The Law Firm provides comprehensive legal services regarding the succession in family businesses, i.e. the business transfer (individual /one-man/ business activity or a company/partnership) to the next generation, including personal property. Due to the interdisciplinary nature of the succession process, the Law Firm cooperates, if necessary, with business and financial advisory firms specialising in such processes.
Areas of practice
Our consultancy services in this area includes advice at the stage of both succession planning and implementation of the succession strategy determined by the Client or developed in consultation with the Client.
Depending on the needs of the Client, such advice may include:
- analysis of the current legal situation of the company (group of companies) as for their further existence and operation in the event of death of one or more co‑owners or any occurrence temporarily preventing them from acting (accident or disease),
- development of a plan of individually tailored legal solutions meeting the succession plan assumptions, with e.g. tax aspects taken into account,
- transformation of the form of business, reorganisation of the capital structure of shareholders and companies as well as drafting amendments to the provisions of the existing Memoranda and Articles of Association, including those regarding the manner of representation and the continuation of the company’s operations in the event of death of its shareholder/partner,
- drafting of all the documents required to implement the succession plan, e.g. sales agreements, deeds of gift, shareholders agreements, heirs agreements, powers of attorney,
- drafting of last wills and testaments of business owners and family members, with succession planning instruments taken into account, including testamentary legacies, absolute legacies, testamentary instructions or substitutions.
We offer legal assistance with succession and division proceedings as well as repayments, settlements and reserved portions.
Furthermore, we provide professional legal services related to individual legal issues arising in connection with death and addressed both after death or in order to regulate them in advance in case of death. Within the aforementioned scope, we offer, inter alia, assistance with actions taken before a notary public, representation before courts and drafting of documents, including in the proceedings for opening of succession, judicial certificate of estate acquisition and estate division.