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ment agreement? Regarding philanthropic activities, would you prefer
the family to have a common voice, or should such activities be pur-
sued individually? What should the family members’ level of education
be, regardless of whether or not they work in the company? To whom
does the company belong - to the grandfather or to the family? Should
the company belong to you forever, or should a part of your family
maintain the business? What if you remain sole shareholder, would you
like to continue the business? Or, would you like to establish an airline
company, for example, with the monies from the sale of the company?
If you work in the family company, should you be with your family all
hours of the day and night, aside from sleeping hours? Your father was
your boss, so will your elder brother be your boss, as well? When you
start thinking critically of the way the business is done in the compa-
ny, is this accepted by your family? Are you treated as a child or a
member of the company? You desire to make a new investment, but
other family members do not cooperate, and they do not want you to
act individually. Are there any rules that may prevent you? Are you dis-
turbed by the fact that the company employs too many family mem-
bers? Which positions may be delegated to family members, and which
may be held by outside professionals? Can you share a common dream
with your siblings or cousins with whom you have played as children,
or went to the cinema together, but have not shared one single desire
concerning your future? How can you improve your partnership cul-
ture?
Let us suppose that you crafted specific rules for each situation, or
you adopted general principles regarding approaches to be taken to
solve any future conflicts regarding your family business or property.
Your consultant named such set of rules or principles as the “Family
Constitution.” However, when these are not violated, the elders of the
family council are unable to resolve the issue in accordance with the
Constitution. In this case, is it possible that the conflict may be
resolved by a court pursuant to your Family Constitution? Is it possi-
ble that such rules can be invalidated as they are contrary to the oblig-
atory provisions of law? Or, if the traditions that started the rulings and
constitution were not followed, will you insist on the application of the
constitution? Do you have the persistence to regulate sanctions and
apply them in the event of breaches? Will you offer to the family mem-
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NEWSLETTER 2015