Wealth without structure isn’t a problem – until something changes. And then, one change is all it takes for the problem to arrive. Let’s start with a model situation. Pavel and his brother Martin spent twenty years building a manufacturing company with revenue exceeding CZK 200 million. The business runs well. But Pavel wants to step away in five years, while Martin wants to continue. Pavel’s children are interested in a stake; Martin’s, not yet. And all the assets – the company, three properties, financial reserves – sit in one pile, without any clear structure.
What would happen if the two brothers couldn’t agree? Who would have the right to sell what? How would the stake be valued? And who would pay the taxes? This situation isn’t unusual. It’s an exact description of what a family business without structure looks like the moment a key decision arrives.
WHY DOES THE ABSENCE OF STRUCTURE HURT MOST DURING A CRISIS?
As long as the business is growing and relationships are working, the absence of structure doesn’t matter. Problems arrive at the moment of change – when one owner departs, when a new generation joins, during a sale, or when an unexpected event occurs.
That’s when what’s missing becomes clear: clear ownership relationships, a tax-efficient way to transfer a stake, protection of assets from business risks, and a mechanism for decision-making when co-owners disagree.
Asset structuring doesn’t solve these problems once they’ve already occurred. It sets up a framework that prevents them.
POSSIBLE SOLUTIONS
Back to Pavel and Martin. After analyzing the situation, a comprehensive approach would include several steps:
- Holding structure – the company would be placed under a holding company, separating operational risks from family wealth. The real estate would be carved out into a separate entity – protected from any potential business liabilities and managed more tax-efficiently.
- Setting ownership rules – an agreement between co-owners would clearly define the conditions for buying out a stake, the valuation method, and the rights of each party. Pavel would have a clear path to exit. Martin would have certainty that the business wouldn’t pass to someone he doesn’t want there.
- A succession plan – the involvement of Pavel’s children would be addressed separately – with clearly defined entry conditions, management rules, and a plan for intergenerational transfer that doesn’t jeopardize the running of the business.
- Tax optimization of the whole process – every step – contributing assets to the holding, transferring the stake, future dividend payouts – would be planned with tax implications in mind. Not reactively, but as part of an overall strategy.
WHAT DOES THIS REQUIRE?
Asset structuring isn’t a one-time action. It’s a coordinated process that links the legal, tax, accounting, and strategic levels – and requires all these areas to speak the same language.
That’s precisely the approach we provide as part of our family office services: one team, one coordination, clear rules. Lawyers, tax advisors, accountants, and transaction specialists work on a single case together – not each on their own separate piece.
The result isn’t just the right structure on paper. It’s a functioning system that adapts to the family – and holds together even when change arrives.
Do you want to know what asset structuring could look like in your situation?
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Mgr. Ing. Marek Švehlík
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