Una familia unida en la empresa es un bloque imparable que protege su historia y construye su futuro.
In business families, success does not depend solely on brilliant ideas or competitive products, but on how internal relationships and key decisions are managed. When the family owns a corporation, the family protocol becomes an essential tool to align wills, avoid conflicts and protect the legacy.
This agreement regulates relations between family shareholders and with the company, establishing clear rules for decision -making, conflict resolution and heritage protection. Its objective is to consolidate a solid vote block in shareholders’ assemblies, which allows the family and control of the family to be maintained on the company.
Right of preference: internal armor to conserve family property
A key clause is the right of preference, which gives priority to members of the family branch to acquire actions that another relative wants to sell. For this right to be effective, the protocol establishes:
Prior notices with price and sales conditions.
Mechanisms to solve disputes if several relatives want to buy.
Rules to verify that the offer of a third is legitimate.
Sanctions for non -compliance and preferential prices to favor internal purchase.
This armor prevents people from the family to acquire actions and put family control at risk.
Non -alienation pacts: ethical commitment to preserve cohesion
Non -sale pacts limit the possibility that a relative sells their shares to unauthorized external persons. Although some aspects may not be legally required, they have an ethical and moral value that reinforces the expected behavior within the family. They are an expression of commitment to the common project.
Family vote in assemblies: strategic unit in decision making
For the family block to work, the protocol defines how it is voted in shareholders’ assemblies, looking for decisions by majority or unanimity. Some common practices include:
Previous meetings to agree on the meaning of the vote, with sanctions for those who vote against.
Syndication of actions, where an authorized representative votes on the name of all, shielding the company against external control attempts.
These measures allow the family to act as one voice, strengthening their position against third parties.
‘The family protocol is not just an agreement, it is the loyalty pact that guarantees that the family always sails in the same direction‘.
Transmission of straight -line actions: heritage continuity with generational vision
An additional clause that reinforces the permanence of the legacy is the one that limits the transmission of actions only to descendants in a straight line (children or grandchildren). This agreement can be applied both in life (donation) and death (inheritance), and seeks:
Avoid dispersion of capital between collateral branches.
Ensure that the heritage remains within the direct family nucleus.
Facilitate patrimonial and succession planning clearly.
This type of clauses, although they must be reviewed with legal and fiscal advice, are a powerful tool to preserve identity and family control.
Family governance: structures that harmonize company and links
The protocol also addresses intimate aspects of family life, such as:
Methods for solving conflicts between members.
Declaration of Shareholders.
Management of shared resources and philanthropic projects.
Public image and family values.
To support these issues, governance bodies are created as:
Family Council: Executive body that communicates and executes decisions.
Family assembly: meeting and cohesion space among all members.
External advisors: odd professionals who support decisions and conflict resolution.
The soul of the family also needs rules
The family protocol is the bridge that connects the heart of the family with the reason of the company. More than a legal document, it is a pact of trust, commitment and shared vision. His strength is not only in what he says, but in how he respects and lives.
“The control of the family business is not protected only with actions, but with agreements that are born from respect and unity.”
“The family protocol not only orders the company … also orders the soul of the family.”
This paradox reminds us that the protocol is not only a legal tool, but also emotional. It helps to make decisions clearly, but also with empathy. Protect heritage, but also links. And when it is respected, not only strengthens the company … also strengthens the family.
About the author:
Twitter: @mariorizofiscal
The opinions expressed are only the responsibility of their authors and are completely independent of the position and the editorial line of Forbes Mexico.
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