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Family business succession: separating archive from private

In a family business of two or three generations, the archive is an interesting mix. Alongside the business administration sit private correspondence, old family photographs, personal contracts of the founder, and sometimes decades-old documents that are hard to categorise. At succession, or sale to an external party, that mix has to be unravelled. This article describes a workable approach.

Why separate?

  1. GDPR basis. Business processing has a different basis from private keeping. Mixing is GDPR-indefensible.
  2. Tax. The retention obligation applies to business administration. Private archive follows private tax rules.
  3. Sellability. A buyer wants the business administration, not the old family trunk.
  4. Privacy of family members. Personal documents of family members should not simply remain in a company archive.
  5. Heritage. Family items often have sentimental value. Business items have administrative value. Different retention routes suit.

Three categories in practice

Purely business

Bookkeeping, customer administration, contracts with third parties, annual reports, Chamber of Commerce filings, tax returns. Follows the seven-year retention obligation.

Purely private

Family photographs, personal correspondence, diaries, private tax records of the founder, personal items. Follows private retention. Does not belong in business transfer.

Hybrid / grey

The interesting category: documents in which private and business are mixed.

The approach in four steps

Step 1: inventory locations

Step 2: determine the categorisation criterion

For example:

Step 3: sort physically

Step 4: decide on each category

The biggest pitfall: keeping everything ‘just in case’. A succession is precisely the moment to clear out systematically, not to move the pile to a new cabinet.

Special attention: founder archive

A founder's archive is often a mix of family history and business heritage. Practically:

The role of the notary

In a succession via notarial deed, good practice is to include in the deed what happens with the archive:

For the successor: what to take over?

  1. Complete business administration of the last 7 years.
  2. Ongoing contracts and disputes.
  3. HR files of active employees.
  4. Customer correspondence within active relationships.
  5. NOT: private heritage of the founder, personal correspondence, family history.

For the retiring founder: what to take?

  1. Personal correspondence and diaries.
  2. Family photos and historical items.
  3. Private tax files and contracts.
  4. Personal memorabilia of company milestones.
  5. Ongoing private relationships with customers and suppliers (request consent for transfer).

Mobile destruction on site

For family businesses, mobile destruction on site is often valuable for reasons of discretion. No external transport step in which documents are still readable. No chance that old family items end up in the wrong container. For the wider trade-off, read mobile versus off-site shredding.

Discreet destruction during family succession.

We regularly work with family businesses in succession. Mobile truck, certificate per job, no external transport step.

Request a quote

Planning a succession? Email us via desnipperaar.nl. We are happy to schedule a visit at a moment that suits the family.