ASSET PROTECTION AND SUCCESSION PLANNING

Do you run a business and want to protect it from a split-up or collapse? Are you unsure about how to protect the sustainability of an established company?

Perhaps you wish to put in place proper mechanisms to organise your asset and family matters, but don’t know where to start? Are you planning to transfer the company to your successor and want to do so by safeguarding your best interests, those of your family and ensuring business continuity?

If the answer to any of those questions is yes then you’ve come to the right place! We support our clients in setting out their intergenerational succession plans. We analyse the asset situations and family relationships in detail to put the best solutions in place. We bear in mind the extremely sensitive nature of those matters when we develop and implement succession models and asset protection strategies.

 

Why do clients choose us?

 

We are the most experienced company in our field of work

  • We have been following the ever-changing geopolitical situation as well as the regulatory, legal and tax rules since the late 1990s.
  • Throughout those years, we have established more than 150 family structures aimed at safeguarding family assets. In over 20 of them Dr. Anna Maria Panasiuk has personally acted as a trustee, asset guardian, executor or member of the supervisory board.
  • We anticipate legal and tax changes and ensure that your family assets are properly organised.
  • We identify areas in structures that can create risks and cause potential problems.
  • We remember that diversification is key and constantly remind our clients about it!
  • We developed a private trust model compliant with the existing Polish regulations.

 

Comprehensive services

 

  • We provide advisory support in the decision-making process, answering your questions and presenting you with detailed solutions tailored to your individual issues;
  • We develop an implementation schedule which is based on the scenario chosen by our client;
  • We also analyse alternative outcomes and solutions;
  • We implement legal, tax and financial strategies;
  • We conduct periodic audits of the solutions we implemented to ensure the adopted model is suitable, and we make any necessary course corrections or introduce relevant updates. Where necessary, we renegotiate management costs;
  • We provide comprehensive support in taking over family ventures;
  • We develop fiduciary structures;
  • We help in will preparation, drafting family trust statutes and defining executor’s obligations.
  • We design close- and open-ended family trusts.
  • We fully reflect the will of our clients’ succession plans when providing solutions, we do this by drafting documents that outline the specific roles of beneficiaries and introduce control mechanisms.

 

International services

 

  • We create international holding structures based on your family relationships or the type of business in question.
  • We reorganise existing structures, relocate them across borders or transfer their assets.
  • We manage the liquidation of structures and the repatriation of assets.
  • We assist our clients in changing their tax residence, in mitigating dual tax residence risks, in fulfilling their foreign exchange obligations, and in dealing with their exit tax obligation in cases of loss of tax residence in Poland.
  • We provide trustee services through a private overseas trust; we also take part in inheritance proceedings outside of Poland.
  • We ensure that cross-border inheritance proceedings go smoothly and safely.
  • We create and operate overseas family trusts.

 

Experience

 

  • We have over 20 years’ experience in managing succession projects and handling inheritance proceedings both in Poland and overseas.
  • We have developed proprietary solutions to protect your assets.
  • When drafting wills, donation/endowment documents and statutes we take into account our client’s financial situation and their family relationships.
  • We have had the pleasure of managing 20 succession projects (some of which we outline below), each one was unique and required much attention, understanding and flexibility. Those projects allowed us to gain invaluable experience, but more importantly they allowed us to see just how important family relationships are.
  • Anna Maria Panasiuk’s extensive experience in managing and operating international structures allows her to provide advice on legal, tax and cost related matters relating to them, as well as assisting in their practical application, running and management.
  • We are a discreet business and we understand that our sensitivity and empathy allow us to understand the delicate nature of family relationships.
  • The fact that our managing partner Dr. Anna Panasiuk has on several occasions been named as executor or appointed as a trustee of an international foundation proves that our clients have placed a great amount of trust in us.

 

Case studies:

 

SUCCESSION PLANNING FOR CONTROLLING PARTY OF LARGE GROUP OF PRODUCTION COMPANIES LOCATED IN MULTIPLE INTERNATIONAL LOCATIONS

Succession planning for a large group of food production companies operating internationally as a subcontractor for global brands. In order to replace the controlling party – a natural person, it was necessary to insert a holdings company into the structure and to restructure the entire organisation to optimise it. One of the challenges was to choose the most favourable solution to allow streamlined operations in a multi-jurisdictional scenario encompassing Poland, the EU, South East Asia and South America.

 

CREATION OF SUCCESSION PLAN FOR BENEFICIARY OF LARGE M&A DEAL

Putting in place solutions securing the succession path of a natural person benefiting from a large M&A deal. Support in drafting the will and acting as a trustee and executor.

 

DEVISE AND IMPLEMENT SUCCESSION PLAN FOR A WELL-KNOWN ARISTOCRATIC FAMILY

Comprehensive advice provided to a wealthy aristocratic family regarding the transfer and safeguarding of family assets, support in repatriating funds back to the family.

 

FIDUCIARY SERVICES PROVIDED TO INTERNATIONAL ARISTOCRATIC FAMILY

Managing the Polish assets of an international aristocratic family. Provision of financial, legal, tax and corporate services.

 

ADVISING TECH-MED ON SUCCESSION PLANS

Succession planning for Tech-Med (medical technologies) one of Poland’s oldest enterprises (over 70 years old) – conceptual support and implementation of smooth transition over to the fourth generation.

 

ADVISING ON THE CREATION OF TRUST FOR THE HERSE FAMILY

Advising on the creation of the Herse Family Trust in Warsaw. The aim of the trust is to restore and reopen “Bogusław Herse’s Fashion House, the largest and most famous fashion house in pre-war Poland and Central-Eastern Europe.”

 

DEVISING THE SUCCESSION PLAN FOR KONIMPEX GROUP

Conceptualising the succession plan of the Polish Konimpex Group (logistics and distribution of chemicals and industrial raw materials) by bringing together investment companies valued at circa PLN 350 million. The challenge was to develop and define a detailed business succession plan involving the groups’ employees and a trust, while safeguarding the heir’s best interest. Aside from putting in place legal and tax assumptions for the business, the key element was to obtain a precedent creating ruling from a Provincial Administrative Court.

dr Anna Maria Panasiuk

Managing Partner

tel. +48 601 879 889 panasiuk@panasiuk.com.pl
Andrzej Sałamacha

Partner/Attorney-at-law

tel. +48 606 524 752 salamacha@panasiuk.com.pl
Szczepan Adamski

Of counsel/Lawyer

tel. +48 22 625 16 36 info@panasiuk.com.pl

Contact

ul. Nowogrodzka 10/8, 00-511 Warszawa
Tel: +48 22 625 16 36
Fax: +48 22 625 08 80

info@panasiuk.com.pl

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