Business Succession Planning 02

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Case Study No 3 – Business Succession Planning 02

A Third-generation business house having diversified interest in Engineering, Chemicals and Financial Services. Assets spread across pan India and few international geographies. Listed companies held through a matrix of Pvt. Ltd companies, HUFS & individual name. The client was looking at a structure to consolidate the assets and avoid any future litigation.
This family had some international assets and had already set up a trust in BVI. A separate trust structure was set up to take care of India Assets.


Family Tree:


Assets:

  • 3 Listed companies with the market of 13,500/- crores
  • 12 Pvt. Ltd companies (holding the shares in the listed entities)
  • Investment companies

Family Assets:

  • Real estate properties
  • Commercial properties
  • Investments
  • Art
  • Jewelry
  • International assets

Structure:


Advantages of the Holding Company Structure:

  • Avoid cross holding between the group companies
  • Help divide the firms among the next generation later
  • Such cross holdings between the group firms have often been the bane of succession planning in many Indian Business groups and led to family disputes
  • Single holding firm
  • Transparent ownership Structure
  • Raise money to fund future expansion, by offering lenders shares in the new holding company as collateral.
  • Will give the promoters lot of options and flexibility to divide the ownership of the companies without disturbing the management of these companies

Structure:

  • Holding Company, Family Office, Family Assembly, Family council, Charitable purpose vehicles and Trust set up.
  • These Structures helps the family mitigate the tangible challenges like
  1. Ownership
  2. Control
  3. Family assets
  4. Financial security on a continual basis

Processes, Rules and Policies:

  1. Vision and mission statement
  2. Family value record
  3. Intra Family Share Holders family
  4. Dividend policy
  5. Employment Policy
  6. Remuneration Policy
  7. Code of conduct
  8. Policy dealing with conflicts of interest
  9. Charity/ philanthropy policy
  10. Education, Training and development policy
  11. New business policy
  12. Family Budget Policy
  13. Investment Policy
  14. Roles and Responsibility Policy
  15. Reporting
  16. Exit PolicyIntra Family Share Holders family