BUSINESS SUCCESION
Analysis of continuity scenarios and design of the family succession plan in relation to the business strategy plan.
Preparation of family protocols as framework agreements that establish the code of conduct that regulates family members' relationships with the business from the standpoints of governance, management and ownership.
Design of family governance structures, mainly the family meeting and family council.
Preparation of succession plans aimed at establishing the principles that will govern the generational handover.
Mediation and dispute resolution.
Training sessions for the family, through the design of customized training programs based on the features and interests of each family group.
Establishment of the family office as a service for the optimization of, and the search for greater efficiency in, returns on family assets.
INHERITANCE AND MATRIMONIAL LAW
Analysis of the impact of the unexpected disability or death of certain members of the family on the management of the business and family assets.
Planning for the management of the business and assets in the event of unexpected disabilities.
Succession planning in the event of death, in relation to asset transfers and the asset management system.
Planning for the economic arrangement applicable to marriages and stable unions, as well as advice on potential prenuptial agreements.
Advice on the opening of testate, contractual and intestate successions at both international and local level.
Planning for and advice on gifts of companies or family assets in relation to asset transfers and the asset management system.
FAMILY BUSINESS- FAMILY BUSINESS PROFESSIONALIZATION-CORPORATE LAW AND COMMERCIAL CONTRACTS.
Family businesses play an important role in Argentina from both the economic and the social standpoints. This is borne out by the national wealth they generate and the many workers they employ. Nevertheless, a substantial proportion of family businesses do not survive beyond the second or third generation.
The family businesses that have achieved steady, consolidated growth over time are those who have known how to combine the three mainstays of any family business: ownership, the family and management.
Accordingly, family businesses need unique responses to specific situations. They require a global approach that adapts to the complexity of their reality.
Specifically, the firm provides family businesses with legal support in the following aspects: Negotiation and implementation of family protocols, covenants and bylaws Governing bodies: structuring tasks and responsibilities, and providing recurring legal advice.
Family tax planning: designing structures, hereditary property and wills, family risk detachment, and family savings
Corporate restructuring of companies or family groups
Remuneration policies and dividends
Assessment and system development for share sales
Standards of good governance.
FAMILY BUSINESS PROFESSIONALIZATION
Integration of family and business strategy into the management professionalization process. Planning for and management of organization changes.
Definition and application of target-based annual variable compensation systems.
Design and implementation of medium- and long-term incentives.
Design of executive development plans.
Design of compensation systems linked to the retirement of family business executives.
International HR management in family business internationalization processes: Design of expatriation and tax optimization policies for international assignments.
Comprehensive advice on terminations of employment and independent contractor relationshi
CORPORATE LAW AND COMMERCIAL CONTRACTS
Preparation of shareholders' agreements aimed at protecting the family business and legal implementation of family protocols.
Collaboration agreements. Alliances and joint ventures at both domestic and international level.
Legal advice on business internationalization both in terms of set-up (representative office, branch, company, company acquisitions, etc.) and in terms of contractual formulas (sale and purchase, supply, agency, distribution and franchise, etc.).
Legal advice on the financing of the family business: bank financing or from public entities, debt issues, acquisitions of stakes by financial shareholders, Alternative Stock Market (MAB), Alternative Fixed-Income Market (MARF), etc.
Business restructurings and corporate reorganizations, including transactions involving structural modifications (mergers, spin-offs, etc.).
Advice on and execution of processes for the sale and purchase of family businesses.
Ongoing advice to large businesses and high net worth clients, including board secretary services.
Design of business governance structures and establishment of corporate governance and preventive risk control standards.
ESTATE PLANNING
Can be devastating to witness the incapacitation of a loved one who is no longer able to adequately care for himself or herself. It can happen suddenly and unexpectedly, or slowly over a long period of time.
In either case, the mounting legal considerations can be daunting. Who will make decisions for your loved one? Who will determine his or her medical care and living situation? How will your loved one's ongoing needs be met? And most importantly, how do you obtain the legal authorization for managing your loved one's affairs?
A carefully tailored estate plan that includes a power of attorney and advance health care directive can readily provide answers to all these questions.
If you have a child or loved one with special needs, it can be tricky to manage his or her financial needs without impacting his or her eligibility for public programs and assistance. Failing to properly plan for the future can result in numerous hardships. Gifts and inheritances can derail your loved one's current living situation. He or she could be kicked out of public programs, have to spend down assets and face long wait lists after regaining eligibility.
A special needs trust is a critical legal tool for managing the financial needs of a loved one. This type of trust can be set up for any person, at any age, who has qualifying special needs.
Will — Specifies how you want your assets distributed after death. It can also name a guardian for your minor children.
Trusts, including revocable living trusts, irrevocable trusts, special needs trusts for disabled adults and life insurance trusts.
Durable powers of attorney.
Medical power of attorney — Empowers another person to make medical decisions on your behalf if you are unable to do so Directive to physicians — Tells medical providers the level of care to be provided if you face a terminal medical condition HIPAA release — Enables your doctor to discuss your medical condition with a person you designate.
Durable power of attorney — Appoints someone to conduct financial transactions on your behalf.
While planning for matters
involving your estate in advance may seem costly, it will save both you and
your family money, time and stress in the long run. Having the required probate
documents drawn up will give you peace of mind that your final affairs will be
conducted in the manner you wish, and your family will receive what you have
left to them in the easiest way.
You are able to better provide for your family and help them to provide for you as you transition from this life if you have put the proper documents in place. You are leaving them vulnerable if you don't. It's also easier to provide for yourself with the proper planning. The more prepared you are on paper, the easier it is for everyone to deal with in the end.
Our firm can
also address other needs such as the creation of a special needs trust. After a
major event in your life such as marriage, divorce or the arrival of a child,
you should revisit your estate plan. We can update your will and other estate
documents for a reasonable fee.
Our goal in every case is to wrap up the financial affairs of the estate as quickly and efficiently as possible, so the estate’s assets can be distributed to the estate’s beneficiaries and heirs. Lexargentina.com will work diligently to make the process as simple and trouble-free as possible for the executor/executrix, while keeping costs at a minimum.
If you wait until the need arises, it may be too late.
For example, many people have not realized that their loved one needs power of attorney until a devastating diagnosis of dementia, Alzheimer's or other serious illness has been achieved. At this time, it is usually too late. Instead, it is important to implement a power of attorney at the first signs of any debilitating condition, or better still, long before such a condition arises.
Planning responsibly for the future requires a variety of basic, yet extremely effective tools. No matter the complexity or simplicity of your situation, you should have an estate plan that includes a power of attorney.
A power of attorney designates a person, or multiple people, who will be authorized to make decisions for you in the event of incapacity. Without this important tool, you and your family may be subject to lengthy, invasive and expensive conservatorship proceedings. A power of attorney, by contrast, is a simple, quick and inexpensive way to avoid troublesome court proceedings down the road