These actions, organizing the patrimony through legal instruments and planning the succession, serve well to define from the outset both the division of family property and the imposition of conditions on the heirs who will receive this patrimony in the event of death.
In the past it was only thought of ensuring the security of a person’s or company’s assets with measures such as property insurance, risk management plan, savings, implementation of physical and digital security systems .
Today we learn that asset protection can also include setting up an appropriate legal structure to manage assets and property, such as a family holding company. This can help reduce your tax burden, protect your assets from possible lawsuits and thus avoid financial losses and allow you to preserve your assets over time.
We call this new way of protecting Legal Assets Tutela – PLP and it should be a constant practice, not just a one-off measure, especially due to changes in family background (meetings, marriage, disappearance, etc.) and also due to changes in economic and political scenario that may affect the security of family assets.
For cases of inheritance division, if the inheritance is in a family holding company prepared for succession, there are numerous advantages compared to the traditional opening of judicial or extrajudicial inheritance proceedings, due to the very long duration of the processes, motivated by the overload of the Judiciary. Another point is that if the capital goes into succession, it will be subject to revaluation at the market price for taxation.
In addition to the economic, organizational benefits, attention to family comforts, elimination of conflicts, etc., even better is the possibility of legal protection to avoid, especially in the case of Brazilian entrepreneurs, the appropriation of personal assets to pay company debts related to compensation, because according to our legislation this is feasible.
The use of the Family Holding for the Legal Protection of Assets is not a fraud, nor is it planned to harm anyone, but it serves as a tool for planning good strategies and implementing means for the legal protection of assets acquired during life.
*Luciana Gouvêa, lawyer. Specialist in Property Legal Protection and Corporate Ethical and Legal Protection
Source: Terra
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