The family businesses that survive and thrive over time are those that manage to successfully reconcile three elements: ownership, family and management. They need tailored solutions to specific situations.
The Garrigues Family Business service offers a 360º approach to a broad range of issues and to the tax and legal complications faced by both the business and the family owners. Maintaining a global perspective at all times, in keeping with the complex reality of these companies, we have a long history of providing a multidisciplinary service, working closely as a team and pooling know-how in order to refine and improve the understanding of all matters involved.
Comprehensive insight into how the business works and a particular sensitivity to inter-family relations lie at the heart of our professional approach, focused on securing the continuity of the business over time.
To ensure this, our team is made up of professionals specializing in different branches of the law and from different service areas: Corporate and M&A, Tax, Human Capital Services, Intellectual Property, Dispute Resolution, etc.
Our extensive office network ensures we are close at hand to offer high quality, innovative solutions and identify areas for ongoing improvement.
Business continuity and family succession
- Analysis of continuity scenarios and design of the family succession plan in relation to the strategic business plan.
- Family protocols setting out the code of conduct governing relations between family members.
- Design of family governance structures, namely the Family Council and Family Board.
- Succession plans.
- Mediation and dispute resolution.
- Family training: bespoke training programs.
- Setting up the family office, as a service aimed at optimizing the family wealth and using it to full advantage.
- Analysis and implementation of corporate and financial structures.
- Tax advice on transfer of ownership of the family business and the assets comprising the family wealth.
- Analysis of the tax implications of liquidity agreements reached by the family.
- Tax burden of investment and divestment structures and processes for the internationalization of the family business.
- Tax implementation of the family protocol.
Inheritance and matrimonial law
- Impact of sudden incapacity or death of family members on management of the business and on the family wealth.
- Planning as regards the economic arrangement applicable to married couples or stable partnerships and advice in relation to prenuptial and cohabitation agreements.
- Gifts of family businesses or wealth.
- Testate, contractual and intestate inheritance processes.
Corporate governance: diligence of managing bodies
- Advice on the operation of the managing body and the legal regime governing directors’ compensation.
- Definition of directors’ rights and duties, establishment of the managing body’s annual program of activities.
- Preparation of the regulations governing the operation of the managing body and the organization and operation of the shareholders’ meeting.
- Director training programs and self-evaluation processes.
- Corporate impact of the sudden absence of key members of the organization. Contingency plans.
Corporate law and commercial contracts
- Shareholders’ agreements to protect the family business and legal implementation of family protocols.
- Collaboration agreements, alliances and joint ventures.
- International business expansion.
- Sources of financing for family businesses: banks and public entities, debt issues, acquisition of stakes by financial shareholders, BME Growth (the former Spanish Alternative Equity Market), the Alternative Fixed-Income Market, etc.
- Business restructuring and corporate reorganizations, including structural modifications (mergers, spin-offs, etc.).
- Sale and purchase of family businesses.
- Plans for separation of family and business assets, and shareholder exit processes.
- Succession plans and plans for transfer of ownership.
- Shareholder conflicts or potential conflict scenarios.
Human Capital Services
- Integration of the family and business strategy into the management team professionalization process. Planning and management of organizational changes.
- Senior management compensation systems: annual variable compensation, medium- and long-term incentives, and pension and welfare systems.
- International HR management ein processes for the internationalization of the family business: expatriate workers and tax impact of assignments.
- Termination of employment contracts and contracts for services.
- Ownership and validity of company trademarks.
- Design and patent infringement disputes.
- Protection of company know-how and intellection property rights.
- Valuation of intangible assets and their co-ownership by shareholders.
- Adaptation of trademark, design and patent registrations to international expansion plans.
- Unfair advertising and unfair competition.
- Guidelines on dealing with fake news.
- Damage to the right to honor, privacy and personal portrayal (in both the civil and criminal jurisdictions). Digital reputation.