Recent research by CBS (CBS: Family businesses in the Netherlands, 2023-2024, Oct 2025) shows that family businesses are an important and driving force behind the Dutch economy. Of all companies in the Netherlands with two or more employees, almost 70% are found to be family businesses. It also turns out that family businesses often exist longer than non-family businesses. This makes them of great value for employment and job security in the Netherlands.
Yet recent research by ABN AMRO shows that succession is one of the trickiest topics for family businesses (ABN AMRO: sector forecast, 3 December 2025). I can understand that. Succession is one of the most profound moments in the life cycle of a family business. It offers not only legal but also emotional challenges. It is not only about shares and structures, but also about emotions, expectations and family ties. And it is precisely this combination that makes it complex - and interesting.
Why is succession such a sensitive topic?
For the departing generation, it is often a life's work. Letting go is not easy. For successors, it is an opportunity, but also a responsibility. Sometimes it is even perceived as a burden or a duty.
Several questions also come into play when it comes to succession. Who takes charge? How do we divide ownership and control? What happens to family members who are not active in the business? And what happens to family members who are active in the business but are not designated as successors?
These questions touch not only strategy, but also interrelationships. And that makes succession more than a business transaction.
Legal options for succession
Good agreements can make the difference between a smooth transfer and a family quarrel.
Legally, there are several ways to arrange succession:
With any transfer, it is advisable to think about using the BOR (the business succession scheme). This is a tax scheme that allows family businesses to be transferred in a tax-efficient way. This is a technical scheme with strict conditions, which is why involving a tax expert in this type of process is important.
Depending on the type of business, the financial and tax position and the wishes of the family involved, Marxman lawyers are happy to look at the best solution for your family business.
Succession agreements
Once the structure has been chosen and it is clear who will have control, the follow-up question is how that control will be implemented.
Usually, control does not lie with one person. In that case, it is wise to think about cooperation in advance. In addition, the (profitable) family members also have an interest in some form of participation and it is wise to think about how this can be secured.
The following legal documents can be helpful here:
Shareholders' agreement
A shareholder agreement makes arrangements about the board, the shareholder meeting, voting rights, profit distribution, exit options and a dispute resolution/escalation scheme. This agreement regulates how you work together as controlling shareholders. This prevents decisions from leading to conflicts later on.
Governance arrangements
This is where you arrange who makes what decisions. Consideration can also be given to setting up a supervisory board to (independently) supervise the management. This could be someone from the family or an external person. Furthermore, you can arrange board regulations, division of tasks and powers of attorney, so that it is clear who is responsible within the board and the management. Keep in mind that agreements on the division of tasks do not detract from the joint (ultimate) responsibility for the correct and proper performance of tasks.
The family statute
This is a family document in which they lay down ground rules for the company and the cooperation between them. Think about division of roles and responsibilities, communication and decision-making, involvement and the role of family members who do not work in the business, vision of succession and ownership. It is not a legally binding agreement, but it does form the basis for trust and continuity. In it, you not only lay down legal agreements, but also the shared values and vision for the company.
The emotional layer: don't underestimate it
Legal structures are important, but they only work if there is support. At Marxman, we see that succession is often accompanied by different emotions: pride, attachment, ambition, fear, responsibility. The conversations about these are at least as important as the agreements. That's why we like to work with various advisers who help to have those conversations.
Our advice: start on time
The earlier you start the conversation and legal preparation, the greater the chance of a smooth transfer. That way, the family business remains not only financially sound, but also emotionally connected.
Want to know how we help family businesses with succession, transfer and governance? Then contact one of Marxman's lawyers who specialise in working on and with family businesses. We are happy to think along with you.