Generational transfer, asset protection, M&A
Generational change means transferring responsibilities to the younger generation. In most cases, it does not stop there: the change of ownership with the associated challenges must also be mastered. Regardless of whether it is a family business or an agricultural operation in the legal form of a legal entity – a change of ownership is always a highly complex task in economic, tax and legal terms, which also demands a lot from those involved mentally.
Agricultural businesses can face these problems:
- A successful farm has created assets, but it is not aware of them.
- Agricultural corporations are not subject to the (tax) privileges of agricultural inheritance law.
- An approach to generational change is missing.
- The income of the past 20 years and the retirement prospects are insufficient.
- Insufficient economic results and a lack of motivation among management and staff hinder the shaping of the future.
- The successor generation in the family and business has too little equity capital and financing options.
- The regulations under company law for the transfer are completely inadequate.
- The interests of the entrepreneurial shareholders collide with those of the retired or minority shareholders.
- In about 5 to 15% of companies, a family- or shareholder-led generational change is currently realistic. The far greater proportion of companies will not be able to implement an "internal" generation change solution without developing a strategy.
In order to be able to provide comprehensive advice, we first determine the actual value of the company together with the management. If all the data is available, we can do this in two consulting days. This also includes topics such as compulsory portion and compensation claims, market value and the form of business or partial business transfer suitable for the client.
Our consulting focus:
- Valuation of the company and its asset status
- Due diligence, i.e. examination of the business documents with regard to the special requirements for subsidies and conditions imposed by the public authorities (e.g. the BVVG) as well as examination of the land lease agreements and the company pension plan
- Analysis of the company's development prospects
- Examination of the legal and fiscal framework conditions
- Moderation between owners and/or interest groups
- Cooperation with specialized consultants for agricultural law and taxes
- Cooperation with banks
- Cooperation and/or acquisition of external investors (if desired)