Speaking about the peculiarities of the legal regulation of family entrepreneurship, Elena MATVEEVA noted that currently in the Russian Federation there is no definition of such a legal phenomenon as family entrepreneurship and business of spouses. And in its implementation, as a rule, the norms of civil, family, corporate, tax law are used.
Attempts are now being made to submit to the Ministry of Economic Development a draft of amendments to the law on small and medium-sized businesses related to family businesses. It is expected that special rules will be introduced that determine the functioning of a family enterprise and improve their situation – special tax regimes, family patents, additional measures of state support. This is done in order to reduce the risks of family business, the main of which are civil, tax and inheritance.
Then the speaker presented various models of building a family business and the risks arising in connection with this: “The main risk of a family business is divorce and division of property.” To minimize the negative consequences of such events, in her opinion, it is necessary to take a number of steps. In particular: the conclusion of a marriage contract, an agreement on the division of property, the conclusion of a property trust agreement, the drawing up of a will (including a joint one), the conclusion of an inheritance agreement, the creation of an inheritance fund, the development of a fundamental document of the “Family Constitution”, strict control of document circulation.
The next speaker of the webinar, lawyer Sergei USHAKOV, presented the audience with a report “Trust and Safety: Non-Obvious Legal Aspects of Family Business”. Please see the presentation in Annex 6 attached to the report.