Table of Contents
In the heart of every family-owned business is a unique story. Family enterprises are often passed down through generations or can represent new bonds. Yet, amidst the unique legacies and traditions lie crucial legal considerations. Such considerations can be vital for sustainability and dispute resolution. This article explores six essential legal considerations that contribute to the longevity and compliance of family-owned businesses.
1. Establish the Ownership Structure
A common point of contention in family-owned businesses stems from unclear ownership structures. Having a transparent ownership structure is critical for legal and tax reasons.
It is also crucial to choose the right legal structure for the business. There are several structures available, including the following:
- sole proprietorship;
- partnership; and
- limited liability company (LLC).
Family businesses are just like any other business in terms of legal structure. You should give plenty of time and attention to choosing an appropriate structure. This decision affects the business owners:
- rights;
- liabilities; and
- obligations.
Many family businesses operate as partnerships or LLCs, but every family business, just like every family, is unique.
2. Stakeholder Clarity
In addition to establishing a transparent ownership structure, you should identify others with a stake in the business. These can include other family members who have invested, friends, creditors, and other parties with interests in the business.
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3. Develop a Family Constitution
Establishing a family constitution is vital in protecting the business. The constitution outlines essential processes, such as how your family will make decisions and resolve disagreements. Within the constitution, you should set out:
- roles and responsibilities;
- governance structures, including a decision-making framework;
- how the business can assess and implement new ideas; and
- a clear dispute resolution framework.
Establishing mechanisms for resolving conflicts is particularly important, even if you do not foresee a dispute arising. Whether you choose to use methods such as mediation or arbitration, effective planning is essential for preserving familial harmony and safeguarding business continuity.
4. Succession Planning
Any business owner wants their business to continue indefinitely, sustaining itself over time. A vital aspect family business owners must consider is succession planning. You should consider who will take over the company.
Many family business owners envision the business remaining in their families. However, matters such as divorce, retirement and death can compromise family control and result in complex legal situations. In light of this, you should develop a detailed succession plan.
Start by communicating with the family members who have a direct interest in the business. Within this communication, establish their thoughts on succession. You might consider aspects such as skill level, experience and the business’s culture when planning for long-term sustainability. Consider whether external hires would benefit longevity.
5. Employment Considerations
Whether the business recruits family members or hires externally, your business needs to follow fair recruitment and employment practices. Avoid informality and ensure appropriate employment contracts are in place no matter who a new employee is. You should stipulate payment and promotion structures and set out clear dismissal policies.
Also, during recruitment, focus on hiring the best candidate rather than choosing somebody you feel obliged to employ.
6. Seek Legal Advice
Safeguarding a business’s interests involves careful planning. Close familial bonds can lead to oversight in essential areas of family businesses, which can often leave them unprepared when a dispute arises. It is an excellent idea for family businesses to seek legal advice. Doing so can provide independent guidance and help mitigate risk.
For example, a lawyer can advise your family on suitable business structures, ensuring you can make an informed decision. They can also help you develop a lasting succession plan that protects your business’s interests long into the future.
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Key Takeaways
Family-owned businesses carry the same legal complexities as other businesses but with the added complication of family relationships. Legal issues can arise from family-owned businesses for many reasons, including a lack of formality in agreements.
This article has discussed critical legal considerations for family-owned businesses, including the following:
- establishing a transparent ownership structure;
- choosing an appropriate business structure;
- clarifying stakeholders;
- developing a family constitution that sets out aspects of the business, such as roles, responsibilities, and a dispute resolution procedure;
- creating a lasting succession plan to ensure the longevity of your business;
- ensuring you have clear employment contracts, no matter if an employee is a relative or an external hire; and
- seeking legal advice to mitigate risk, ensure compliance, and inform decisions.
By addressing these legal considerations, family-owned businesses can navigate the complexities of the business landscape and safeguard their legacies across generations.
If you run a family-owned business and would like legal advice, our experienced startup lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today at 0808 196 8584 or visit our membership page.
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