Things can be stressful when a company risks losing the business. This can be seen in financial statements and day to day monitoring of cash flows and income reports. Businesses need to recognise the indicators of imminent bankruptcy and should take steps to save the situation by considering some necessary legal or corporate measures. One consideration when this situation arises is corporate restructuring.
Corporate structuring requires the “shaking” of the corporate resources, processes and systems to come up with a more viable structure in order to sustain the business.
It requires a detailed study and analysis of the current business models, marketing strategies, human resource structures, financial processes, expenditures, and other operational aspects of the business. It can also involve studying the external factors that affect the current business condition. In other words, corporate restructuring is a holistic approach to ensure the business will still be worth operating, making it profitable and reasonable to operate.
Businesses that are in the process of corporate restructuring would admit that it is not easy. There is a need to seek business legal advice to make sure that every move is aligned with what the law prescribes. Because human resources can be affected by some decisions, there should a careful implementation of strategies by considering labour and related law. In the same manner that the restructuring can affect some financial processes, inputs about financial laws and taxation considerations will be important.
Undertaking the process without the advice of legal business experts is can in itself be a corporate risk.
Thus, it is best to make sure that the new processes and systems are implemented smoothly with a legal business service provider by the company’s side.
Legal business service on corporate restructuring can cover several areas depending on the size and complexity of a company. If there is a merger and acquisition transaction that transpired resulting in restructuring, advice on matters involving company assets, shares and other business aspects are covered in this service. Concerns on the increase and decrease of capital can also be considered in the legal advising process.
Company liquidations, simplifying management and functional department structures, creation of branches and subsidiaries, share buy-back alternatives, and transfer and division of businesses are other areas that can be addressed when a company has a legal business service by its side. The nitty-gritty details can be taken care of by the experts.
The process of corporate restructuring requires the maximum participation of the people, starting from management down to the rank and file level. Legal services are available along the way as the processes of consultation and notification of implementation are done. The necessary government laws on affected areas will surely be considered as new policies and systems will be put into place.
Generally, the process can be smooth when the legal considerations are part of every decision. This is what can make corporate restructuring easy. The steps are carefully taken and the results are carefully laid to ensure a favourable outcome.
06 March 2012