Company Restructuring


Is your existing structure the optimal structure for you? What is best for you; a sole trader, partnership, LLP or limited company? Do you have, or should you have a group structure with subsidiaries? In particular the tax treatment is different for each type of business as is the risk carried. You may be better off, or subject to less risk if you restructure.

Our Solicitors are guided by your businesses’ values and objectives and will work with you to restructure it for the future.

We regularly advise on:

Tax efficient restructuring

Many successful businesses that have grown over the years have not looked at whether their structure is the most tax efficient way of conducting business. Do you want to be operating in the Corporation Tax regime, Income Tax or a combination of the two? If you are considering a business sale, what is the best structure for the company or for you as an owner?

Increase of share capital and allotment of shares

Increasing investment in this manner is often an efficient way to fund new ventures or to reward key employees. We will take you through the transaction from start to finish, including reviewing your company’s articles and setting up tax efficient share option schemes, such as an Enterprise Management Incentive (EMI) scheme.

Hive-up or down of assets in group structures

It makes sense to allocate assets in group companies to minimise tax, risk and administration. It is often the case that companies who have been through periods of change whether by expansion, merger or acquisition, benefit greatly from this kind of restructuring.

Company purchase of own shares

Sometimes a company may wish to reduce the number of shares in circulation, normally to buy out a retiring director or an exiting investor. We can guide you through this potential minefield to the completion of your objectives.

Seeking sources of equity and/or loan finance

If you are looking to bring in outside investment to help fund your business opportunities, we can advise on sources of finance such as EIS & SEIS schemes, angel investors, directors’ loans and debentures. We can also draft the agreements and company documents necessary to give all parties peace of mind.

Change from sole trader to partnership

If you are looking to form a partnership from an existing business we can create partnership agreements to define the relationship that you want to create.

Variations of partnerships for incoming or retiring partners

If you are looking to expand or reduce your partnership we can provide admission and retirement documents, we can also assess your existing agreements to make sure they properly deal with these issues.

Incorporation of sole trader / partnership into a limited company / limited liability partnership

Incorporation is an important step in the evolution of many businesses. Our solicitors will expertly guide you through the process and explain the many benefits that come with it and help you to avoid the pitfalls.

Our company and commercial team is headed by Martin Reynolds an experienced commercial solicitor with a background in commercial dispute resolution and insolvency law. To contact Martin and his team; call 0118 958 9711 or email martin@barrettandco.co.uk.

Lawyers for Business

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