In an often complex environment (“Family Business“) where the qualities of family member, shareholder and/or owner can be combined (or not), we provide Executive Management and their families with tailor-made structuring solutions to secure and/or transmit all or part of the family estate (including the business or not), to plan a disposal or succession between generations, to optimise personal investment projects or to ensure the long-term ownership of the company by organising its governance, the liquidity of non-operating partners and more generally to prevent conflict within families.
We deliver support based on understanding the different life cycles of Management and their families, on the development of their aspirations and professional and personal objectives.
These solutions depend on a combination of tools taken from corporate law, civil law, and tax law, such as:
- Limited legal and fiscal review of estate structuring
- Succession planning
- Production and oversight of “Dutreil Agreements”
- Structuring and execution of free transfers, split and/or trans-generational donations, with or without charges for the benefit of the donors
- Organisation of articles of association, production of shareholder agreements, restructuring of company organisation charts (merger, spin-off, partial asset contribution, etc.)
- Organisation of family governance, notably through the implementation of family charters, family meetings, family councils or one-off committees
- Leveraged family operations (OBO, FBO)
- Issue of preference shares or complex securities to initiate the transfer of ownership, while maintaining a certain degree of control over the company
- Structuring of philanthropic actions in a context of estate planning (endowment funds, French and foreign foundations, etc.)
Preliminary studies produced by Akilys teams usually include tools to model the effects of the recommendations made, to ensure that personal, family, and estate objectives are consistent with the company’s operational management imperatives.