HOLDINGS ENTERPRISES
EMPRESAS HOLDINGS
Estratégias Societárias, Tributárias e Sucessória
The Holding companies, generally, have the object participate in other companies as partners or shareholders , through the control of another company at the convenience of each case before a specific context of corporate and tax archetype.
The Holdings Companies can also contribute as a planning tool for cost reduction, efficiency and effectiveness in the administrative organization of the business.
Likewise the Holdings Companies makes it possible to conduct a succession planning of business activities safely, avoiding losses and establishing preventive rules of internal and external conflicts.
In this respect the establishment of a HOLDING COMPANY should be well planned by entrepreneurs.
The results appear immediately.
For family businesses is interesting to establish a holding company for turning parts of a family of companies in an economic group, enabling better management, planning and control, particularly succession.
On the other hand, it also avoids a costly court process inventory, which become extremely slow and it reflecting negatively on the development of company.
The alternative of the judicial process is more expensive, complicated, and it takes too long to resolve.
Also, the administrative process procedure through a HOLDING COMPANY, contrary to the judicial one, makes the succession process more straightforward and less onerous.
For this goal to be achieved is required a planning to demonstrate how to make a succession planning in a patrimonial society to achieve of the tax benefits provided by this type of company, while analyzing case law and arguments for and against this type of planning succession in our the Higher Courts.
In succession planning through the Holding Company, the assets are divided according to the will of the head of the family, so, without further conflict following the death.
Also, it is worth remembering that in succession planning is prevent the transfer of assets to future heirs, based on goodwill and not legally, avoiding later conflicts between ascendants and descendants or other partners, on the death of one of the parties involved.
It is also worth remembering that in the succession planning be avoided transferring assets to future heirs, based on good will and not in legal way, avoiding later conflicts among ascendents and descendents or others partners on the occasion of the death of a parties involved.
Summary of reasons for a planning through a Holding Company
Adjustment of interest among the heirs in the administration of the goods, especially, when those assets are part of the composition of a corporation or other types of partnerships in general.
Organization of properties, in order to facilitate its administration, disassociating itself with clarity the asset of the company and the family heritage.
Prepare during the life the succession of particular goods and the family business, avoiding the loss of continuity in the management of the family. business, as well as the costs and time required to inventory.
Asset Protection of company and family assets, in the face to third parties.