Topics

Management and control after transfer

After business succession it must be clear who manages the business, who approves important decisions and which control rights remain with the transferring generation or minority shareholders.

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Define operational management

The new management structure must fit the business reality. Sole management, several managers or external managers raise different control issues.

  • Define future management
  • Clarify representation powers
  • Limit transitional roles

Define approval requirements

Control only works if transactions requiring approval are clearly described. Requirements that are too broad block daily work, while narrow ones may not protect enough.

  • Capture investments
  • Regulate borrowing
  • Secure sales of major assets

Document control rights

Reporting duties, inspection rights and advisory boards must match the ownership structure. This keeps information and responsibility distinct.

  • Set reporting dates
  • Limit inspection rights
  • Align advisory board or shareholder rights

Liability and conflicts of interest

Whoever manages carries responsibility. Resolutions, instructions and potential conflicts should be documented so they remain traceable later.

  • Record resolutions
  • Disclose conflicts of interest
  • Explain duties of care
01

Typical client questions

  • Can the transferor keep control rights after the handover?
  • Which transactions should require approval?
  • How do we avoid management deadlocks?
02

Preparation checkpoints