Business succession, Planning of succession and valuation of companies

In a corporate successor of the successor takes over an existing and functioning company and continued running. In this case, the corporate successor of beginning his entrepreneurial skills to the test: Its mission is to, to ensure the future competitiveness of the company, continue to satisfy existing customers, to gain new customers and to secure jobs in the company. Not an easy matter. For the great advantages of a corporate succession only come into play, if the successor company brings self-determined conditions.

Consulting business succession

A business succession is no small thing, typical questions should be reviewed and responded to:

  • What form of Underwriting Agreement (Purchase, Lease, Donation agreement)?
  • What are the legal obligations to acquire all rights and obligations under existing employment contracts of?
  • What are the legal obligations to take over the responsibility for (Old) Liabilities from?
  • What are the legal obligations to take over the responsibility for operational control of?
  • What are the legal obligations for implementation for warranty- and warranties?
  • How to make a realistic enterprise value and price to determine?
  • How can the purchase price will be financed?
  • How should the transfer phase are designed?

Typical succession problems are especially the following:

  • The purchase price is not appropriate
    • Let the price offered in each case by external experts (u.a. Association, Chamber, Auditors, Management consultant) check.
  • Financing and business plan not thoroughly prepared
    • Here, the course is set incorrectly, jeopardize the entire enterprise. Insofar expert advice must be involved as early as possible..

Planning of succession

A business succession is planned on the basis of an existing company. The successor to an accurate picture of the actual state of the company must therefore make it and so his ideas about the target state building the future development of the company, work out.

The idea, to take over a company and then rest on the laurels of its predecessor, is not realistic. To remain competitive, The company has to develop under your leadership further. Continue reading “Business succession, Planning of succession and valuation of companies”



Another focus of our consultancy lies in the representation and counseling of companies and individuals in their personal capacity issues. The transfer of assets to the next generation requires a prudent and long-term planning, the economic, must take into account legal and tax issues as well as personal circumstances. Horak Attorneys this creates all necessary contracts and legal declarations as z. B. Wills, Marriage- and trusts, corporate law rules, Donation contracts and all configurations of inter vivos. Against the background of growing state value for the succession, we consider socio,,de,The inheritance includes the legal standards on the transition of the assets of a person at death to one or more other persons,,de,Lawyers or the court,,de,The statutory inheritance of a possible spouse should be considered,,de,as it will be the sole heir anyway after the intestate succession,,de,The transfer of assets will become of social,,de- and tax aspects. In the private sector are due to changed family circumstances (non-marital partners, Remarriage, etc.), not (more) comply with the legislative model of the ideal family, develop differentiated solutions inheritance.

Das Erbrecht umfasst die Rechtsnormen zum Übergang des Vermögens einer Person bei ihrem Tod auf eine oder mehrere andere Personen. Every person has the fundamental right to inherit, So to regulate disposal of the property or other rights can sell; towards the entrance of his own death. Beneficiaries have the right to inherit.

The rules for inheritance of inheritance are, zum Testament, made compulsory part of the legacy and the. It also deals with the disinheritance and death duties and the cost of Notaries, Rechtsanwälte oder das Gericht.


Has written a will the testator, The statutory succession. This is regulated in the Law, which states, that the deceased is inherited by his relatives.

Closer relatives such as e.g.. Children and grandchildren close relatives further away such as. Nephews or nieces of the succession of. Dabei sollte das gesetzliche Erbrecht eines möglichen Ehegatten berücksichtigt werden.


A discount without an heir, there are not, because the German law always takes death, the intestate succession, as long as the testator has erected no will and no other available.

If the heir to a childless couple, for example, go to the wife, so no will is required, da diese nach der gesetzlichen Erbfolge sowieso Alleinerbin sein wird. Only when the testator has other ambitions in the transfer of the assets, is a testament required.

In the following cases the succession should be governed by a Testament or a contract of inheritance:

  • The succession is to deviate from the statutory succession.
  • It is more than just a legal heir in question.
  • Die Weitergabe des Vermögens soll aus sozialen, be influenced economic or fiscal reasons.
  • Potential changes in the genetic structure should be considered