How do family businesses keep their founders' entrepreneurial spirit alive and continue to grow from decade to decade and generation to generation? Learning from an in-depth survey of 2,439 family business leaders across the world, this report uncovers the secret to the regenerative superpower of family businesses, beginning with the founders' entr...
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There are various laws and issues to take into account when considering a state in which to form a Private Trust Company, including requirements around annual reporting, residency of personnel, and capital requirements. This report provides a side-by-side comparison of state PTC laws across key states: Ohio, Florida, Texas, and Tennessee.
Choosing the right governance practices in a family business is a critical ingredient for its long-term sustainability. This report—the third in a series of four on family business succession—examines the many layers of family and business governance systems and mechanisms and the ways in which the evolving principles of good governance c...
Growing up in a family business environment often rubs off on the younger generations, with some making the decision to start their own business instead of joining the family enterprise. Toward that end, getting help while staying true to their own ideas requires balance. Here are four steps that will help launch their independent business ven...
When it comes to effectively transferring assets, the Grantor Retained Annuity Trusts (GRAT) is a popular estate planning strategy that can reduce the tax liability. In this interview, three attorneys discuss the benefits of GRAT and the securities law case, Donoghue v. Smith, involving that strategy.
Trusts are valuable tools frequently used to transfer wealth within families, preserve and protect wealth, and reduce taxes. Understanding trusts and the role of the trustee is important for the people establishing trusts and the beneficiaries of those trusts. Building on this foundation, answers are provided to some questions about trusts and trus...
Generally, parents lose access to their child’s health and financial information once the child becomes a legal adult at the age of 18 unless certain steps are taken. To this end, here is a list of seven essential legal documents for parents to complete when their children turn 18 and before they go to college or leave home for ...
Being asked to oversee a family trust is a big deal. It’s a huge responsibility, and one you may not feel prepared to accept. Even if you’ve participated in or been exposed to the world of trusts, you may not have the knowledge or skills to be an effective trustee right now. The first step in deciding whether to accept this role is to learn more ab...
In collaboration with a consortium of interested parties, including Holland & Knight attorneys, the Tennessee legislature has made significant strides toward securing and maintaining the state’s status as one of the leading jurisdictions for trust administration. These efforts have resulted in more consequential improvements to the Tennessee’s ...
Simply because the instrument governing your trust states that it is irrevocable and cannot be amended does not mean it cannot be modified to serve your family’s needs in a better fashion. Delaware law offers an array of options—administrative amendment, decanting, a nonjudicial settlement agreement, consent modification, trust merger, and judicial...
Rather than viewing trusts as a mechanism to protect beneficiaries from the dangers of wealth, what if trusts were viewed as vehicles to “ignite a fire” within the next generation? Imagine a trust structure that is designed to cultivate a spirit of entrepreneurialism by making beneficiaries active participants rather than passive recipients of thei...
While entrepreneurs are intently focused on building their businesses, they may have less time to spend on building, sustaining, and distributing their wealth. Given the importance of early wealth planning and its long-term impact, this guidebook provides insights and tools at each stage of the entrepreneur’s journey to help them move forward ...
Beginning with the trustee fiduciary duties to the beneficiaries of a trust, attorney Abbey Magnuson of Foley & Lardner’s Estate & Trusts Practice Group discusses ways to mitigate trustee liability in this 10-minute interview with Brian Lucareli. Abbey also emphasizes the role Family Offices play in the administration of trusts and how they...
One of the most discussed topics is to what degree entrepreneurial and vital drive and “hunger” are determined by nature or by nurture. That is, can drive and hunger be taught and developed with the proper education, incentives, influences, or conditions? With a closer look and analysis based on existing literature on the topic and interviews with ...
Conventional investing is all about diversification and maximizing returns. While both of these are still fundamental, some investors also want to use their economic influence to drive meaningful change. As these investors make financial decisions informed by both heart and mind, traditional barriers between making money and making a difference are...