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Reshape the business without creating new problems

A business may need to restructure because it is growing, preparing for investment, separating activities, managing risk or responding to financial pressure. Whatever drives the change, the legal structure must support the commercial plan. We help you choose and implement a route that protects continuity, assets, contracts and the people involved.

Our teams in Exeter, Plymouth, Plymstock, Torpoint and Tavistock support business restructuring projects across the South West.

Plan the consequences before moving the pieces

Changing ownership or moving assets between companies can affect contracts, employees, property, funding arrangements, licences and tax. Consents may be needed, liabilities may follow an asset and a poorly sequenced reorganisation can interrupt trading. We map the legal steps, identify dependencies and work with your financial and tax advisers so the restructuring is implemented in the right order.

How we can

help you

We advise on group reorganisations, share exchanges, demergers, hive-ups and hive-downs, asset transfers, changes to ownership, refinancing support and preparations for sale or investment. We can draft the corporate approvals and transaction documents, review existing obligations and coordinate employment, property and commercial contract work where required.

Why choose CWC Solicitors

Restructuring often involves several connected transactions rather than one document. Our corporate solicitors keep sight of the overall outcome while managing the detail that makes it deliverable. You will receive clear advice on the available routes, the legal risks and the work needed from CWC and your other advisers, with a practical plan for getting the change completed.

Frequently asked questions

Still unsure or need something explained in more detail? Contact us, and we’ll guide you through it.

Restructuring may be appropriate when a business is preparing for sale or investment, separating a division, ring-fencing assets, bringing in new owners, simplifying a group, refinancing or responding to trading pressure. The right timing depends on the commercial objective and any tax, funding or contractual constraints.

A solvent reorganisation is usually undertaken for strategic, ownership, risk or efficiency reasons while the business can meet its obligations. An insolvency restructuring addresses actual or potential financial distress. If insolvency is a concern, directors should take specialist insolvency and financial advice immediately because their duties and available options may change.

They can, but the transfer must be properly documented and may require lender, landlord, customer, supplier or regulatory consent. Property, employees, intellectual property, licences and tax consequences need separate consideration. The fact that companies are within the same group does not remove the need for a valid legal transfer.

That depends on the contract and the restructuring route. Some agreements restrict assignment, transfer or a change of control. Others may terminate automatically or require consent. Reviewing key contracts early helps protect business continuity and prevents the restructure from triggering an avoidable breach.

Changes to the employing entity, workplace, role or workforce may create employment law obligations. Depending on the circumstances, consultation, information, transfer protections or redundancy processes may apply. Employment advice should be coordinated with the corporate timetable rather than addressed after the structure has been decided.

The documents depend on the structure but may include board and shareholder approvals, share transfer or share exchange documents, asset transfer agreements, new articles, shareholder agreements, intercompany arrangements and filings. Property, employment, finance and commercial documents may also need to be amended or replaced.

A simple internal change may be completed relatively quickly. A multi-company reorganisation involving tax clearance, funding, property, employees or third-party consent will take longer. The timetable should allow for advice, approvals and implementation in the correct sequence, particularly where several steps must occur on the same day.

The core team commonly includes the business owners or board, corporate solicitors, accountants and tax advisers. Depending on the project, lenders, insolvency practitioners, employment advisers, property specialists, valuers or regulators may also need to contribute. Agreeing responsibilities early avoids gaps and duplicated work.

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