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Organizing Business Transfers
Organizing the transfer of your own company, considered as a lifetime accomplishment or as an asset, represents a major stake for any entrepreneur. Our experience, enriched by our clients’ experience, allows us to foresee all the dimensions which are key to understanding a family-owned business in its entirety.
Regardless of the circumstances, whether retirement or to pursue a new opportunity, and especially in the event of the death of the founder, the succession of a family-owned business should be planned in advance with appropriate safeguards. In general, this means determining whether the transfer will remain within the family circle.
If within the family circle, the company transfer should foresee measures with regard to protecting the control and/or value of the company both with regard to the entrepreneur and his/her family circle (in particular, by enacting various tools such as one or more so called French law “Dutreil” pacts, drafting a will or post-mortem mandate, organizing the family governance or the donation of funds, etc.), as well as structural considerations (in particular, by putting in place liquidity arrangement, structuring a family LBO or even a complex share issuance).
Outside the family circle, it becomes essential to determine the buyer (increased capital contribution from an employee of the company, sale to an industrial or financial investor, etc.), as well as foreseeing the treatment of directors and executives of the company who have a capital interest in the company.
OPLEO Avocats helps entrepreneurs plan and define beforehand, and then structure and implement the different aspects of a company transfer, while taking into account the interests of the entrepreneur ceding his company as well as the buyer.
The pooled talents of our teams in trust and estate law, company law, tax and labor law, as well as our thorough knowledge of the challenges facing entrepreneurs, allows us to provide original tailored solutions when confronted with the issues of a company transfer.