It is very important that family businesses define their goals and guidelines for action in various areas, from business strategy to financial strategy, including the involvement of new partners (relatives or strangers) as well as the transfer of the business to future heirs.

A family business must overcome the difficulties in the relationship between family and business, and in this sense the Family Business Protocol is an effective tool to establish clear rules that facilitate present and future coexistence.

It must be unique and different for each company, since each company has its own characteristics that identify and differentiate it.

Relations between ownership and management

The Family Protocol is a tool that expands the possibilities of relationships between ownership and management.

It is an agreement that includes a set of rules and codes of conduct to which all family members subscribe unanimously and which, in a way, allows to professionalize the way they run the company.

[pullquote align=’center’]It is designed to resolve situations that may lead to future conflicts that threaten the continued existence of the company[/pullquote]

In short, the family protocol is a document in which the partners, legitimate future partners by inheritance rights and possibly other family members express certain agreements made with the aim of improving the internal functioning of the family business, now and in the future regulate the future. the future. Likewise, the professional, economic and even personal relationships between family members and the company, as far as they affect it.

What aspects does it regulate?

Among the main aspects that it regulates, we can highlight the direction and management of the family business, the manner and timing of carrying out the succession, the delegation of management to the successors, the objective requirements for access to the various positions and the remuneration of family members or the entry or exit of life partners. Added to this is any other agreement aimed at resolving situations which, due to their importance, are likely to cause future conflicts and jeopardize the continued existence of the company.

The Advisory Council

Santiago Tarinas Salichs

Lawyer and Executive President of Tarinas

I highlight two fundamentals that support the usefulness of a family record. First, there must be an awareness of being a family business and a vocation to pass on to the next generation. The second, that the protocol will be more or less useful depending on the generation phase we are in. The protocol represents a tool to educate the members of the owning family – it is necessary to know how to distinguish between business and family – and to order the energies. Channel worries, desires, aspirations. From a legal point of view, it allows the setting of incorporation guidelines for the company (either in its governing bodies, executives or as ordinary employees), positions, remuneration, requirements; to retire and its conditions. Determine training schedules for future generations. Establish an appropriate dividend policy, etc.

Judit Brillas

CEO of Incrementa

Family businesses are the backbone of doing business and are key players in wealth and job creation. The family protocol protects these companies in order to regulate all aspects that facilitate their continuity, in order to anticipate possible discrepancies that may arise.

They can regulate the legal system of company shares or participations, the majorities required for resolutions both in the board of directors and in the general meeting or the criteria for the composition of the board of directors. They also tend to add extra-legal agreements to define the boundaries of the family and company relationship, including company hiring and compensation policies for family members, dispute resolution mechanisms, and sanctions regimes.

Joan Diaz

CEO of JDA/SFAI

A company’s tools, such as legal agreements, may be inadequate for a family business, but writing minutes will not solve anything. This is a process that must be addressed when family relations are good and succession is not at hand. In order for the company to remain a family business, corporate and family structures must be put in place, essentially the family council, which is responsible for maintaining the family-company link. The family council discusses the type of society and takes into account the interests of each individual member. The family protocol must have the consensus of all family members and it is important to anticipate any potential issues that may arise.