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BARROSOADVOGADOS

Corporate and Company Law

Holdings and Family Succession

Asset structuring and succession planning for business-owning families.

Wealth built over decades is usually spread across individuals, real estate and equity interests, with no structure that answers what happens when its holder dies or steps away. Succession planning organizes that transition while there is still family consensus to decide.

Situations the area handles

  • Substantial assets with no defined structure for their transfer.
  • Family company with no rule on the entry of heirs into management.
  • Estate proceedings that freeze a company's operations for years.
  • Disagreement among heirs over the fate of assets or of the business.
  • Assets acquired during marriage without a defined marital property regime.
  • Gift with reserved usufruct lacking an adequate protective clause.

What the work produces

  • Formation of asset or family holding companies with their own bylaws and agreement.
  • Contribution of assets to capital and analysis of the tax consequences.
  • Gift of quotas with reserved usufruct and clauses of incommunicability, exemption from attachment and reversion.
  • Wills and prenuptial agreements coordinated with the corporate structure.
  • Family protocol with rules on governance, management succession and conflict resolution.
  • Estate proceedings and division of assets, judicial or extrajudicial.

When to seek it

While the holder of the assets can still take part in the decision. Once succession opens, the available alternatives are substantially fewer and the tax cost is rarely the same.

Talk about holdings and family succession

Describe the transaction and the stage it is at. The reply indicates what needs to be verified before the decision.