Succession and Legal Planning 

Secure succession and protection of family assets

Passing down assets to the next generation is one of the most important moments in an entrepreneur's life. At ATF Family Office, we help plan the succession process in a thoughtful, safe, and legal manner.

Our success and legal advisory services cover both asset and organizational matters, ensuring a smooth transfer of responsibility to successors and the preservation of the continuity of the company and family foundation. 

Basic support scope 

Creation and amendment of family foundation statutes.
Advising on the determination of beneficiaries and payout rules.
Family succession planning (securing the business and family assets).
Consulting on the relationship between a family foundation and its subsidiaries (holding companies, operating companies).
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Who do we dedicate succession and legal planning services to?

This is the solution for families and entrepreneurs who want to securely transfer their ordered assets, ensure business continuity, and provide peace of mind to their loved ones.

Succession and legal planning at ATF Family Office is a process of building stable foundations for family wealth with the safety of the founder, their loved ones, and future generations in mind.

Our activities combine legal, tax, and organizational perspectives, providing comprehensive support at every stage of the establishment and operation of a family foundation.

Step 1

Understanding the goals and structure of a family estate

  • We are discussing the values that the founder wishes to preserve and pass on to future generations.
  • We are analyzing the asset structure, assets subject to succession, and existing legal and business ties.
  • We are setting the foundation's goals and priorities for asset protection.
Step 2

Succession Planning and Legal Solutions

  • We are preparing a draft of the family foundation's statute and advising on the determination of beneficiaries and payout rules.
  • We indicate the optimal model for connections between the foundation and operating or holding companies.
  • We are developing a succession plan that takes into account asset, tax, and corporate matters.
Step 3

Implementation of a family foundation and formal support

  • We assist in the process of registering a family foundation in the National Court Register.
  • We are coordinating the preparation of documentation and necessary resolutions.
  • We provide support in communication with legal advisors, notaries, and supervisory authorities.

Ensure the future and stable operation of your foundation.

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FAQ

We know that establishing and running a family foundation is a big responsibility.

This tool is for asset protection, succession planning, and orderly management of family finances. It is useful when you want to separate private assets from business assets, maintain long-term control of the company, and ensure clear rules for beneficiary benefits.

The act provides for tax preferences at the foundation level and special rules for taxing benefits for beneficiaries. In practice, a well-designed structure allows for reducing tax burdens, avoiding double taxation, and safely planning payouts. The key is to tailor solutions to the asset profile and family plans.

Taxation depends, among other things, on the degree of kinship, the source and type of benefit, and the foundation's internal documents. The standard practice is to prepare a benefits policy and a payment schedule to take advantage of available preferences and not lose exemption rights.

The foundation is a taxpayer and subject to general rules, but some of its income may benefit from preferences. The scope of CIT/VAT obligations results from the type of activity (e.g., rental, dividends, asset disposal, services). Therefore, before each transaction, we assess the tax consequences and prepare a secure settlement model.

The catalog is limited and focuses on asset management, investing, and activities supporting the statutory objectives. „Operational” activities should remain within the portfolio companies. The foundation acts as the owner and supervisor of these companies.

First, we design the charter, the list of beneficiaries, and the benefit rules. Then, we complete the documents, contribute assets, and submit the application to the registry. After registration, we implement accounting policies, compliance procedures, and establish the reporting calendar. We manage the entire process „end-to-end,” including remotely.

The costs include: court and notary fees, legal and tax advisory services for establishment, ongoing accounting and reporting services, tax advisory services, and (if needed) a family foundation audit. We always prepare a transparent, individualized quote.

As a rule, the management board operates, and the articles of association may provide for additional supervisory bodies. Key elements include: clear competencies, resolution-making procedures, a stakeholder register, and well-described compliance processes. This ensures that decisions are predictable and legally sound.

Various assets (shares, securities, real estate, rights) can be contributed to a foundation. Each transfer should ideally be preceded by a CIT/PIT/VAT analysis and a review of agreements and collateral. We prepare an asset contribution plan that is tax-efficient and formally secure.

We begin with a review of the books, verification of documents (articles of incorporation, resolutions, contracts), tax tests (corporate income tax, VAT, benefits), and assessment of procedures. We conclude with a report containing recommendations and the implementation of corrections so that the foundation is ready for an audit and maintains the continuity of its tax preferences.

We're happy to solve your problems

Contact us using our contact form and let's start collaborating.

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