In Ceca Magán we have a strong specialization in relation to the legal advice adapted to the family business. Many companies come to the office in order to arm themselves against the different inconveniences and legal problems that take place within an organization made up of a family group.
Our transversal approach allows us to assign work groups to the different client companies, providing them with an integral vision in mercantile and corporate matters – labour – tax – civil procedural matters and in matters of new technologies.
Scope of our legal services for family businesses:
Special features of the taxation of family businesses and business families:
- Taxation related to the ownership of the company: Wealth Tax and Personal Income Tax (dividends and capital gains)
- Taxation linked to the generational succession of the family business
- Inter vivos succession
- Succession mortis causa
- Taxation linked to the management of the family business: Personal Income Tax (remuneration of work depending on the nature of the relationship) and Corporation Tax (deductibility of the expenses corresponding to the remuneration).
Special features and aspects to be taken into consideration in the family business from the corporate point of view
- The family protocol vs. Parasocial Agreements. Guidelines for establishing a relationship framework that governs the operation and professional and family relationships in the company
- Analysis and review of governing bodies. Differentiation between family council and board of directors
- Preparation for the entry of new investors in the family business
Special features of the family business and its effects from a work perspective:
- Framing in Social Security
- Excluded labour relations
- Possible existence of mercantile relations or of high direction with ignorance of the parts.
- Contractual clauses
- Group of companies risk
- Other labor issues directly related to the family business
Aspects concerning the family business from the procedural/civil area:
- Succession planning
- Suitable matrimonial economic regimes (matrimonial Capitulations)
- Premarital agreements
- Preventive powers as a solution to disability procedures
- Right of separation of partners
TECHNOLOGY, INNOVATION AND DIGITAL ECONOMY
- The digital transformation of the family business: a fundamental axis for the improvement of its competitiveness.
- Criteria and guidelines for the appropriate detection, planning and management of cyber-risks (privacy, security, cybersecurity, digital compliance, etc.)
- Protocols and good digital practices 4.0: corporate governance, managers and workers
- The Digital Transformation Delegate (DTD): a key figure in business digitisation processes
Our strong specialization in relation to legal advice adapted to family business allows us to provide a comprehensive vision and a cross-sectional service in commercial and corporate, labor, tax, procedural, civil and new technology. Do not hesitate. Trust us. Call us.