Clear agreements in the family­charter at Hoekman Roestvaststaal

In the transfer of a family business, different interests play a role. Therefore, Gerrit Hoekman sought the assistance of family advisor Tom Meuleman. It was the start of a valuable process that led to a family charter.

Clear agreements in the family charter at Hoekman Stainless Steel

Behind the fluttering flags, the logo of Hoekman Roestvaststaal spans the entire width of the company building in Nieuwleusen. A true family business, founded in 1986 by Gerrit Hoekman and now taken over by his eldest daughter and second-youngest son.

After the business transfer, tax and family advisor Tom Meuleman from de Jong & Laan sat down with Rogier Lukas from Vechtstede Notarissen and the entire Hoekman family.

It was the start of a valuable process that led to a family charter, where clarity and attention for each other are central.

Tom Meuleman
Tom Meuleman Senior Family Advisor
Specialist in business succession
My name is Tom, a tax lawyer and family advisor. I specialize in guiding families through succession issues. I've written two books on this topic: "Opvolger gezocht " (2020) and "Gun elkaar wat" (2022).
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Growing with a small workforce

In an empty canteen, Gerrit Hoekman calmly flips through the newspaper. The coffee break for ‘the men’ has just ended, and everyone has returned to their positions in the metal company—everyone except Gerrit. After transferring the company to his daughter Heleen and son Gert, he has withdrawn from the business.

Our family with 8 children only saw father on Sundays. That really made me think when I was asked as the eldest to take over the company.

Years ago, Gerrit never imagined it would come to this. He literally and figuratively started with an empty briefcase at Hoekman Roestvaststaal. But thanks to Gerrit's experience and experimental nature, the small metal company was quickly noticed by large organizations like McDonald's and Hema.

Despite numerous requests, the metal company grew 'with the brakes on.' Gerrit consciously chose to employ few staff members. As a result, it was hard work for him personally.

Heleen still thinks back to those days. “Our family with 8 children only saw father on Sundays. That really made me think when I was asked as the eldest to take over the company.” 

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Children in the company

Immediately taking over the company wasn't appealing to Heleen. However, she did want to delve further into the business. So, she gave up her job in healthcare and started at Hoekman Roestvaststaal in 1997. She began directly with training in sheet metal processing. “After all, you need to know the basics of the company well,” says Heleen.

Gert, too, didn't immediately aspire to a job in the company but followed his sister's footsteps years later. “As a little boy, I already picked up a lot about the ins and outs of the factory. After I joined the company in 2009, I immersed myself in all facets of the business.” In the following years, Gert grew into a management role. 

Equality during business transition

By 2011, Heleen and Gert had acquired sufficient knowledge and experience, but also the will and courage to take on the responsibility of running the metal company.

I wanted all my children to be satisfied with how things were going. And that everyone felt treated equally.

After the business transfer to 2 of the 8 children, the matter wasn't settled for Gerrit. What about the other 6 children? And let's not forget Mrs. Hoekman?

“I wanted all my children to be satisfied with how things were going. And that everyone felt treated equally. Besides, I also wanted a fiscal perspective to prevent all our wealth from going to taxes,” Gerrit explains.

After the transfer, the family encountered this issue and consulted tax and family advisor Tom Meuleman and notary Rogier Lukas. Together they initiated the process for a family charter.

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Process to family charter

“In a family charter, you can include everything that is important to you as a family”, explains Tom. Think of financial matters, but also giving meaning to ownership, deciding who may or may not work in the business, or how the succession process will take place. My experience as a family advisor is that drawing up a family charter helps to make things open for discussion.”

Despite everyone having good intentions for each other, various matters and sensitivities exist in the Hoekman family, just like any other family business.

The family charter has no legal effect. Therefore, the agreements in it cannot be enforced. “But if you determine, document, and act upon the family charter together, it provides a family with a lot of clarity”, says Tom.

In the Hoekman family charter, agreements on family capital are central. Tom investigated, among other things, the possibilities for the most financially and fiscally optimal situation. There is a lot of value in the real estate. How can you structure this to allow other children and parents to participate and benefit optimally?

The Hoekman family sat down together. According to Tom, this is an indispensable part of the process towards a family charter. “You can clearly see how family members react to certain issues and to each other. This way, you can identify and discuss the sensitivities.”

He adds: “Despite everyone having good intentions for each other, various matters and sensitivities exist in the Hoekman family, just like any other family business.”

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Openness

Creating a family charter is not something you just 'put on paper'. It requires a process you go through with honesty and openness. In various phases, everyone must have the opportunity to provide their opinion and input. In the Hoekman family, expectations were discussed back and forth during several kitchen table sessions.

“Sometimes this brings up quite a few emotions. You need to keep calm and clearly indicate what is and isn't possible”, says Tom. “With a positive attitude and knowledge of the possibilities, clear agreements have been made in full openness that will be recorded for the future in the family charter.”

Together with Rogier, Tom formulated the final plan and presented it to the family. “Basically, everyone feels good about it now. The fact that father involves our whole family in this has a major impact. And of course, the tax savings and the returns make it interesting for everyone”, says Heleen.

Making it discussable

In practice, however, it turns out that working on such projects together is not a given. “You often see that business-related matters are only discussed with the successors. That often leads to misunderstanding among other family members”, Tom mentions. “Sitting down together in time and creating a situation where everyone can share their personal preferences and expectations prevents a lot of trouble.”

Do you have any questions?

Do you have any questions or are you curious if we can be of service to each other? Feel free to contact me.