Business succession

Business succession

 

Legal Horizons specializes in ensuring the continuity of a company after the death of its owner or their decision to transfer the business to their successors. Due to the specific nature of succession, our advice focuses on three separate areas:

 

Succession of sole proprietorships

Due to the specific nature of sole proprietorships, in which the entrepreneur and the company are inseparable, it is necessary to properly plan and implement succession mechanisms to avoid uncontrolled termination of business or loss of company value. Our law firm offers comprehensive legal advice on the succession of sole proprietorships, providing owners and their families with secure and lawful solutions that enable a smooth transfer of the company to the next generation or selected successors.

The scope of our services includes, among others:

  • Succession planning and selection of the optimal form of company transfer.
  • Establishment of a succession board.
  • Advice on business inheritance and protection of the interests of heirs
  • Advice on the contractual division of inherited assets, including the business.
  • Transformation of a sole proprietorship into a company.
  • Advice on the sale of the business to successors or investors.
  • Protection of the entrepreneur's assets and tax planning.


Succession in commercial law companies:

Our law firm provides comprehensive legal and strategic advice on the transfer of management and ownership in capital and partnership companies. We provide our clients with professional services in succession processes, protecting the stability of the business and the interests of partners, management boards, and heirs.

Scope of services provided:

  • Analysis and design of comprehensive succession structures in limited liability companies, joint-stock companies, and partnerships;
  • Preparation of legal documentation concerning succession (agreements, wills, statutes, resolutions of shareholders' meetings, notarial deeds).
  • Tax advisory and tax optimization of succession processes.
  • Conducting legal audits of companies to identify potential risks related to succession.
  • Negotiations between parties involved in succession (shareholders, owners' families, company management boards).
  • Advising and representing clients in court proceedings concerning succession disputes.
  • Training and workshops for management board members and successors on effective and proper management of companies after succession.


Family Foundation:

Ensuring the sustainability of a family business and securing assets for future generations are key challenges for every entrepreneur. Our law firm offers comprehensive legal advice on business succession, specializing in modern solutions, including in particular the creation and operation of Family Foundations – an effective tool for protecting and managing assets and achieving long-term family goals.

The scope of services provided includes:

  • Strategic advice on succession planning.
  • Establishment and registration of Family Foundations.
  • Comprehensive legal services for Family Foundations.
  • Asset management and protection.
  • Advice on transferring assets to future generations.
  • Representation in disputes related to the activities of the Family Foundation.

 

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Frequently asked questions

As a rule, the business ceases to exist, but it is possible to continue it temporarily by appointing a succession manager.

This is a person who temporarily manages the enterprise after the death of the entrepreneur. They may be appointed during the entrepreneur's lifetime or, in certain cases, after their death by their heirs.

As a rule, up to two years after the death of the entrepreneur (in exceptional circumstances, the court may extend this period to five years).

It depends on the type of contract. In many cases, they can be continued within the company that inherits the business, but some expire.

If succession management has been established, employment contracts may be continued. Otherwise, employment relationships generally expire.

During the period of succession management, the company operates as a “company in succession,” using its existing tax identification number.

Most often by appointing a succession manager, drawing up a will, and organizing the company's financial and organizational matters.

Not directly. The heir may continue the business, but must register their own business and settle the deceased's financial affairs.

Yes, but this requires the cooperation of the heirs and compliance with specific legal procedures.

Yes. In a sole proprietorship, the business is closely linked to the entrepreneur, while in companies, different rules apply to the continuation of business activities.

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04-02-2026
How to set up a family foundation? A step-by-step guide