important in family businesses because it has characteristics that differentiate it greatly from other transmissions. We advise on planning until the signing of the will.

COMPANY RATING

In certain cases, it can be useful to know what the value of the company is. We evaluate all types of companies by applying various methods.

ASSESSMENT OF THE LEGITIMATE

In a succession mortis causa, a process of distribution that contemplates civil law, the legitimate, is applicable. A correct valuation of the legitimate estate can be a complex and very important process for the heirs.

THE MATRIMONIAL PROPERTY REGIME

The different matrimonial regimes entail important differences, in ownership, in transmission, in separation. We study each case, also from this perspective.

WHAT DO I GIVE, WHAT DO I GET?

Only with a balanced partner-company relationship will both the objectives of one and the other be satisfied. It is therefore necessary to establish objectives that are acceptable and acceptable to both parties.

Future of the company

SUCCESSION IN OWNERSHIP

The ownership of the family business can be transferred at any time, choosing the most appropriate time and way can ensure continuity and reduce its cost.

SUCCESSION IN MANAGEMENT

The management of the family business can be taken over by new people, family members or not, depending on existing needs or resources. Ownership and management are not necessarily transferred at the same time.

INCORPORATION OF NEW PARTNERS

The incorporation of new members, family members or not, is an important process so proper planning is necessary. The incorporation of a partner entails commercial changes, tax consequences, organizational changes. We work on all these aspects.

DEPARTURE OF MEMBERS

A partner can decide to leave for various reasons: legal, personal, professional. We provide answers to each situation, adapting what the company needs to adapt to the new situation.

TRANSFER OF THE COMPANY

When the family business project comes to an end, one of the ways out can be its transmission. We advise on all phases of the process: analysis of the suitability of potential buyers, negotiation of price and conditions, drafting of contracts, analysis of tax repercussions. We also work to increase the value of the company in case of planning its transfer in advance.

FINANCING THE INCORPORATION OF NEW PARTNERS

It may be the case that we find members with a suitable profile for their incorporation but without sufficient economic resources. We study financing formulas for their incorporation, immediate or progressive.

The crisis and the family business

CONFLICT MEDIATION

All companies can have conflicts, between partners, with staff, with suppliers or customers, etc. We advise on all of them looking for a solution.

THE ORDERLY CLOSURE OF THE COMPANY

Not all companies are maintained for more than one generation nor can they all be sold in good condition. If the company’s life cycle comes to an end without any other possibility, we advise on the orderly closure and liquidation process.

THE INSOLVENCY PROCEEDINGS

Family businesses are usually flexible but they are not exempt from having problems, like all of them. Serious financial problems can force the company to choose bankruptcy as a legal way out. We advise on all phases of the tender until the feasibility, closure or transfer of the production unit.

SEPARATION OR DIVORCE OF COMPANY PARTNERS

One of the special characteristics of family businesses is precisely the link between family and business. This link is evident in cases of marital separation or divorce.

THE ECONOMIC CRISIS AND THE FEASIBILITY PLAN

The cause of an economic crisis in the company is not always an external cause, in these cases, a feasibility plan can help a lot to get out of the negative situation. We design the feasibility plan and monitor it.

Taxation

TAXATION OF FAMILY BUSINESSES

The company that manages the family business, like the rest of the companies, is subject to corporate tax. Despite this, there are significant differences with other companies in terms of inheritance, donations, assets, etc.

TAXATION IN WEALTH TAX

The wealth tax, despite being a tax that ceased to operate for a few years, is still maintained and can also be taxed on shares in the family business. Proper planning depends on whether they are not taxed.

TAXATION IN INHERITANCE AND GIFT TAX

The Inheritance and Gift Tax provides special consideration for the transfer of shares in family businesses during life and death.

TAXATION OF MEMBERS’ INCOME

Income from work, income from activities, income from capital? Any of these forms is possible depending on the company and the partner-company relationship. We respond to each situation.

Do you want to know more?

We know what the needs of family businesses are, for more than thirty years we have accumulated experience in multiple situations and we respond to commercial, tax, civil, social, strategic and organizational issues.

We have designed and participated in multiple generational changes, we have set up companies for families and family groups, we have designed family protocols, corporate agreements, family agreements, we have helped family businesses in crisis, we have studied the taxation of hundreds of situations, we have helped families to reach agreements, even in extremely difficult situations.

We have also accompanied family businesses in the process of selling the company when there is no continuity, in making decisions within the family council or in bringing together the opposing positions between family members.

Our experience is the result of living with the firm’s clients their situations as if they were our own, one of the strengths of our firm.

This service is for you if…

Overview.
Ensure continuity.
Conflict resolution.
Reduce the tax burden.
Achieve goals.