MacLean Law provides our Best Interim Management of Wealthy Family Businesses Lawyers Tips. When spouses are happily together as an intact family unit, they routinely jointly manage and promote the best Best Interim Management of Wealthy Family Businesses.
Our top interim management of a business family lawyers know things can quickly go sideways after separation, when a family business is involved, and that’s when our top high net worth family lawyers get involved to protect you.
Get control of the family business solely or jointly and if you cant get full restraining order protections and unfettered disclosure to business and accounting details for your family business. Lorne MacLean KC sets you straight on maximizing family business values and profits before trial and settlement.
Vancouver Best Interim Management of Wealthy Family Businesses Lawyers Tips Tel: 604 602 9000
We have been involved in numerous cases where a court has had to pick who could best run a family business to ensure each spouse maximizes their finances and so no one improperly ruins the business or improperly redirects profits. Courts will lean towards a spouse who is honest, less bitter and has the better skill set to improve the value and income of the family business.
We won a rare BC case tracking business profits where we persuaded a BC Superior court to protect out client with full retroactive support and caps on draws by the business owner to ensure our client received her full share of the value of the family business.
A court may restrain a party in their capacity as a director of a corporation from causing the corporation to dispose of or deal with property, Aquilini v. Aquilini, 2013 BCSC 217 at para. 30, and READ OUR WIN IN P. (J.W.L.) v. P. (A.J.) 2017 BCSC 1898 at paras. 67 to 75).
You never want to kill the goose that lays the golden egg, so if you are a business owner being harassed, speak to us about what ordinary course of business means:
In the legal context, “ordinary course of business” refers to the standard, usual, and routine day-to-day operations of a business, consistent with its past practices and industry standards. It’s a benchmark used to assess whether actions are normal, typical, and not extraordinary.
CLEBC texts state: Tel: 604 602 9000
“Under the Family Law Act, a claim by the client to a spouse’s interest in a corporation is limited to a claim against the spouse’s shares in the corporation. A restraining order under s. 91 can be obtained to prevent the spouse from disposing of the shares. If there is reason to believe that assets held by the corporation may be family property, an order may also be obtained to restrain the spouse from receiving income from the corporation, or making transactions through the corporation, without consent.”
The Family Law Act does not provide the court with the jurisdiction to make an order against a non-spouse party, such as a corporate respondent (Tidy v. Tidy, 2014 BCSC 1445 at para. 28). However, courts do have the jurisdiction to make an order restraining a party from disposing of corporate property or for preserving corporate property (SCFR, Rule 12-1). See also s. 39 of the Law and Equity Act, R.S.B.C. 1996, c. 253, which provides the authority to grant injunctions, orders in the nature of mandamus, or to appoint receivers or receiver managers by an interlocutory order.
MacLean Law’s Winning Strategies Tel: 604 602 9000
Our winning interim family business management cases follow a tripartite strategy:
1. If you have a trach record of successfully managing the business then ask to continue to do so;
2. If you have always jointly managed the business ask to continue to do so so you maximize profits and have full intel on the business operations;
3. If your spouse managed the business, formerly did a good job but now is angry or threatening you will get nothing, ask to get strict reporting terms, full access to accounting and bank records and if necessary get a receiver appointed.
4. Split family profits and company expense deductions equally pending trial! Yes Equally!
We ferret out and stop financial fraud involving businesses by:
1. Doing Anton Pillar raids to catch cash under the table and obtain jail time in a multimillion dollar under the table cash business;
2, Obtaining Mareva injunctions on tens of millions of worldwide assets;
3. Equally running a business or having robust banking and accounting oversight.
Family Violence -Best Interim Management of Wealthy Family Businesses Lawyers Tips
Family violence is a hot topic for child parenting disputes but it can also be an odious factor in spousal support, child support and family property division cases.
In cases where a family business is involved financial and economic abuse has to be considered and we need to ensure money and values of family businesses are not altered by nasty behaviours of a spouse who controls the business.
Academics are now getting involved in a problem high net worth family lawyers have been dealing with for decades.
Getting Control Of The Family Business To Prevent Mischief Tel: 604 602 9000
The British Columbia Law Institute has recently released a trenchant paper on how angry spouses can use a family business to control and damage the other spouse and their children.
Economic abuse is a form of family violence that can have serious legal implications, particularly during family breakdown. When a family business is involved, it can become a tool for family violence—used to control, manipulate, or deprive a partner of financial resources. Recognizing this form of violence is important for legal professionals to ensure just and fair outcomes. Yet, this issue remains underexplored in legal literature and case law.
…..The legal community and victim/survivors are increasingly sharing stories of how family businesses are being used to perpetrate economic abuse in family law cases. Despite the prevalence of these stories, the problem is currently vague, undefined, and largely below the radar of scholars and organizations. Very few papers have been published.12 Case law involving a family business and family violence is equally hard to locate.13 Very few of the cases specifically identify that a family business is being used for economic abuse.
….When there is a family business, the business can become a tool of coercive control. How this looks will change as the relationship changes. During the relationship, the victim/survivor may be forced to work for the company without pay. During separation, a victim/survivor may be fired from the company or removed as a shareholder or director without their knowledge or consent. After separation, a person may move money and assets out of the business to personal accounts or trusted third parties to defeat the victim/survivor’s access or claims. All of these behaviours represent economic abuse. The conduit for these behaviours is the family business. The purpose of these behaviours is to control and dominate the victim/survivor.
We hope these Best Interim Management of Wealthy Family Businesses Lawyers Tips help you prevent millions of dollars from going missing. Find out what reporting requirements we can put in place to protect you or to enable you to carry on business in the ordinary course free from unfair restriction’s if you just want to be fair.
