The successful structuring and realisation of Company Succession is especially important and applicable to medium-sized Family Businesses. It is our experience that in more than 50 % of the relevant cases at hand, companies in Germany have established a structured succession concept. Significant risks arise due to the lack of structured succession concept. These risks are especially dramatic, if the entrepreneur unexpectedly is forced to leave the company. To this background an early structuring for an orderly succession is of the utmost importance and a key task for the entrepreneur.
Private Asset Succession
In the context of Private Asset Succession a coordinated and jointly agreed transfer of assets within the family circle is of key significance. This process is specifically defined by the expectations and interests of the concerned parties:
- Avoidance of Inheritance Disputes
- Coordination of Mandatory Inheritance Share of Heirs
- Tax Optimisation and avoidance of disadvantageous Tax Effects.
To achieve these key goals and thereby securing a beneficial asset transfer under a tax optimisation scheme Schlecht und Partner follows a trusted, reliable and forward-looking Consulting Approach.
With the goal of ensuring a beneficial Private Asset Succession a structured and personalised asset transfer during the lifetime of the Testator should be considered. Such a transfer however must be closely analyzed in particular in regard to economic, liquidity and tax aspects. A coordination between personal and private interests and views with economic, liquidity and tax considerations is complex and challenging. We have proven to be a realiable Partner of our Clients coordinating all Stakeholders and relevant aspects.
Our German language Publication on Company Succession :Unternehmensnachfolge: Handbuch für die Praxis (gebundene Ausgabe)
Our Services in the field of Corporate and Asset Succession
» General Consulting Services in the field of Company and Asset Succession
- Status Quo Analysis: Audit and Review of Estate and Inheritance Planning, Testament / Last Will
- Preparation of Analysis of potential Inheritance and Estate Scenarios
- Analysis of potential Tax Risks and identification of other Risks and Weaknesses
- Valuation of Business and Private Assets (Real Estate, Participation) in relation to Estate and Inheritance Tax by applying established Valuation Methods
- Development of a individual Asset Planning and Succession Planning
- Development of tax optimized structures in the context of anticipated succession or inheritance (Lifetime Transfer of Assets)
- Structuring of Company Succession
- Preparatory Structuring of the Assets in regard to Optimization of Inheritance Tax and avoidance of disadvantages in the Moment of succession
- Optimization of Legal Form in advance to a Company Succession
- Tax Advise due to Succession and Settlement of Estates
- Conulstation in regard to Financing of Inheritance Tax
Our interdisciplinary Consulting Approach
Company Succession affects numerous linked Economic, Business Management, Finance, Tax and Corporate Law related issues.
Company Succession Concept = The Result of an indivual, case-oriented concept, coordinated and drafted under consideration of all relevant Stakeholders and implications. Our Specialists have expert knowledge and extensive experience in domestic and cross-border Company Successions. As required we have access to a broad Network of Experts (Lawyers, Notaries, Real Estate Experts).
The development of a Company Succession Concept - based on our long-standing experience - we specifically consider the following questions:
- Family-internal or -external Succession?
- Lifetime Succession or Succession Case of Death
- including/excluding Management involvement of the Family Members?
- transfer in return for payment, without payment or partial payment?
- Ensuring the Transfer of Assets or Company Succession for the consideration of continous benefit payments or one-time payment?