According to the author, the constitution can be made through a simple or business company, which is defined by the family members themselves (Succession planning through holdings : limits and their main functions . In : Family and successions : controversies, trends and innovations. Belo Horizonte: IBDFAM, 2018. p. 672).
Among its functions, advantages and utilities, it has been pointed out that it provides a greater possibility of containing conflicts between family members, without affecting the controlled company, which continues bulk sms colombia to produce wealth, maintain its employees and, supposedly, pay taxes. And, in fact, many lawyers have been offering, especially on the internet and through social networks, services for setting up these structures, as well as training courses for other professionals to provide legal services related to “ family holdings ”.
Problems arising from family holdings
However, as we have warned, there are serious problems of invalidity that affect these business constitutions, especially in the case of the model that seeks the total emptying of the assets of family members and their allocation to these legal entities. We emphasize that all the reasons for invalidity relate to the violation of mandatory rules or public order and that, therefore, they are grounds for absolute nullity, the most serious of invalidities. We will seek to analyze these grounds for nullity, as well as their practical consequences, in three brief articles, co-authored and published on this channel.
Indirect legal business
Well, the first problem – and perhaps the most serious of all – is that these business constitutions represent an indirect legal transaction , a subject masterfully addressed by the classic Tullio Ascarelli.
Although the legal text does not refer to the holding company
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