Family business Family business

A Family Constitution (FC) serves as the cornerstone of unity, balancing the aspirations of the family with the needs of the business.

What is a Family Constitution?

It is a master agreement of shared commitment by the family to govern the business. It represents the agreement of all family members about the rules and principles on vital matters of decision-making. A Family Constitution often guides various legal documents like wills or shareholder agreements, etc.

Benefits of Family Constitution

Family business

It helps Preserve Family Legacy by defining shared values and celebrating the family’s history and achievements.

Family business

It Promotes Transparency by replacing ad hoc /ambiguous decisions with explicit, mutually agreed policies.

Family business

It facilitates smooth Generational Transition by documenting the process, roles & responsibilities, as well as expectations through detailed deliberations among the family members.

Key Elements of a Family Constitution (An indicative list)

Family business
Family business

Preamble and Values:

Articulates the family’s mission and guiding principles.

Governance Structures:

Defines the purpose, roles & responsibilities, and membership criteria for various forums, such as the family council, family assembly, ownership council, family business forum, non-business family forum and other governance entities.

Conflict Resolution Mechanisms:

Establishes protocols for addressing disputes fairly and effectively.

Wealth Creation & Distribution Policies:

Ensures transparency in financial matters, including profit-sharing and inheritance.

Family Employment Policies:

Describes the eligibility criteria for entry of family members into the business, eligibility of positions they can hold, compensation etc.

Code of Conduct:

Outlines behavioral expectations, fostering a culture of respect and accountability.

Encouraging Entrepreneurial pursuits of next-generation:

Articulates the guidelines and process for supporting enterprising family members setup new ventures.

Family Philanthropy:

Defines the roles and responsibilities and the scope of involvement of various family members in charitable activities.

Family Development:

Provides guidelines to constitute committees / sub- committees for identifying development needs of various family members and arranging different educational/training programmes.

Living the Constitution effectively entails every family member upholding a shared commitment to cultivate trust, harmony, transparent communication, and demonstrating family values and fairness.