Business Restructuring
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Business Restructuring Overview

We understand that business restructuring can be a complex process, and we’re here to provide you with the expert guidance you need to navigate structuring your business correctly. Whether you’re looking to restructure your business through company registrations to establish a new legal entity, create a discretionary trust for asset protection, draft business terms and conditions to protect your interests, negotiate shareholder agreements to define ownership and decision-making, our legal team has the knowledge and experience to assist you.

Our experienced team specialises in various aspects of company law, including company registrations, discretionary trusts, business terms and conditions, shareholder agreements, and trust deeds.

What are the different type of structures?

there are several types of business structures that individuals and organisations can choose from, depending on their needs and goals. These business structures include:

  1.  Sole Proprietorship: This is the simplest and most common type of business structure, where an individual operates a business as the sole owner. The owner has complete control over the business and is personally liable for all debts and liabilities.
  2.  Partnership: A partnership is formed when two or more individuals or entities come together to operate a business. Partners share the profits, losses, and responsibilities of the business, and may have different levels of liability depending on the type of partnership (general partnership or limited partnership).
  3.  Company: A company is a separate legal entity from its owners, and is formed by registering with the Australian Securities and Investments Commission (ASIC). Companies have shareholders who own the company and directors who manage its operations. Shareholders’ liability is generally limited to their investment in the company.
  4.  Trust: A trust is a legal arrangement where a trustee holds and manages assets on behalf of beneficiaries. Trusts are commonly used for investment and asset protection purposes, and can also be used as a business structure. There are different types of trusts, such as discretionary trusts and unit trusts, each with its own set of rules and regulations.
  5.  Not-for-profit organisation: A not-for-profit organisation is a type of business structure that is established for charitable, religious, or community purposes, and operates to benefit the public. Not-for-profit organizations may be incorporated or unincorporated, and have specific legal requirements and tax concessions.

It’s important to note that each business structure has its own legal, financial, and operational implications, and it’s essential to seek professional advice and carefully consider the specific needs and goals of your business before choosing a business structure in Australia.

We offer the following business structuring services?

We offer comprehensive legal services related to shareholder agreements. Our experienced team of business lawyers provides the following services tailored to your specific needs:

Contact us today to schedule a consultation and take the first step towards restructuring your business?

FAQs

What does it mean to restructure your business?
Restructuring a business involves the assessment of your current business and evaluating whether there is any effective means to operate your business.
Is there any tax consequences to restructuring your business?
In some circumstances where roll overs are not available there may be capital gains, stamp duty or other tax consequences. Business owners must carefully consider in conjunction with their accountant whether there may be any unplanned tax consequences.

The content of this article is intended as a general guide to the subject matter and not to be relied upon as legal advice. For specific legal advice about your individual circumstances, please contact our experienced lawyers.