Company Restructuring Solicitors Northern Ireland

Company Restructuring

We offer assistance in business restructuring, to benefit your company by helping you manage risk, streamline, become tax efficient and, if necessary, aim to avoid the necessity of formal insolvency. Our expert team of solicitors can ensure that all conditions have been assessed before deciding the optimal way forward for your Northern Ireland-based company.

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At P.A. Duffy & Co., we provide company restructuring in a wide range of areas for companies in differing situations. Our areas of expertise include:

  • Articles of Association

  • Creation of a Parent or Holding Company

  • Creation of New Classes of Shares

  • Re-Designation of Share Capital

  • Sub-Division of Share Capital

  • Capitalisation and Bonus Issues of Shares

  • Company Secretarial Work associated with Company Restructuring

Our expert solicitors can provide legal expertise and guidance, helping the company navigate the complex legal aspects of restructuring, mitigating legal risks, and ensuring that the process is executed smoothly and in accordance with the law.

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What are the Legal Considerations in Company Restructuring?

Company restructuring involves complex legal considerations to ensure the process complies with relevant laws and regulations. Our team specialises in corporate law and restructuring and can provide support in the planning and execution of company restructuring and can help to navigate these legal considerations effectively and ensure that the process is in compliance with the law. Considerations include:

  • Shareholder Approval: Major restructuring decisions often require shareholder approval. Shareholders may need to vote on resolutions, such as mergers, demergers, or changes to articles of association. Our legal experts can advise on the appropriate procedures for obtaining shareholder consent.

  • Contractual Obligations: Existing contracts and agreements, including customer contracts, supplier agreements, and leases, need to be reviewed to determine if restructuring will lead to contract breaches or require renegotiation.

  • Regulatory Approvals: Certain restructuring activities, especially in regulated industries, may require approvals from government agencies, regulatory bodies, or competition authorities. Our legal team can guide the company through the regulatory approval process.

What is Debt Restructuring?

Debt restructuring is a financial process that involves modifying the terms of outstanding debt to help a debtor manage their financial obligations more effectively. This process can apply to individuals, businesses, or even countries. Debt restructuring is typically pursued when a debtor is facing financial distress or is unable to meet their debt obligations under the original terms. The primary goals of debt restructuring are to make the debt more manageable and to avoid default, bankruptcy, or insolvency.

What is Financial Restructuring?

Financial restructuring is a corporate strategy or process that involves making significant changes to a company's financial structure, often with the aim of improving its financial health and operational efficiency. This type of restructuring is typically initiated by businesses facing financial distress, cash flow problems, or other financial challenges.

Are there Tax Implications in Company Restructuring?

Yes, there can be significant tax implications in company restructuring. The specific tax consequences of restructuring will depend on various factors, including the type of restructuring, the jurisdiction in which the company operates, and the applicable tax laws. Our specialist will guide you through what taxes may affect your company. Common tax implications that should be considered during restructuring include:

  • Capital Gains Tax: If a company sells assets or divisions as part of a restructuring, it may be subject to capital gains tax on any profits earned from the sale.

  • Debt Forgiveness: When a company restructures its debt, such as through debt forgiveness or modification, it could face tax consequences. Debt forgiveness may be treated as income for tax purposes, potentially leading to additional tax liabilities.

  • Value Added Tax (VAT): In some countries, restructuring transactions can trigger VAT liabilities. For instance, the sale of assets or the provision of services may be subject to VAT, impacting the overall cost of the restructuring.

  • Stamp Duty: Some jurisdictions impose stamp duty on certain transactions, like the transfer of shares or property. The amount of stamp duty payable can vary depending on the nature and value of the assets being transferred.

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Our team of expert solicitors will be happy to assist you with your enquiry without any obligation to use our services. Contact us using your preferred method and we will gratefully assist.
Contact Details
Call Us From Northern Ireland
028 8772 2102Mon-Fri 9am-5pm
Call Us From Republic Of Ireland
01 533 7860Mon-Fri 9am-5pm

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Our Company Restructuring Solicitors

Kieran QuinnKieran QuinnDirector
Emma McCaulEmma McCaulSolicitor
Ellen BatesEllen BatesTrainee Solicitor
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