Abstract

This paper analyzes the family business as an organizational entity and as a proprietary form useful to transmit personal values and company assets to the next generations. This paper aims to introduce the legal instruments in Italy to transfer family businesses and to evaluate how these are useful for ensuring not only the survival of the company in the market but also that family values and characteristics pass from one generation to the next maintaining a prosocial humanistic management perspective. The legal status of the family business and the fact that most small- and medium-sized companies in Italy are not listed, which considerably affects disclosure obligations and makes it more challenging to get consistent and reliable information at affordable costs, has to date limited research on this model. In recent years, given their growth in size and market share, the strategic potential of family businesses was recognized by both academics and practitioners, giving rise to further study. A primary goal of a family business is to maintain its competitive advantage in the market and pass down its values in the succession line. Hence, one of the most important themes on which scholars focused has been how this process takes place to ensure continuity. This paper argues that the trust and the family pact are both valid legal instruments to this end, albeit with different advantages depending on the circumstances surrounding the succession.