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Conception of a legal and fiscal framework

A preliminary study must describe, in detail, the judicial and fiscal framework of the solution that each of the parties have chosen to put into place after the auditing phase.

 

Based on the end goal, the challenges and the constraints of the operation, the office will:

• determine the different types of investment frameworks necessary to acquire the assets, or titles of holding companies of these assets, in order to select the structure that will optimise the return on investment

• define how the existing assets and holding structures will be managed to optimise the profitability of the transaction

• evaluate the inherent risks involved in this process and accordingly choose the most adapted and secure solutions

 

The choice of investment framework depends on:

• the client’s economic objective

• the taxation system where the investment is being made and the residence of the investor

 

Example :



Transferring the primary business to an descendent within the family circle given the presence of other possible heirs



In this type of situation, the head of the company should carefully define the economic objectives concerning the envisaged transfer of the company: to choose, or not choose, his or her successor from within his or her heirs, they also need to confirm that their actions respect the French laws requiring equality of inheritance and they must define the mode of governance for the company being transmitted to his or her successor.

 

If the head of the company considers that none of his or her heirs are able to succeed him or her, a sale of the business would be inevitable, either to a buyer, so to its employees.

 

However, if the head of the company considers that one, or several of his or her heirs are able to succeed him or her, he or she must decide if the management of the company should be reserved to the designated successor(s) or if, on the contrary, the management will be assured by the family circle.

 

Based on these objectives, the structure of the transmission of assets and mode of operation will vary.

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The interdisciplinary expertise of the Selarl Bruno Bedaride, notaire in Paris covers the following areas: corporate law, international contracts law, legal and tax advice, advice for international transmission, real estate law, family office, real estate and company finance law. We offer more particularly our services to non residents or foreign company who wish to invest, move or create a business in France.