Business Succession Planning
Planning for the future of your company is essential to guarantee its long-term success and continuity. It is also important to prevent potential disputes among successors during the business owner’s lifetime. For this reason, many entrepreneurs choose to resort to family agreements governed by Articles 768-bis et seq. of the Italian Civil Code.
The team at Oracle Solicitors specialises in business succession and offers legal services aimed at supporting our clients in advance planning of all legal and administrative aspects through strategic planning.
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FAQ
Effective planning requires in-depth analysis of various legal aspects, including real rights, corporate governance, contractual obligations, intellectual property rights, and due diligence. With our experience and know-how, we can offer personalised legal solutions aligned to your specific objectives and needs.
To ensure optimal results, we also provide cross-functional expertise by collaborating with financial advisors, accountants, and other professionals.
Business succession planning refers to the process of transferring ownership and management of a company from one generation to the next.
This transfer is considered crucial because it reduces disruptions, mitigates risks, and provides a clear roadmap for the future, allowing for a transition that preserves the company's value and legacy.
Under Article 768-bis of the Italian Civil Code, a family agreement can be generally defined as a contract through which a business owner ("disponente") assigns the ownership of a company or shares to one or more of their descendants ("assegnatari"), who simultaneously, within the same economic transaction, provide a payment corresponding to the value of the shares indicated in Articles 536 et seq. of the Civil Code, to the "non-assignee legitimate heirs."
Determining how the transfer of ownership and management will occur, whether through sale, inheritance, or a buy-sell agreement, requires careful legal and contractual structuring.
It is crucial to ensure that corporate governance structures are in place and that shareholder agreements address voting rights and dispute resolution mechanisms to maintain stability and clarity during the transition.
Additionally, support from professionals who can advise on the best tax strategy is necessary. We work alongside experts to ensure that transfer procedures comply with tax regulations.
During business succession planning, it is vital to maintain the company's competitive advantage and protect its intangible assets, such as intellectual property rights, including trademarks, patents, copyrights, and trade secrets.
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Via Benedetto Brin 55
Scala B, Interno A13
80142 Naples
Italy
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