How to open a family holding company?

Opening a family holding company is a matter of interest to many families looking to protect and manage their assets efficiently.

Setting up a family holding company offers several benefits, such as centralizing asset management, facilitating succession planning and tax optimization. However, the creation of this corporate structure requires planning and the guidance of specialized professionals.

 

 

In this article, we will present the fundamental steps for opening a family holding company, highlighting the advantages and the legal and tax aspects that must be taken into account to ensure the success and security of your family's assets.

 

What is a family holding company?

 

One family holding company is a corporate structure created with the aim of administering and managing a family's assets.

In practice, this type of company controls and organizes the family's shareholdings and assets, such as real estate, shares, rights and other assets.

A setting up a family holding company can bring many benefitsThese include asset protection, the planned succession of assets and a reduction in the tax burden.

Among the main benefits that a family holding company can offer, we can highlight:

 

• Centralized control: The holding company owns other assets and family businesses, centralizing the control and management of assets.

• Succession planning: It facilitates the succession of assets and rights to heirs, allowing for a more organized and less costly transition.

• Asset protection: Assets are protected from personal risk, as they are separated from the partners' individual assets.

• Tax efficiency: It can offer tax advantages, depending on the structure and the way the assets are managed and distributed.

 

Each family has a specific asset structure and needs, and the holding company must be structured in such a way as to meet these objectives efficiently and safely.

 

Read also: How to reduce taxes and manage assets with Family Holdings?

 

How to open a holding company [Step by Step]

 

So that you understand and have an overview of the procedures required to open a holding company, check out the step-by-step guidelines below:

 

1. assessment and initial planning

 

• Objectives and needs: Clearly define the objectives of setting up the family holding company, which may include asset protection, succession planning, tax benefits, among others.

• Specialized consultancy: Consult specialized lawyers and accountants for advice and to ensure that all the steps are carried out correctly.

 

2.Choice of legal structure

 

• Type of company: Decide whether the holding company will be a Limited Liability Company (LTDA) or a Public Limited Company (S/A). Both have their advantages and disadvantages, depending on the size and needs of the family.

• Articles of Association: Draw up the articles of association (for LTDA) or bylaws (for S/A), detailing the corporate composition, management, distribution of profits and other relevant aspects.

 

3. company documentation and registration

 

• Personal documents: Gather the members' personal documents, such as ID, CPF and proof of residence.

• Registration with the Board of Trade: Register the holding company with the Board of Trade of the state where the company will be based. Registration includes submitting the articles of incorporation or bylaws, the partners' personal documents and payment of fees.

• CNPJ: After registering with the Board of Trade, apply for the National Register of Legal Entities (CNPJ) with the Federal Revenue Service.

 

4. transfer of assets

 

• Valuation of goods: Evaluate the assets that will be transferred to the holding company, including real estate, shareholdings, financial investments, among others.

• Transfer of ownership: Formalize the transfer of ownership of assets to the holding company, which may involve the transfer of the public deed for real estate and contractual changes in companies in which the family has a stake.

 

5. administrative structure

 

• Administration: Define the management of the holding company, appointing those responsible for management and outlining their roles and responsibilities.

• Partners' agreement: Draw up a shareholders' agreement detailing governance rules, shareholders' rights and duties, and procedures for resolving conflicts.

 

6. succession planning

 

• Distribution of shares: Distribute the quotas or shares of the holding company among the family members, as appropriate. desired succession planning.

• Donation with reservation of usufruct: Consider donating quotas or shares with a reservation of usufruct, allowing the donors to maintain control and the benefits of the assets while they are alive.

 

7. accounting and tax management

 

• Accounting: Establish strict accounting for the holding company, recording all operations and keeping the accounting books in order.

• Taxation: Plan the holding company's taxation according to the chosen tax regime, taking into account tax benefits and complying with all tax obligations.

 

With the right guidance and structured planning, setting up a holding company is a decision that can offer you significant wealth, tax and succession benefits, guaranteeing the long-term security of family assets.

 

Read also: Is it possible to exempt ITBI when creating a Family Holding?

 

How important is specialized accounting when setting up a holding company?

 

Setting up a family holding company is a very smart strategy for wealth management, succession planning and tax optimization. However, it is a decision that requires the expertise of a specialized accounting firm.

See how an accounting firm specializing in holding companies such as CLM Controller can help your company:

 

• Choice of tax regime: The analysis of a specialized accounting firm is essential to determine the most appropriate tax regime for the holding company. Each regime has its own particularities and advantages that can have an impact on the company's tax burden.

• Taking advantage of tax benefitsSpecialized accountants have knowledge of tax incentives and special regimes that can be applied to the holding company, making it possible to legally reduce the tax burden.

• Registration process: Specialized accounting ensures that all the necessary documents are prepared and submitted correctly, avoiding errors that could delay or compromise the creation of the holding company.

• Asset controlSpecialized accounting is essential for controlling the assets transferred to the holding company, ensuring accurate and up-to-date accounting records and facilitating asset management.

• Compliance with tax obligationsSpecialized accounting ensures that all the holding company's fiscal and tax obligations are met in accordance with current legislation, avoiding fines and penalties.

 

To find out more, clarify important doubts and check out what it takes to open a family holding company, click on the WhatsApp button and talk to one of our experts.