The business should not choose a jurisdiction based only on a promotional licence price.
A family planning several subsidiaries may prefer a jurisdiction that supports both operating and holding entities.
An LLC is often suitable for active family businesses involving several actionnaires. It can provide a separate corporate identity and limited liability, subject to the law and any personal guarantees.
A sole establishment may suit certain professional activities but does not provide the same ownership and continuity structure as a multi-shareholder LLC. It is generally unsuitable where several relatives must hold equity.
A civil company can be relevant for specified professional activities. The liability, ownership and management consequences should be reviewed carefully.
A Zone franche entity can accommodate one or more individual or corporate actionnaires, depending on the authority.
A holding company can own shares in operating subsidiaries and may help separate ownership, management and business risk.
A larger family enterprise may consider a private joint-stock structure where broader shareholding, institutional governance or future capital raising is contemplated.
A foundation may hold company shares as part of a wider succession and wealth-governance plan. Specialist legal and tax advice is essential.
Individual Shareholders or a Holding Company?
Family members may own the operating company directly, or ownership may sit under a holding entity.
Potential advantages include:
Potential limitations include:
Potential advantages include:
Potential disadvantages include:
The holding structure should have a genuine commercial or succession purpose.
How Should Shares Be Divided?
Equal ownership is simple, but it is not always the fairest or most stable arrangement.
Before dividing shares, consider:
A 50:50 structure can create deadlock if the actionnaires disagree and the documents contain no resolution mechanism.
Alternatives may include:
The family should distinguish emotional equality from legally workable governance.
One of the most important family-business principles is separating ownership from employment and management.
A person may be:
Treating every relative as automatically entitled to a management position can weaken the enterprise.
Appointments should reflect:
The Memorandum or Statuts (Articles of Association) establish the company's formal constitutional rules. A actionnaires' agreement can address more detailed commercial and family arrangements, subject to enforceability and consistency with EAU law and the registered constitutional documents.
A well-drafted agreement may cover:
The agreement should be prepared by qualified EAU legal counsel and coordinated with the company's registered documents.
A family charter—or family constitution—is a broader governance document describing how the family and business will interact.
It may address:
The EAU family-business framework expressly recognises the role of a family charter.
A charter should not merely contain inspirational statements. It should establish clear expectations and work alongside enforceable corporate documents.
A mature family enterprise may use three distinct decision-making levels.
Discusses family values, family employment, succession, education and communication.
Oversees company strategy, risk, senior management and major corporate decisions.
Keeping these functions separate reduces confusion. A family dinner should not replace a properly recorded board meeting, and operational managers should not need approval from every relative for ordinary business decisions.
Reserved matters are decisions requiring approval beyond ordinary management authority.
They may include:
The approval threshold should protect owners without paralysing management.
A written family employment policy helps prevent disputes about who is entitled to work in the company.
It can establish:
Family employees should normally receive market-based remuneration for their work. Dividends should arise from ownership, not from job title or family seniority.
Family businesses sometimes fail to distinguish among:
The company should avoid allowing family members to withdraw funds without approval or documentation. This can distort profits, create shareholder disputes and weaken banking and tax records.
A formal dividend policy can consider:
Minority family actionnaires may have limited practical influence if the documents provide unrestricted majority control.
Protection mechanisms may include:
Minority protection should be balanced with the need for efficient management.
The documents can address:
Restrictions must comply with the law and the company's legal form. They should be incorporated into appropriate binding documents rather than left as a verbal family expectation.
The family should decide whether spouses may:
These issues can be sensitive, but avoiding them creates greater risk later.
The treatment should reflect family values, succession plans and applicable inheritance, matrimonial and corporate laws.
A successor should not be selected only because of age or family seniority.
The family can establish a development path involving:
Ownership succession and management succession can occur separately. A child may inherit economic ownership without becoming the company's chief executive.
Succession should be planned while the fondateurs are active and capable.
The plan should address:
A succession plan should coordinate company documents, wills, foundations, shareholder agreements and the laws relevant to each shareholder.
What Happens When a Shareholder Dies?
The result depends on:
The company should not assume the surviving family members can immediately redistribute the deceased shareholder's shares informally.
During planning, consider: