Restructuring of enterprises

As a company or organisation grows, the owner will want to develop new activities or prepare the business for sale. There may be plans to purchase business or office premises. The business activities may be split up or a merger may be on the agenda. All these activities come under the heading ‘restructuring’, which is a collective term for changes in the company structure.

Changes in the company structure

Some examples:

  • Converting a one-man business into a private limited company.
  • Setting up a new company for a project in order to spread risks.
  • The business premises, which may or may not have been purchased, are held in a separate private limited company which is to function as an intermediate holding company.
  • A participation that needs to be transferred to another group company.
  • Activities that are carried out by one private limited company and are split off into a separate company, because the risks need to be spread or because there is a buyer who wants to take over part of the company.
  • Activities that are carried out by two private limited companies and are brought together in one private limited company by means of a merger.
  • The issue of depositary receipts for shares.

There are many other reasons for restructuring a company, and just as many possibilities. Restructuring may involve the entire legal repertoire of corporate law.

In the case of restructuring, the tax consequences must be examined carefully in advance, covering aspects such as the incorporation of legal entities, the transfer of shares, legal divisions, and legal mergers with all the associated documentation. Where necessary, consultations with a tax expert, an accountant and the tax authorities will be required.

Expertise required

Restructuring requires legal and fiscal expertise and guidance. Hekkelman has the right people and expertise on board. We will take care of the right agreements and documents and relieve you of your worries. Where necessary, we will consult your other advisors (with your permission). Feel free to contact us for an exploratory discussion.