Interests of the family members working inside the family business may differ and very often differ from those of the members who don’t work inside the family business.
The following are just a few examples of possible interests of family members who work inside
the family business:
- to consolidate over time their own economic and decision-making power;
- to maximize their own remuneration;
- to keep the strictest control over corporate assets and financial resources;
- to avoid the distribution of dividends also to pursue corporate self-financing;
- to keep the highest degree of stability in the controlling voting share of family members by the means of constrains to the circulation of participation rights in the family business;
- to keep to a minimum the information about activities of the family business;
- to avoid as far as possible the control by family members who don’t work inside the family business;
The following are just a few examples of possible interests of family members who DO NOT work inside the family business:
- to receive a regular and fair dividend, proportionate to the results achieved by the family business, to its capital and to the degree of business risk burdened by family members;
- possibility of immediate liquidation of the participation rights in the family business at fair value;
- absence of any restriction and/or constrain to the free circulation of participation rights;
- effective and efficient control over the activities performed by the family members who work inside the family business;
- easy access to the information related to the family business.
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I punti di forza del modello americano: l' ”American rule” (le parti si fanno carico ognuna delle proprie spese processuali inclusi gli onorari degli avvocati a meno di diverse regole generali); le “contingent fees” (il difensore riceve per la sua attività una percentuale concordata delle somme recuperate dalla causa anziché l'onorario); il meccanismo del “opt-out” (la possibilità per il danneggiato di escludersi dal giudizio dopo essere stato ex lege coinvolto nel procedimento) anziché del “opt-in” (è necessario l’atto di adesione del componente della classe per poter essere coinvolto). Il modello italiano si discosta marcatamente da quello americano.
1.There isn’t any merit of being an FBF. The FBF is usually by birth, hardly someone turns into an FBF. 2.As long as the link between family and family business exists, any prevalence of one dimension on the other is unacceptable. 3.The FBF should consider his own holding into the family business in respect of his own risk/reward profile and investment horizon taking into account the benefits of diversification. 4.The FBF actively seek the protection of his own legitimate interests according to the Latin maxim: “Qui in iure suo utitur neminem laedit.” (he who exercises his legal rights harms no one – civil law) 5.Peace laid on justice. The FBF acts according to equanimity with impartiality and independence of judgement. 6. The FBF repudiates any manipulation of affections intended as a means for pursuing profit. 7. (...) Please feel free to suggest any modification, integration or note to the Open Principles. They aren't definitive.
The FBF trademark is represented by the words F, B and F written in webdings fonts. The correspondent glyphs are a Factory for F (Family) and a House for B (Business) to stress the high degree of promiscuity that characterizes the relationship between affections and affairs among family business members.