Advice for family businesses

At CECA MAGÁN Abogados, we advise family businesses in which the interests and efficiency of the business are combined with the interests of the members of the family, both in their patrimonial (as partners of the companies) and professional (as managers of the companies) aspects.

The fact that this advice is approached in a multidisciplinary way, allows us to avoid that the measures adopted in any of the areas interfere negatively in the others through our anticipation of the different vicissitudes that family businesses must face, which requires a personalized analysis of each case, often simultaneously from the tax, civil, commercial and labor perspectives.

Tax Law

Specific characteristics of the tax obligations for family businesses and business families

Taxation at ownership level:

  • Wealth Tax.
  • Personal Income Tax (dividends and capital gains).

Taxation linked to the generational succession of the ownership of the family business:

  • Inter vivos transfers.
  • Succession upon death.

Taxation related to the management of the family business:

  • Personal Income Tax (compensation for the work performed by family members depending on the nature of the relationship).
  • Corporate tax (deductibility of compensation paid to family members).
  • Analysis of the most appropriate corporate structure taxwise, in terms of business management, shareholders and managers ‘s compensation, and generational transition planning.
  • Advisory services ahead of a tax inspection, which, in the case of a family business, is often performed simultaneously against the companies and the shareholders.
  • Representation and defense of the client in proceedings before the tax authorities, whether in an administrative, economic-administrative or judicial setting.

Labor Law

Specific characteristics of family businesses and recurrent issues in the labor field:

  • Family members registration with the Social Security.
  • Excluded labor relations.
  • Possible existence of commercial or top management relations with the parties being unaware.
  • Progressive retirement formulas for retiring generations.
  • Group of companies’ risk.
  • Other labor issues directly related to a family-owned business.

Abogado empresa familiar

Corporate Law

Specific characteristics and issues to be taken into consideration when advising a family business from a corporate point of view.

Implementation of the most appropriate corporate structure for the family’s projects in terms of new investments, disinvestments, internationalization, preparation of generational succession, risk limitation, etc.

  • Adjustment of the company by-laws to the Shareholders Agreements fit for public registration with the Commercial Registry.
  • Efficient organization of the companies’ governing bodies.
  • Analysis and, where appropriate, implementation of alternative financing systems (access into the Alternative Stock Market -MAB-, venture capital companies, etc.).
  • Advisory services in corporate conflicts and director’s liability.
  • Separation rights of the family business’ shareholders.

Civil Law

Matters concerning the family business from a civil law stance:

  • Succession Planning: Advice on the preparation of wills, inheritance clauses and, if necessary, succession agreements.
  • Pre-nuptial agreements.
  • Appropriate matrimonial property regimes (Marriage settlements).
  • De facto couples and civil unions.
  • Preventive powers covering cases of supervening incapacity.
  • Constitution and implementation of a Family Council.
  • Negotiation and drafting of family agreements and, where appropriate, Family Protocol.

Contact Our Lawyers Specialized in Family Businesses

Our lawyers focused on family businesses are highly specialized in all the different legal areas involved in dealing with in this type of businesses, wich usually have their own idiosyncrasy. We can provide you with a comprehensive vision and cross-sectional service in tax, labor, corporate, civil and procedural matters.

CECA's Opinion Blog

Articles related to the family business sector


Laura Guillén Fiel Laura Guillén Fiel
Laura Guillén Fiel

Laura Guillén Fiel

Labor Law and Social Security Area Director
Rocío Guerrero Jareño Rocío Guerrero Jareño labor lawyer
Rocío Guerrero Jareño

Rocío Guerrero Jareño

Labor Law and Social Security Area Lawyer