Family businesses play an important role in Spain from both the economic and the social standpoints. This is borne out by the national wealth they generate and the many workers they employ. Nevertheless, a substantial proportion of family businesses do not survive beyond the second or third generation.
The family businesses that have achieved steady, consolidated growth over time are those who have known how to combine the three mainstays of any family business: ownership, the family and management.
Accordingly, family businesses need unique responses to specific situations. They require a global approach that adapts to the complexity of their reality.
At Garrigues, we have a lengthy history of providing multidisciplinary services, offering expert tax and legal advisory services to family businesses. To do so, a complete understanding of how the business works and a particular sensitivity to inter-family relations lie at the heart of our professional approach. Our close proximity to clients thanks to our extensive office network and our steadfast commitment to quality and client service further supports this.
FAMILY BUSINESS SUCCESSION:
- Analysis of continuity scenarios and design of the family succession plan in relation to the business strategy plan.
- Preparation of family protocols as framework agreements that establish the code of conduct that regulates family members' relationships with the business from the standpoints of governance, management and ownership.
- Design of family governance structures, mainly the family meeting and family council.
- Preparation of succession plans aimed at establishing the principles that will govern the generational handover.
- Mediation and dispute resolution.
- Training sessions for the family, through the design of customized training programs based on the features and interests of each family group.
- Establishment of the family office as a service for the optimization of, and the search for greater efficiency in, returns on family assets.
- Analysis and establishment of corporate and asset structures that reduce and adapt the taxation of family businesses and family entrepreneurs to tax incentives and the current legislation.
- Advice on the tax implications of establishing the family office.
- Tax analysis of and advice on the transfer of ownership of the family business.
- Comprehensive and ongoing advice to family businesses.
- Analysis of mechanisms for obtaining liquidity.
- Tax analysis of investment and divestment structures in the family business internationalization process.
- Advice on the application of tax incentives to philanthropic activities.
- Tax execution of the family protocol.
INHERITANCE AND MATRIMONIAL LAW:
- Analysis of the impact of the unexpected disability or death of certain members of the family on the management of the business and family assets.
- Planning for the management of the business and assets in the event of unexpected disabilities.
- Succession planning in the event of death, in relation to asset transfers and the asset management system.
- Planning for the economic arrangement applicable to marriages and stable unions, as well as advice on potential prenuptial agreements.
- Advice on the opening of testate, contractual and intestate successions at both international and local level.
- Planning for and advice on gifts of companies or family assets in relation to asset transfers and the asset management system.
CORPORATE LAW AND COMMERCIAL CONTRACTS
- Preparation of shareholders' agreements aimed at protecting the family business and legal implementation of family protocols.
- Collaboration agreements. Alliances and joint ventures at both domestic and international level.
- Legal advice on business internationalization both in terms of set-up (representative office, branch, company, company acquisitions, etc.) and in terms of contractual formulas (sale and purchase, supply, agency, distribution and franchise, etc.).
- Legal advice on the financing of the family business: bank financing or from public entities, debt issues, acquisitions of stakes by financial shareholders, Alternative Stock Market (MAB), Alternative Fixed-Income Market (MARF), etc.
- Business restructurings and corporate reorganizations, including transactions involving structural modifications (mergers, spin-offs, etc.).
- Advice on and execution of processes for the sale and purchase of family businesses.
- Ongoing advice to large businesses and high net worth clients, including board secretary services.
- Design of business governance structures and establishment of corporate governance and preventive risk control standards.
- Design and execution of family and business asset separation plans.
- Execution of succession plans and ownership transfers.
- Design and execution of shareholder separation processes.
- Legal advice on cases of shareholder disputes or potential disputes.
- Establishment of the family office.
FAMILY BUSINESS PROFESSIONALIZATION (HUMAN CAPITAL SERVICES):
- Integration of family and business strategy into the management professionalization process. Planning for and management of organization changes.
- Definition and application of target-based annual variable compensation systems.
- Design and implementation of medium- and long-term incentives.
- Design of executive development plans.
- Design of compensation systems linked to the retirement of family business executives.
- International HR management in family business internationalization processes: Design of expatriation and tax optimization policies for international assignments.
- Comprehensive advice on terminations of employment and independent contractor relationships.