Berghco Advisory is one of our business area in which we advise people who own assets. Often these assets consist of businesses, listed companies, properties, estates or capital. But they can also be horses or art.
Wise advice that takes care of all aspects
Berghco Advisory is part of our business in which we provide advice to people who own assets, Berghco Business is our business area that provides legal services within business law. Berghco is a law firm under the supervision of The Swedish Bar Association. Our aim is to provide sound advice covering all aspects of asset owning, including settlements, tax issues and risks. We also strive to achieve future good relations in the long term for our clients and their families.
Our assignments often have international links to assets and people in different countries. We cooperate closely with other advisors, both in Sweden and internationally, regarding taxes and law.
We set up new structures – and examine existing ones – for ownership and succession. Our aim is to ensure that our clients’ businesses, properties and other assets are owned in structures resulting in good control, secure ownership and successful financial planning regarding taxes and return. If the assets/and or their owners are located in different countries, the laws and regulations of these countries must be taken into consideration – as well as how they interact with each other. For families it is important to plan for passing on their assets to the next generation in order to make the succession process as smooth as possible.
Our aim is to be able to assist our clients in all questions they may have about their assets. We want our clients to feel safe knowing that nothing has been overlooked. In case of several owners, agreements concerning the ownership structure should continuously be considered. All physical owners should also consider whether they have their prenuptial agreements and wills in order. In case of assets in different countries, it is essential to assess the laws and regulations of all concerned countries. Charity work can be made more efficient if different aspects of taxation are taken into consideration.
We often help our clients to buy and sell properties and companies in different countries. In larger transactions, we all work together at Berghco Law Firm and with other partners in Sweden and in other countries. We are then the project manager for the work to review or set up the best structure. Our partners are often tax specialists. We have special knowledge of race horses and art objects. There are two areas where the best agreement requires that the adviser is initiated with the area and the market.
Ownership of companies, properties and other assets
To be the sole owner of a company – or a share of it – requires a special type of asset management; i.e. good corporate governance. It is the owners’ responsibility to ensure that the company has a well-functioning board of directors and that the board and CEO act in a professional and efficient way.
We offer advice to shareholders on how they should act to achieve well-functioning and efficient corporate governance. Properties require management and capital need to be invested. We offer advice and go through agreements for these types of management. Junior family members must also be gradually trained to be able to grasp the operations.
Passing on to a new generation
Passing on shares and assets to a new generation is inevitable, as all shares, properties, estates and other assets are owned by human beings – apart from those owned by a foundation. Just like many other inevitable issues, it is unwise to postpone the division of assets.
Even if the division of the assets to a new generation is not executed immediately, it is wise to deal with the issue promptly in the best way, both from the perspectives of what is fair and what is suitable. You could even say that parents owe their children to do this. We offer overall advice aimed at contributing to wise and long-term solutions that bring joy to the people and benefit the assets in question.
Acquisition and sales of companies and properties
We assist our clients in acquisitions and sales of companies and properties in Sweden and other countries. We take full responsibility for agreements and sales projects.
We also ensure that tax issues and other matters are dealt with in a correct manner by a suitable specialist advisor. Duis eget elit ut est mattis rhoncus ut et felis. Cras pellentesque eros leo, in tincidunt turpis ultricies eu. Etiam vulputate augue a laoreetelementum.
Family law issues
For a family with assets of great value, it is often advisable to draft a family agreement regulating issues such as transfers to the next generation, wills, pre-nuptials etc. for current and new family members.
Families with members of different nationalities or living in several countries, such issues require that you contemplate how other countries’ legal systems interact with each other and what can be regulated.
Just as the art market, the market for international competition horses frequently lacks a functioning determination of prices. This makes it difficult to know whether you pay the right price.
Both these markets are also full of different advisors and brokers demanding commission fees – sometimes openly and sometimes hidden.
Finally, a horse can be lame and a piece of art a forgery. We have experience of all these issues.
International art can fetch high prices. The art market, however, is not easily navigated. How to establish price levels outside the auctions is unclear. Secret provisions and kickbacks are common. There are many tax issues. Authenticity and evaluation can be difficult and specialists can have different opinions.
All of this makes specialist knowledge essential to be able to write agreements regarding sales, safekeeping and transportation. We have team members who have been acting as advisors to both collectors and leading auction firms in the Nordic region for many years.
Assignments – a selection
Agreements and structures for capital management
Structures for possessing assets, in Sweden and internationally
Advisors to families owning majority posts in shareholding companies
Forming foundations and working on the boards of foundations
Charity work through foundations, etc.
Work in the election committees of shareholding companies
Training the younger generation in board work, as well as in the regulations concerning shareholding companies
Handing over assets, e.g. companies, estates and properties, to a new generation
Administration of estates that include companies and major assets on death
Division of assets among heirs, wills, prenuptial agreements and gifts – in Sweden and internationally
Acquisition and sales of dressage and show jumping horses in Sweden and internationally
Acquisition and sales of art, in Sweden and internationally
FOUNDER & LAWYER
Jonas Bergh has for many years worked together with families owning enterprises, listed companies and properties. A frequent assignment has been to assist in educating, introducing and handing over to a younger generation. Thanks to his extracurricular interests and hobbies, Jonas also has vast experience from the art market and the market for competition horses.