Until now, the general approach has been that a company cannot claim privilege against its own...
The restructuring of a company or a reorganisation may occur for a variety of reasons.
Common reasons for undertaking a transaction of this type include:
- Risk management or mitigation
- Management or staff incentive
- Tax planning
- Succession planning
- Returning cash or assets to investors
- Dispute resolution
- New investment
- Financial distress
Complex Restructuring
Critical to any successful reorganisation is an understanding of its underlying purpose. We take time to understand your needs to deliver not only the suitable outcome, but also with a view to ensuring that the cost and complexity of the structure is proportionate to the underlying objective and perceived benefit.
In more complex cases we work closely with specialist tax advisers and accountants, delivering innovative and unique solutions. We provide a City firm law service at a fraction of the cost.
Not only are we involved in the restructuring of share capitals of businesses that may involve demerger or a reduction of capital, but we also undertake wider financial restructuring that may involve the introduction of new or replacement funding, debt for equity swaps or capitalisation.
We can provide you with a turn-key solution, designing and documenting an appropriate structure.
Routine restructuring
Some restructuring may be routine in nature or a client may have a recurring need for a particular type of transaction, for example where there is a phased retirement of a number of investors. In these cases, we may be able to produce a standard template document pack or we may be asked to provide some procedural guidance only where a client is comfortable in preparing its own documentation and undertaking its own filing at Companies House.
We may be able to undertake routine restructuring work on a fixed fee basis where the parameters of our scope of instruction are unlikely to change.
Proactive approach
We are proactive in our approach to restructuring. An apparently routine transaction might have wider consequences that might require revised articles of association or a shareholders’ agreement.