What is the difference between the Objective group and Nature? If you think it is the industry of each one -education and hygiene and beauty -he agreed. But only partially. Both companies are Brazilian and have billionaire values. However, one thing differentiates a lot from each other, the way the succession of the two companies.
Earlier this month, for example, Guilherme Lealone of the founders of Natura, followed in the footsteps of another partner, Luiz Seabraand formalized, in a statement sent to the market, the transfer of 3% of the company’s capital to children, reducing its own share from 7.16% to 4.16%.
At 81, Seabra had performed this movement, reducing her share from 14.36% to 4.79%, donating her wife and children. Both thus guaranteed the right to vote and the results, with lifetime enjoyment of the donated actions. That is, they organized everything not only to make life easier for the heirs but to ensure, even in their absence, the perennial business of Natura, valued at more than $ 1.7 billion. This is the path indicated by all succession lawyers.
Already entrepreneur João Carlos di Geniowho died three years ago, left his heirs a gigantic trouble. He built an empire of education with the creation of the Objective and Unip University, raising a heritage valued at more than R $ 30 billion, which also includes farms, radio stations and urban and rural real estate, as well as thousands of cattle of cattle . This only in Brazil.
But the famous entrepreneur has not planned anything about his succession and transformed his inventory, the largest ongoing today in the country, into a big headache for the family. The fight includes even an alleged heir, the nephew Bruno Augusto de Mello Pará who says he is a biological son of the businessman.
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Di Genio was married to Sandra Miessa di Genio, with whom she had three children. Bruno is the son of Patrícia Mello, who worked in the 1980s in the enrollment sector of the Objective College and would have had a relationship with the businessman.
The first DNA test has been negative and there is still no proof that Bruno is a biological son of João Carlos, although there are testimonials from employees who claim to have sent shipments and gifts to Bruno, as well as organized trips. Therefore, the widow has been able to push him away from inventory.
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Even without this proof, Bruno would have already negotiated his eventual hereditary right in operations registered in the notary, passing 15% of the alleged inheritance to funds, according to the newspaper article Economic value.
The fight for the fortune of Di Genio also led to a corporate dispute in the company. Old partners, including a Di Genio sister, question changes that Sandra would have made, becoming a dean of UNIP. This is because she would not have been considered formally heiress, since, even having children recognized by the entrepreneur, she kept only stable union with the entrepreneur. At the end of his life, they no longer lived together, according to witnesses.
Testament would avoid fights
Finally, an imbroglio imbroglio that could be avoided with only one will, according to the lawyer specialized in tax planning and assets, Renata Bilis. “When I heard about this case I was scared. How can anyone with such fortune have not planned their succession? ”Asks Renata.
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Successful planning discusses from division into life (as in the case of Natura), to how the person wants to have the 50% who are free from the guarantee to the necessary heirs. “He could have organized everything in life and avoid all this confusion, including the company,” explains the lawyer.
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The big problem of the Brazilian is not wanting to talk about death, according to Eduardo Diamantino, a lawyer specializing in succession, taxation of Diamantino Advogados Associados. “I have seen many cases throughout life, even though this is the only certainty that we have [a morte]. But many people think that if they do the planning, they will die. It is a cultural barrier, ”he says.
But it is necessary to break this taboo, especially in the postpandeia context, according to Eduardo Brasil, corporate lawyer, partner of Fonseca Brasil. “The scenario is already changing dramatically. So much so that the data from the Notarial College of Brazil, between 2012 and 2022, show that there was a 35.5% increase in the demands for will in the notary’s offices and can no longer deny this subject, ”says the expert.
Heirs and business
Second Diamantino, the founder of a company often thinks his children will play his business. However, there is no guarantees, because people are not always prepared or want to do that. “So much so that only 12% of family businesses, which are in the third generation, have someone in charge,” he explains.
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Without planning, lawyers say the chances of being complicated are immense, especially with gigantic assets such as the owner of the objective group. According to the Brazilian Civil Code, dying a person with goods and without testament, the inheritance is transmitted to the legitimate heirs, who are the descendants, ascendants and spouse, thus respecting the part of the inheritance called “legitimate”. The legitimate corresponds to half of the inheritance that cannot be freely arranged by the deceased, that is, the mandatory part that must be destined to these necessary heirs.
How to organize
Diamantino always advises customers to start a complete survey of heritage to understand what is happening at that time, as a photograph of everything. After that you need to evaluate the tax issues, which will indicate whether it is better to create a holding company or donate in life, as in the case of the founder of Natura.
“People need to understand that succession planning is a way of shielding that heritage built for years,” he explains. Then you need to see among the heirs who or not have business aptitude and start preparing.
In this context, the will emerges as an important instrument to allow the person who has a heritage has his inheritance in a different way, provided that he respects the legitimate, ensuring that, for example, part of the heritage can be destined to third parties or organizations , according to the will of the testator, according to lawyer Tatiana Arantes, from the family area and successions of the PLKC Lawyers.
“Succession planning is essential for both those who have a robust assets and those with more modest goods, to ensure efficient succession, avoid legal disputes, minimize the tax burden and preserve family legacy,” said Tatiana.
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But the point that most caught the attorney’s attention was the entry of investors by buying part of the rights of an alleged heir, information about the case not yet confirmed. Bruno reportedly passed 15% of his supposed inheritance to funds and even to succession lawyers. In return, they help speed up the process.
This type of investment began to develop in Brazil recently in the case of hereditary law. But it already exists in other cases and it is the so -called “Special Sits” (of special situations), where funds look for actives that offer high return potential, even if they have relevant risks.
“Fund entry into this fight is new to this market and can change everything because they will have attorney’s lawyers involved, which can streamline everything, especially in cases of higher value,” says Diamantino, adding that such a process in Brazil in Brazil , it may take more than 20 years with expertise requirements, evaluation, contestation, among others.
Sought by Infomoneythe lawyers of the family di genius preferred not to comment, but the space is still open.
