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Case history

Drafting a family pact in the context of a company reorganisation

Campa Avvocati, with its senior associate Clarissa Auriemma, provided assistance in the drafting of a family pact in order to reorganise the management of a family business in the luxury sector and, in particular, in the management of the generational handover at corporate level.
After due investigation, the conclusion of a family pact turned out to be the most appropriate instrument to allow the transfer of the company’s shares in favour of the designated heir, who was working in the company, with the use of special clauses in the articles of association to reserve certain rights to the founder regarding administration and profits. To this was added the establishment of a real estate company, with special ad hoc statutory clauses, for the management of part of the real estate and financial assets, with provision – within the covenant itself – for destination and liquidation restrictions to the legitimates of the share to which they are entitled, thus realising the renunciation of the legitimates to participate in the succession and division of the inheritance of the assets forming the object of the company or the company shares, to the satisfaction of all the parties involved.

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