Confianz

Etiqueta: #ReestructuraciónEmpresarial

  • Confianz recognised by Legal 500 and Chambers Europe 2025

    Confianz has been recognised by Legal 500 and Chambers Europe

    In its 2025 edition, Legal 500 has included Confianz in its directory for the first time, recognising our Commercial, Corporate and M&A practice. In turn, Chambers Europe has renewed its confidence in the firm and in Manuel Urrutia Subinas, who is once again listed as a leading individual lawyer. Two international endorsements that consolidate our position as a leading firm for complex corporate transactions and strategic advice.

    Inclusion in the Legal 500 highlights Confianz’s distinctive approach: a global view of transactions, from a legal, economic and financial perspective. The directory highlights our ability to lead corporate reorganisations and M&A processes in key sectors such as automotive, agri-food, healthcare, technology, industrial and FMCG, especially for medium-sized and family-owned companies.

    Feedback from the board of directors particularly values the firm’s operational structure. Unlike more fragmented models, at Confianz one partner leads each matter, under an overall coordination, facilitating agile decisions and personalised support. Manuel Urrutia is mentioned for his technical mastery, coordination and leadership skills in complex transactions.

    Chambers Europe 2025

    For its part, Chambers Europe has once again positioned Confianz among the leading firms on the Spanish legal scene, highlighting the sustained growth of our team and its role in strategic transactions. Manuel Urrutia’s continued presence in this ranking reinforces his profile as a benchmark for SMEs and multinational groups.

    Beyond the awards, the value of Confianz lies in the way it practices law: overview, personal commitment and practical solutions. Our clients are not only looking for legal advice, but also for support at decisive moments. This has been our priority in every recent transaction.

    This integrated approach, combining law, legal and financial acumen, has been a key factor in gaining the confidence of the market and international boards.

  • A holding structure for SMEs is desirable

    What is a holding structure?

    More and more SMEs are considering transforming their business structure into a holding company to take advantage of the many tax and organisational advantages it offers. A holding company is a grouping of companies where a parent company owns the majority or all of the shares of other companies, with the aim of running and managing the business group in a unified manner.

    This structure is not only valid for large corporations, but is also beneficial for small and medium-sized companies seeking to optimise their management and taxation.

    A holding structure consists of a parent company that controls and manages the shareholdings of several subsidiaries. The holding company is usually not directly involved in the day-to-day operations of the subsidiaries, but focuses on the strategic and financial management of the whole. This configuration allows for a centralisation of decisions and better coordination between the different business units.

    Advantages of a holding structure 

    Implementing a holding structure can offer multiple benefits to SMEs, including the following:

    1. Tax optimisation: Holding companies can benefit from the tax consolidation regime, which allows the losses of some subsidiaries to be offset against the profits of others, reducing the overall tax burden of the group.
    2. Wealth protection: By separating assets into different companies, the risk of financial problems in one subsidiary affecting the rest of the group is limited, thus protecting the overall wealth.
    3. Operational efficiency: Centralising functions such as human resources, finance or marketing in the holding company generates economies of scale and synergies that improve efficiency and reduce costs.
    4. Ease of diversification: A holding structure facilitates the acquisition or creation of new subsidiaries in different sectors or markets, allowing the company to diversify its activities and reduce risks associated with a single business.
    5. Simplifying business succession: In family businesses, a holding company facilitates the transfer of ownership and control to the next generation, ensuring business continuity.
    6. Access to more favourable financing: A holding structure allows for better financial planning and makes it easier to obtain financing on more advantageous terms by consolidating the group’s results.
    7. Greater operational flexibility: If one company within the group has financial difficulties, more agile strategic decisions can be made without compromising the whole group.
    8. Reducing the tax burden on the transfer of assets: When a holding company sells a subsidiary, in many jurisdictions it can benefit from tax exemptions on the capital gains realised.
    9. Ease of international expansion: Holding companies make it possible to structure expansion to other countries more efficiently, avoiding double taxation and adapting to local legislation.

    Disadvantages of a holding structure 

    Despite the advantages, it is important to consider the potential disadvantages of adopting a holding structure:

    1. Administrative complexity: Managing multiple companies implies an increased administrative burden and the need to comply with various legal and fiscal obligations.
    2. Additional costs: The creation and maintenance of a holding structure entails expenses for legal, accounting and tax advice, as well as possible costs for auditing and filing consolidated accounts.
    3. Loss of corporate identity: By centralising management, there is a risk that subsidiaries lose their autonomy and corporate culture, which can affect employee motivation and customer perception.
    4. Monopoly risk: If the holding company acquires a dominant position in the market, it could face legal problems related to competition and antitrust regulations.
    5. Difficulties in decision-making: While centralisation of management is an advantage in many respects, it can lead to internal conflicts when strategic decisions do not coincide with the interests of each subsidiary.
    6. Double taxation risk: Depending on the country, the distribution of profits between the parent company and its subsidiaries could be subject to double taxation if not properly structured.
    7. Increased tax scrutiny: Tax authorities often pay particular attention to holding structures, so a well-planned tax strategy is crucial to avoid penalties.

    Is a holding structure advisable for your SME?

    The decision to adopt a holding structure should be based on a detailed analysis of the company’s needs and objectives. Not all SMEs require this transformation, but those seeking to optimise their tax burden, improve their operational capacity and protect their assets can benefit significantly.

    Expert advice is essential to properly structure the holding company, ensuring that all tax regulations are complied with and associated risks are minimised.

    If you are considering this option, contact us and we will advise you every step of the way, as we have already done with more than 400 companies in Spain.