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

15.09.2025 | KPMG Law Insights

Bundestag adopts new battery law

On September 11, 2025, the German Bundestag passed the Batterierecht-EU-Anpassungsgesetz (Battery Law Adaptation Act) to adapt German battery law to the EU Battery Regulation 2023/1542.…

15.09.2025 | In the media

Guest article in AssCompact: Embedded insurance: prospects, obligations, potentials

Embedded insurance is on the rise. Although it offers great potential for the insurance industry, it also poses challenges. KPMG Law expert Ulrich Keunecke explains…

12.09.2025 | Deal Notifications

KPMG Law advises managing partners of Deutsche Werkstätten Beteiligungs GmbH on sale to Ateliers de France

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) advised the managing partner of Deutsche Werkstätten Beteiligungs GmbH, Mr. Fritz Straub, on the sale of a majority stake…

12.09.2025 | KPMG Law Insights, KPMG Law Insights

Key Facts about the new draft of the “Data Act

On February 23, 2022, the EU Commission presented the new draft of the so-called Data Act, the “Regulation on harmonized rules for fair access to…

09.09.2025 | Deal Notifications

KPMG Law and Tax advise Adiuva Capital GmbH with Fact Books on the sale of KONZMANN Group

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised Adiuva Capital GmbH, a Hamburg-based private equity firm (Adiuva), in connection with the…

04.09.2025 | In the media

Guest article in Unternehmensjurist: Strategically transforming legal departments: A market overview

What are in-house teams at large companies concerned about when it comes to digital transformation? Which topics will be decisive in the coming years? The…

04.09.2025 | In the media

Guest article in the Unternehmensjurist: Successful change management in the HR department

The HR department plays a crucial role in the digital transformation. It is not only affected by change, but also shapes it. Between transformation, co-determination…

03.09.2025 | In the media

Guest article in the insurance industry: Embedded Insurance – More than just a new sales channel

The insurance industry is facing a paradigm shift. Traditional sales models are increasingly being supplemented by innovative approaches aimed at facilitating access to insurance policies…

03.09.2025 | KPMG Law Insights

Supply Chain Act: reporting obligation no longer applies, sanctions reduced

In the coalition agreement, the coalition partners agreed to abolish the Supply Chain Due Diligence Act (LkSG) as part of the implementation of the…

29.08.2025 | In the media

Statement by Ulrich Keunecke on the special infrastructure fund in Politico

KPMG Law financial expert Ulrich Keunecke explains how the infrastructure special fund can be leveraged with capital from private investors. You can find the article…

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