Family Business - Workshop Slides

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G2 Consulting

Family Business
GVS RAO

India: C 905 Krishna Appra Saphire, Vaibhav Khand, Indirapuram. Ghaziabad. UP. India
.No. 16, First Floor, 70 HK Bld, Y M Road, Masjid Bunder, West Mumbai, India
UAE: Spark International FZE, PO Box 16111, RAK FTZ, RAK-UAE.
Algeria: No: 2 Etage Batimet Billayat, Cite Eyalarsa, SETIF, ALGERIA.
G2 Consulting

In India, private family trusts are governed by the Indian Trusts Act 1882 and a
trust is not treated as a separate legal entity. Rather it is an obligation to
administer the property reposed by the settlor and accepted by the trustee for
the benefit of identified persons. A trust structure provides a lot of flexibility
and involves the drafting of a trust deed which documents the understanding
and desire of the family in relation to the running of family business and
management and distribution of family wealth in a codified manner.

A trust structure provides an opportunity for the promoters to pre-empt


possible scenarios and document the same in an orderly manner to avoid any
potential family disputes and ensure conducive operation of the family
business.

It can help strengthen family bonds by reducing uncertainty on roles of family


members and stipulating expressly what is expected of them. It can help in
creating an enduring family legacy by keeping intact the vision of the
predecessors for family business, though not at the cost of dynamism and
adaptability to required changes. A trust structure can also lead to a structured
format of a family office and enable efficiency in management and running of
family office.
Key points for decision making are:
Succession of trustees G2 Consulting

• Decision making matrix—to provide for matters which


would be decided by majority/unanimous consent
• Providing veto power to a trustee
• Policy for distribution of corpus and income of the trust
• Safeguarding interests of specific family members, for
instance, spouse (after demise of head of the family),
members with special needs, minors, etc.
• Appointment of lifetime trustee/caretaker
trustee/executor trustee
• Determination of share of beneficiaries—whether to be
decided upfront or to be discretionary as of now
• Allocation of certain portion of wealth for philanthropic
purposes
• Specific policy for personal expenses of members like
purchase of jewellery, international leisure trips, etc
• Specific policy for behavioural and disciplinary aspects
for the next generation.
While the trust structure offers a lot of benefits, migration
to the same requires a thorough analysis of costs (including
stamp duty), tax implications, and regulatory laws
surrounding it.

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