Search
Contact
03.06.2021 | KPMG Law Insights

Clever succession planning through successive business transfer

Clever succession planning through successive business transfer

Business does not need to be handed over in one fell swoop + Different models possible for gradual transition + Well thought-out design allays business owners’ concerns about transfer to the next generation

Dealing with age, passivity and death discourages many business owners from addressing the issue of succession planning in a timely manner. In addition, there is not infrequently the notion that a company handover must be “all or nothing”. However, German law offers a wealth of opportunities and great flexibility to gradually introduce successors to future tasks and the responsibilities that go with them. This can also be attractive from a tax perspective.

Here are some examples of succession design:

Maintain entrepreneurial influence

Depending on the wishes and possibilities, the entrepreneur can continue to exert influence during the gradual handover. In the case of succession within the family, this can be done, for example, by only partially transferring the assets, taking advantage of the gift tax allowances. Through a multiple voting right or an irrevocable proxy by the donated children, the donor still retains his strong position.

Further profit sharing possible

In many cases, entrepreneurs may wish to transfer shares to the next generation during their lifetime, but the profits are not yet to flow to the donees, or not in full. Here, for example, the donor can have usufruct granted on the company shares given away and thus receive the profits after the gift. Pension solutions are also conceivable, in which the donor receives a recurring monthly payment regardless of the company’s success.

Ripcord recovery right

German law offers the possibility of being able to pull the “ripcord” in the event of a transfer by agreeing a right of recovery. This has several advantages for the Schenker. In this way, the donees will take the agreements from the gift contract and their new role as shareholders seriously. Otherwise, there is a risk that they would have to return their shares in the company. In addition, the entrepreneur can relax when it comes to succession planning. Because if things turn out differently than hoped and agreed, he can correct his decision.

Conclusion: By wisely structuring the transfer of the business, the parties involved can ensure that the next generation is gradually involved. In this way, entrepreneurs can make provisions for the future without suddenly having to hand over all the reins.

Explore #more

22.01.2025 | KPMG Law Insights

The EU packaging regulation sets strict requirements for packaging

The EU has adopted the Packaging Regulation. After the European Parliament adopted the Commission’s draft on April 24, 2024, the EU member states also approved…

09.01.2025 | In the media

KPMG Law strengthens Legal Transformation Managed Services and Legal Corporate Services with two new senior managers

On January 1, KPMG Law strengthened its Transformation Managed Services practice with Jana Sichelschmidt and its Corporate Services practice with Dr. Michaela Lenk. Both are…

06.01.2025 | Deal Notifications

KPMG Law advises on the sale of Käppler & Pausch GmbH

Gabriel Pausch, the co-founder and main shareholder of Käppler & Pausch GmbH, a system supplier for metal assemblies as well as metal and sheet metal…

03.01.2025 | In the media

Interview in Betrieb on the EU money laundering package and its impact

The EU anti-money laundering package harmonizes anti-money laundering and counter-terrorism rules in Europe and introduces new measures such as cash limits of €10,000, identification requirements…

02.01.2025 | In the media

KPMG Law Statement in eMagazin Immobilienanwälte: Creativity meets law in trademark protection

Four Frankfurt, Elbtower, Vonovia: real estate projects and companies are backed by constructs worth millions or even billions. In order to stand out from the…

20.12.2024 | Deal Notifications

KPMG and KPMG Law supported the sale of circular Informationssysteme to the teccle group

Together with the corporate finance/M&A advisors of KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG), KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) advised the shareholders of circular Informationssysteme GmbH (circular)…

19.12.2024 | Press releases

KPMG Law defends Federal Motor Transport Authority against claim for damages in connection with the emissions scandal

The state is not liable to vehicle purchasers for damages. KPMG Law has defended the Federal Motor Transport Authority (KBA) against a civil plaintiff’s state…

18.12.2024 | KPMG Law Insights, KPMG Law Insights

MiCAR – What the new EU regulation means for crypto service providers and issuers

An EU regulation will soon come into force that will regulate crypto assets uniformly throughout Europe. It contains significant new obligations for issuers and crypto…

16.12.2024 | Deal Notifications

KPMG Law advises CERTANIA Holding GmbH on the acquisition of RASG Holdco Ltd.

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) has provided legal advice to CERTANIA Holding GmbH, a platform of the Munich-based PE firm Greenpeak Partners, on the…

04.12.2024 | Deal Notifications

KPMG Law and KPMG advises Brain Biotech AG on license agreements and monetization of license rights

KPMG Law Rechtsanwaltsgesellschaft mbH and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised Brain Biotech AG on the monetization of licensing rights with Royalty Pharma and the conclusion…

Contact

Lars-Alexander Meixner

Partner
Mannheim Site Manager

Glücksteinallee 63
68163 Mannheim

Tel.:
lmeixner@kpmg-law.com

Mark Uwe Pawlytta

Partner
Head of Succession and Foundation Law

THE SQUAIRE Am Flughafen
60549 Frankfurt am Main

Tel.: +49 69 951195012
mpawlytta@kpmg-law.com

© 2024 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll