27 Sep What are family protocols?

Posted at 16:06h in Concepts by

 

What are family protocols?

Family protocols are essential tools for the organization, continuity, and prevention of conflicts in family businesses. They are not just legal documents, but framework agreements that establish the rules governing the relationship between the family, the company, and the ownership. Their purpose is to ensure harmony, regulate succession, and strengthen trust between generations.

In Spain, family protocols do not have specific regulation in the Civil Code or in the Commercial Code, but their validity is recognized as shareholders’ agreements. In particular, Article 28 of the Spanish Companies Act states that:

“The bylaws may include any provisions that the shareholders deem appropriate, provided that they are not contrary to the law or to the fundamental principles of the chosen corporate form.”

This means that a family protocol can acquire binding force if it is incorporated (in whole or in part) into the corporate bylaws, or if it is formalized before a notary as a shareholders’ agreement.

In Catalonia, these protocols have a special impact within the framework of the Catalan family business and Catalan civil law (Book Four of the Civil Code of Catalonia on succession, and Book Two on persons and family). Therefore, they must be designed with solid legal criteria and mediation tools that allow for their real and effective application.

Tailor-made family protocols

Every family and every business has its own reality. A tailor-made family protocol is built through a process of dialogue and mediation that gathers the specific needs of the family nucleus and adapts them to the legal framework. Its minimum contents usually include:

  • Values and vision of the entrepreneurial family.
  • Rules for entry and exit of family members.
  • Policy on remuneration and shareholding.
  • Governance bodies and decision-making mechanisms.
  • Succession protocol and business continuity.
  • Conflict resolution systems (mediation and conciliation).

These protocols are not static documents: they must be reviewed periodically and supervised by professionals, since both business and family realities evolve over time.

Preventing conflicts in family businesses

Statistics show that many family businesses do not survive beyond the third generation, mainly due to internal conflicts. A family protocol helps anticipate these issues by establishing clear rules and avoiding disputes that may affect both personal relationships and the continuity of the business.

The protocol acts as a tool for prevention and also as a mechanism for dispute resolution, since it may include family and business mediation as the preferred route before going to court. In this way, judicialization of conflicts is avoided and the family legacy is protected.

Experience in mediation and family law

As a lawyer, registered mediator, and private conciliator, with experience in both family and business law, I assist families in the process of designing, negotiating, and implementing their protocol. My team of professionals works from a dual perspective:

  • Legal, ensuring the solidity of the protocol in accordance with Spanish and Catalan legislation.
  • Mediation-based, facilitating spaces for dialogue and trust that allow for real and lasting agreements.

Our methodology combines legal rigor with empathy and communication—two essential elements to ensure that the protocol is not just a forgotten document in a drawer, but a living and useful guide.

Family business protocols

The family protocol is a strategic tool to strengthen the link between family and business. It organizes the rules of the game, ensures generational continuity, and protects the shared heritage.

Organizing succession and the future

With a well-drafted protocol, succession does not turn into conflict, but into an orderly and agreed transition. This guarantees stability and trust, not only for the family but also for shareholders, employees, and partners.

Trust and dialogue for the family legacy

Dialogue is the heart of the family protocol. Only if the parties listen to one another and reach agreements can the legacy be projected into the future without fracturing family bonds.

Professional description

  • We design family protocols to strengthen trust, ensure continuity, and avoid disputes. Legal and mediation-based solutions.
    Keywords: family protocol, family business, succession protocol, family mediation.
  • We help you establish clear rules between family and business. Professional advice and mediation to prevent conflicts.

👉 If you would like to know how a family protocol can help your business and your family, contact me:

Daniel Sererols Villalón
📞 Tel. 661.463.306
📧 daniel@mediadorconflictos.com

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