Family governance

Writing the rules, making them enforceable.

A family business is not passed on through deeds and tax allowances alone. It lasts if the family has agreed on how it makes decisions, on each member’s place and on what happens in the event of disagreement.

These agreements often remain verbal, or are set down in a charter that no one can enforce. The firm supports family dialogue and the preparation of the next generation, then turns the agreements reached into enforceable rules: articles of association, shareholders’ agreements, estate provisions and, where useful, fiducie (French trust).

The situations we handle

The founder is preparing their succession and the children have neither the same plans nor the same expectations.
Part of the family runs the business, while another part remains a shareholder with no role in it.
The company needs to open its capital to a fund to finance its growth.
Family members live in several countries, notably Belgium, Switzerland or Luxembourg.
A disagreement between family shareholders threatens the running of the business.
The business owner wants to know who will decide if they are incapacitated tomorrow.

A first step

A first confidential meeting lets us take stock of your family’s situation: book an appointment.

Our next meetings of business owners on family governance: Brussels, February 2027, by invitation.

How we support you.

Assessment

Individual interviews with family members, and a review of the existing articles of association, agreements and estate provisions.

Stress test

We check how these documents hold up against four breakdown scenarios: incapacity of the business owner, disagreement, departure of a shareholder, divorce.

Drawing up the rules

Through working sessions with the family, the family charter sets out the values, roles, decision-making methods and the preparation of the next generation.

Giving the rules force

Each rule in the charter is tied to the document that makes it enforceable. The governance is then reviewed at each family or capital event.

The instruments

A shared vision and shared values: family charter, family council.
A decision binding on all shareholders: articles of association, family shareholders’ agreement, active holding company.
Continuity in the event of incapacity or death: lasting power of attorney, posthumous mandate, provisions in the articles.
Neutrality in holding and managing the shares: management fiducie, with the firm able to act as fiduciary.
A balanced transfer between the children: donation-partage (lifetime gift and division), balancing payment, holding commitment (Dutreil agreement).
Opening the capital without dividing the family: family agreement prior to the investor agreement.
An organised exit for any shareholder who wishes to leave: approval, pre-emption and liquidity clauses.

Your team

The same team supports the family from start to finish:

family dialogue: assessment, individual interviews, family working sessions, support for the new generation;
giving the rules force: review of the documents, drafting of the articles of association, agreements and estate provisions, fiducie where appropriate, defence of the family in the event of a dispute.

It is led by Cédric Dubucq, partner and fiduciary lawyer, with Anthony Roustan, tax partner. Depending on the family’s needs, it works with chartered accountants, notaries and wealth management advisers.