Ingo Claus - Company succession, company sale in Osnabrück

Prepa­ring intra-family business succes­si­on for the genera­ti­on change

Intra-family business succes­si­on is the desired form of succes­si­on in many family businesses. In an inter­view with experts Ingo Claus on what compa­ny owners need to pay atten­ti­on to when prepa­ring for the genera­ti­on change. At the same time, we talk about the cases in which a compa­ny sale is better than an intra-family compa­ny succession. 


At what point should business owners start thinking about business succes­si­on and To initia­te measures?

In our opini­on, it is good to start thinking about the hando­ver five years before it is planned and to work out a hando­ver roadmap. This is becau­se an entre­pre­neur often needs another two to three years to proper­ly prepa­re his compa­ny for an upcoming genera­tio­nal change. It does not matter whether this takes place within or outside the family.

Plan alter­na­ti­ve to intra-family business succession

If a succes­si­on within the family is planned, it is advisa­ble to think about an exter­nal succes­si­on as an alter­na­ti­ve soluti­on: this often requi­res optimi­sa­ti­ons to make the compa­ny more valuable in the long term. In this way, a better price can be achie­ved in the event of a possi­ble sale.


Which prere­qui­si­tes are indis­pensable for handing over one’s own compa­ny to the next genera­ti­on (or for initia­ting this process)? When does an intra-family business succes­si­on exclu­si­ve­ly make sense?

An intra-family business succes­si­on only makes sense if it is wanted by all sides. This means, on the one hand, that the senior must be convin­ced in terms of content that the trans­fe­rees can lead the compa­ny into a good future. Further­mo­re, he must be willing to hand over responsibility.

The juniors, for their part, must have the freedom to accept or reject the offer of a family-inter­nal business succes­si­on. Freedom on both sides is the most important criter­ion for success. Only in this way can an intra-family business succes­si­on be successful­ly organis­ed in the long term.

Decis­i­ons need freedom

In paral­lel, the parties invol­ved should joint­ly work out a timeta­ble that fixes milesto­nes for the hando­ver. Among other things, this can include giving the trans­fe­ree a certain amount of time. During this time, he can find out whether he wants to conti­nue the family business. Only then can an amica­ble decis­i­on be made between the parties and further milesto­nes set. This includes, among other things, the prepa­ra­ti­on and quali­fi­ca­ti­on of the trans­fe­ree as well as the timing of the trans­fer of respon­si­bi­li­ty in the business.

A trans­fer­or should also take the liber­ty to prefer another succes­si­on soluti­on if agree­ments on prepa­ra­ti­on are not made on the part of the transferee.


On the other hand, under which general condi­ti­ons should a diffe­rent succes­si­on soluti­on be considered?

If the business has a diffi­cult econo­mic outlook, I would always advise trans­fer­ors to seek an extra-famili­al soluti­on. The burden of conti­nuing to run a business in a diffi­cult econo­mic situa­ti­on or in a consis­t­ent­ly decli­ning econo­mic market and indus­try environ­ment should not be placed on children.

Avoid perma­nent finan­cial obligations

In additi­on, strong contrac­tu­al ties that entail long-term finan­cial obliga­ti­ons for the genera­ti­on taking over are proble­ma­tic. I general­ly advise against pensi­on models, as these place too great a burden on the trans­fe­ree in econo­mic­al­ly tight times.

An intra-family business succes­si­on is also unsui­ta­ble if the next genera­ti­on does not take over the compa­ny out of inner convic­tion and freedom. This also appli­es in the event that the trans­fer­ors do not wish to withdraw from the day-to-day business.


What prere­qui­si­tes should the next genera­ti­on bring with them in order to become an adequa­te successor?

This depends very much on the compa­ny to be handed over: A software compa­ny has comple­te­ly diffe­rent requi­re­ments than a craft or produc­tion business. Nevert­hel­ess, a certain sales and manage­ment strength is certain­ly very important for most compa­ny successors.


How does a compa­ny boss optimal­ly prepa­re for succes­si­on together with his junior? Please name only the most important points that you would recommend?

It is important that the junior staff can conscious­ly ascer­tain what kind of job the trans­fer­or is doing through a tempo­ra­ry or alrea­dy existing cooperation. 

Schedu­le training time outside the company

From a syste­mic point of view, the influence of the trans­fer­or genera­ti­on on the junior staff should be reduced, especi­al­ly in the training phase: The juniors should prepa­re themsel­ves outside the compa­ny for a possi­ble intra-family business succes­si­on. This means that they should gain experi­ence outside the compa­ny, the city or even abroad for as long as possi­ble. The know-how learned during this time will be good for the compa­ny after a handover.

If the trans­fe­ree still lacks compe­ten­ces a training plan clear­ly helps. The neces­sa­ry need can be deter­mi­ned, for examp­le, through coaching. After that, a timeta­ble should be drawn up, the appro­pria­te training offers sought out and the prepa­ra­ti­on begun.


How long does such a hando­ver process take? How long should the senior stay in the compa­ny after the hando­ver? Should such periods be clear­ly regula­ted and recor­ded in writing?

This is highly indivi­du­al and always depends on the project. A hando­ver process someti­mes takes only a few months. In construc­ti­ve hando­ver proces­ses, this process can someti­mes take one, two or three years.

The adviso­ry board as a steering instrument

It is not only in the case of a family-inter­nal compa­ny succes­si­on that a trans­fe­ree should use the networks, the knowledge and the market exper­ti­se of the trans­fe­ree. However, this does not neces­s­a­ri­ly have to be in the form of a dual leader­ship. We recom­mend the instru­ment of an adviso­ry board that meets regular­ly. Such an adviso­ry board is a helpful and cost-effec­ti­ve instru­ment to discuss important issues outside the daily business.

In additi­on to the junior and senior members, the adviso­ry board should also include one or two business friends. It also makes sense to have an advisor on the board who is experi­en­ced with family-inter­nal trans­fers. In this way, he can help to recog­ni­se criti­cal or perhaps also conflic­tu­al develo­p­ments in the family’s interest and to react at an early stage. It is important that the milesto­nes of the hando­ver process are clear­ly regula­ted and recor­ded in writing.


How do you proceed if several child­ren are to take over the compa­ny at the same time, on an equal footing?

A business trans­fer in equal parts is always a diffi­cult soluti­on. It makes decis­i­ons in the compa­ny more diffi­cult and can thus endan­ger the future of the compa­ny. In princi­ple, it is good if one of the child­ren is given more respon­si­bi­li­ty. This leads to more clari­ty in business decis­i­ons and prevents tiring coordi­na­ti­on proces­ses in the company.

If there really is to be an equal succes­si­on, I always recom­mend a clear, written separa­ti­on of tasks and areas of responsibility.

Separa­te tasks and responsibilities

In this situa­ti­on, too, it is advisa­ble to skilful­ly accom­pa­ny the juniors through an adviso­ry board. In most cases, stable agree­ments can be reached within the family in the entre­pre­neu­ri­al sense. It can become criti­cal if, in the case of an equal hando­ver, child­ren-in-law also come into the compa­ny and have a decisi­ve influence on these decisions.

Synchro­ni­se artic­les of associa­ti­on and will

In these proces­ses, the synchro­ni­sa­ti­on between the will and the artic­les of associa­ti­on is parti­cu­lar­ly important. This is becau­se compa­ny law always takes prece­dence over inheri­tance law. A lack of coordi­na­ti­on between the provi­si­ons of the will and those of compa­ny law can consider­a­b­ly disturb family peace in the event of succession.


What are the psycho­lo­gi­cal or commu­ni­ca­ti­on problems between relati­ves that often arise when there is a change of genera­ti­ons? Do you have any tips on how to solve these conflicts or prevent them from arising in the first place? 

This is most easily explai­ned with a small model of the diffe­rent levels of relati­onships. Members of entre­pre­neu­ri­al families are always members of the family, mostly also owners of the compa­ny and even work with it. From a commu­ni­ca­ti­on point of view, there are comple­te­ly diffe­rent access channels, curren­ci­es and decis­i­on-making criteria.

Role changes cause conflicts

Let me illus­tra­te this with an examp­le: One is born into a family, the common curren­cy is love, commit­ment and recogni­ti­on, the essen­ti­al decis­i­on criter­ion is the well-being of the family. One enters a compa­ny mostly through a contrac­tu­al commit­ment, the essen­ti­al curren­cy is money follo­wed by career goals and recogni­ti­on. The essen­ti­al decis­i­on criter­ion is the profi­ta­bi­li­ty of the company. 

As a partner and owner, on the other hand, one often deals with related persons. The essen­ti­al curren­cy is the size of the share­hol­ding. In additi­on, there is the autho­ri­ty and experi­ence of the indivi­du­al partners. The overall objec­ti­ve and thus the most important decis­i­on criter­ion is to secure the existence of the compa­ny and the shareholders.

The affilia­ti­on of an indivi­du­al to these three systems is the cause of many commu­ni­ca­ti­on problems.

Thus, there is also a perma­nent change of roles in the compa­ny. It is often unclear who is talking to whom or in which role is being sent and recei­ved: The father with the son or two equal partners in the company.

Modera­ted hando­ver proces­ses more successful

Contra­ry to the common saying, we there­fo­re recom­mend: Talk is gold, silence is silver. A regular family jour fixe accom­pa­nied by a neutral modera­tor or media­tor helps to profes­sio­na­li­se communication.


I have read that mista­kes in the hando­ver from genera­ti­on 1 to 2 can cause diffi­cul­ties for the second and even third genera­ti­on. What needs to be prepared at this stage to avoid long-term problems that are not current­ly anticipated?

This can be so and depends very much on the contrac­tu­al construc­tion. The clearer and more trans­pa­rent the corre­spon­ding regula­ti­ons are, the better this is for all genera­ti­ons.
Sensi­ti­ve fine-tuning on both the factu­al and emotio­nal levels is essen­ti­al. In these sensi­ti­ve proces­ses, the support of an experi­en­ced and neutral facili­ta­tor is highly recommended.


What do family businesses in parti­cu­lar need to consider? How is it ensured that the junior enjoys the same trust among custo­mers (and also among the workforce) as a compe­tent succes­sor as the senior? How do you secure the orders and custo­mer relati­onships beyond the Compa­ny hando­ver within the family out?

This again depends very much on the size of the compa­ny. It is always helpful if there is a second level of manage­ment and knowledge in the company.

Intra-family business succes­si­on is usual­ly successful when decis­i­on-making autho­ri­ty is clear­ly trans­fer­red to the son or daugh­ter and the commu­ni­ca­ted separa­ti­on of duties is clear­ly lived. In this way, the senior signals respect and appre­cia­ti­on towards his successor. 

Clear hando­ver of responsibility

As long as a senior is still in the compa­ny, employees tend to bypass the successor(s) in decis­i­on-making and direct­ly invol­ve the ‘old man’. In this case, it should be made clear to the employee that the decis­i­on-making autho­ri­ty now clear­ly lies with the next generation.

When intro­du­cing a succes­sor to the transferor’s network, perso­nal connec­tions should be estab­lished as early as possi­ble. This requi­res atten­ti­ve and early commu­ni­ca­ti­on with the business partners.


Are there any other problems, challenges or special features that need to be taken into account in the case of succes­si­on within the family?

No. Each case is highly specific.

It is also important to know the most important stumb­ling blocks in the genera­ti­on change. There­fo­re, regis­ter direct­ly for our Basic webinar “The five biggest mista­kes in genera­tio­nal change in family businesses”. on!



FAQ

What is the argument against a genera­ti­on change within the family ?

Strong contrac­tu­al ties that entail long-term finan­cial obliga­ti­ons for the genera­ti­on of trans­fe­rees are proble­ma­tic. Pensi­on models are not recom­men­ded, as they place too much of a burden on the trans­fe­ree in econo­mic­al­ly tight times.
An intra-family business succes­si­on is also unsui­ta­ble if the next genera­ti­on does not take over the compa­ny out of inner convic­tion and freedom. Likewi­se, if the trans­fer­ors do not want to withdraw from the day-to-day business. 

How does the genera­ti­on change succeed in family businesses?

The senior should perso­nal­ly intro­du­ce the junior to the network as early as possi­ble. In additi­on, a commit­tee with one or two entre­pre­neur friends and an experi­en­ced advisor helps. This is a cost-effec­ti­ve soluti­on and discus­ses important topics outside of day-to-day business. The accom­p­animent of an experi­en­ced modera­tor enables the impro­ve­ment of commu­ni­ca­ti­on. The clear trans­fer of respon­si­bi­li­ty prevents employees from conti­nuing to turn to the old boss. In additi­on, the artic­les of associa­ti­on and the will must be synchro­nis­ed. This is becau­se compa­ny law always takes prece­dence over inheri­tance law. 

What is the best way to prepa­re the succes­sor within the family?

Most succes­sors need some sales and leader­ship skills. In additi­on, a tempo­ra­ry coope­ra­ti­on helps to get to know the work of the trans­fer­or. The training of the succes­sor should take place outside the family business. This reduces the influence of the trans­fer­or in this important phase. The know-how learned will be good for the company.