Berghco Advisory

Advisory is one of our business areas in which we provide advice to people who own assets. These are often companies, listed companies, real estate, farms and capital, but can also be horses and art.

Family law issues

Housing investigations that include companies and large assets contain issues that require knowledge of both business law and family law. We have such expertise and give advice and handle questions about wills, prenuptial agreements, gifts, estate inquiries and inheritances with Swedish and international connections.

For a family with valuable assets, it is often good to write a family agreement that regulates issues of generational change, wills, prenuptial agreements, etc. for existing and new family members. For families with members of different nationalities or who live in different countries, such questions require that you consider how the laws of different countries interact with each other and what you can regulate.

To pass on to a new generation

Unfortunately, our lifespan is limited. With the exception of foundations, all shares, properties, farms and other assets are owned by people and a transfer of shares and assets to a new generation is inevitable. Like many things that are inevitable, it is not good to postpone generational shifts.

Even if the transition to a new generation is not implemented immediately, it is good to address the issue in time and deal with it as well as possible from both a fair and a feasibility perspective. One could even say that parents have a responsibility to their children to do so. We provide advice on the whole with the aim of contributing to wise and long-term solutions that bring joy to the people and benefit the assets in question.

Ownership structures

We work with setting up and reviewing structures for ownership and for succession. Our goal is for our customers’ companies, properties and other assets to be owned in structures that provide good governance, secure ownership and good financial planning regarding taxes and returns.

If the assets and / or their owners are located in different countries, one must take into account the legislation of different countries and how they interact with each other. It can be a matter of ownership via companies in different countries or via a foundation or trust. For families, it is important to plan generational changes well in advance so that the succession is good and harmonious.

Family law for entrepreneurs

Our goal is to take care of our customers’ questions about assets. We want to give the customer peace of mind that nothing is forgotten. If there are several owners, one should regularly consider agreements that regulate ownership, for example shareholder agreements for companies. All physical owners should also ask themselves if they have a prenuptial agreement and wills in order.

In international conditions, this requires assessments of the legislation of different countries. Charity can be more effective if you consider tax aspects. Sometimes a foundation is a good instrument for an effective and long-term charity for selected purposes.

Art

International art can require large sums. However, the art market is not easy to navigate. Pricing outside auctions is not clear. Secret commissions and kick-backs are common. A much larger proportion of works of art than are thought to be fake. The tax issues are many. Authenticity and valuation can be difficult. Specialists may have different views and may sometimes be bought.

All this means that agreements on the sale, storage and transport of valuable works of art must be written with specialist knowledge. We have employees who for many years have been advisors to both collectors and leading auction houses in the Nordic region.

Competition horses

We have employees with long experience of both competition horses and art. International competition horses require large sums and it is important that agreements on purchase and sale as well as other cooperation agreements are drawn up in a legally secure manner. Writing such agreements requires knowledge of care, training, competition and health issues regarding horses.

Like the art market, the market for international competition horses often lacks effective pricing. This makes it difficult to know if you are paying the right price. Both of these markets are also full of different advisors and brokers who take commissions – sometimes openly and sometimes covertly. Finally, a horse can be lame and a work of art fake. We have experience of all these issues.

Our goal is to provide wise advice that takes into account all important aspects such as agreements, taxes, risks, long-term and future good relationships for our customers and their families.

"As you sow, shall you reap"

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