Generationsskifte i familjeägda aktiebolag : Särskilt arv och testamente
Abstract (Summary)For natural reasons, an alternation of generation and owners happen several times during the lifetime of a company. The realization of such distribution is a large and demanding procedure. One has to do careful and advance planning. A change of generations involves large sums of money and in most cases invaluable knowledge that the next generation can administer. In order to facilitate the alternation, the younger generation should at an early stage familiarize themselves with the business.The main focus in this thesis is non-planned successions and especially the right of inheritance for the surviving wife regarding inheritance of shares in family businesses. The purpose is to show both the advantages and the disadvantages when using this method in a change of generations, and to show the weaknesses in the existing legislation.A planned succession during the lifetime of the company owner is recommendable and there are a few different methods one can apply, such as gift and exchanges of shares, internal transfer of shares, sale of shares for a price below market value and a will. All of them have their advantages and disadvantages. However, it is not a matter of course that someone in the younger generation is willing to take over the family business during the lifetime of the company owner. An alternative in that situation is to sell the company to an external buyer, something that should be planned as carefully as a succession of generation within the family. Nevertheless, for different reasons a change of generation may not happen while the company owner is alive and in those cases the law system regarding legal inheritance will occur.A non planned succession puts the whole business in an insecure situation full of risks. Suppliers, creditors and employees are all affected by the situation. By drawing up a will, the company owner can control and decide who will inherit shares from the family business. Other properties, such as a summer house or profit from the business, can also be brought up in the will. By doing that a fair economic devision can be done. In other words, the use of a will can remedy the consequences of inheritance.The law system regarding legal inheritance says that the surviving wife inherits, both martial property and private property, before joint children. It is of no importance that the children are more suitable to take over the business. When no alternations of generations have taken place during the lifetime of the company owner, the rules of legal inheritance will occur, irrespective of the circumstances in each case. However, children to the deceased outside the marriage can cause internal conflicts when it comes to the power over the company.
School:Högskolan i Jönköping
Source Type:Master's Thesis
Date of Publication:01/24/2008