Corporate Restructuring and Corporate Succession Planning
If you are seeking a business lawyer, corporate lawyer, merger lawyer, or acquisitions lawyer we know there are lot of reasons why a business will restructure whether it is tax considerations, attracting or keeping key personnel, strategic ownership with new shareholders or partners, transitioning the business to children or key personnel as a part of succession planning, removing a shareholder or partner, or permitting the investment of existing key personnel or related persons.
A restructuring can take take a variety of forms from amalgamation of related or unrelated corporations, incorporation of operating and holding companies to address risk, restructuring for key personnel and strategic ownership, restructuring for succession planning whether it estate freeze purposes or transition to new ownership, restructuring for the separation of assets between parties, restructuring in contemplation of a purchase, sale or merger of the business.
In addition to the business considerations that are motivating the restructuring and the various forms the restructuring can take, there are a lot of other considerations involved in restructuring that are as individual to the business, industry, and parties involved including tax considerations, financing and lender considerations, industry and regulatory considerations.
As an Edmonton law firm with a diverse group of clients, we know every transaction is as individual and unique as the business, industry and parties involved.
A restructuring can require numerous agreements ranging from unanimous shareholder agreements, business financing and lending agreements, business capital and investment agreements, professional corporation requirements, directors, officers and shareholders indemnification agreements, and corporate governance documentation .
It is important to start taking steps to address risk and uncertainty at the outset of a restructuring from the very basic structure of the transaction, to due diligence matters to address the various considerations involved, to bringing certainty to the transaction with an agreement between the parties and how the business will carry on after the restructuring.
Also, if it is a merger of businesses or there are there are multiple buyers how the business will carry on will need to be determined.
Our corporate services are for closely held [non-distributing] corporations.
For whatever stage your dealings are in whether it is negotiation, due diligence, drafting up an agreement to reflect the negotiations, satisfying financing obligations, closing the transaction or or dealing with disputes we advice and represent our clients in meeting their wide variety of contract needs which often are as unique as the transaction, industry and individual parties involved.