Restructuring & Insolvency

What to do if your company needs to alter its structure

Not all restructuring comes about because of insolvency. There are often very practical reasons why a company may need to alter its structure. The idea of de-mergers and reconstructions is in principal simple, but each step must be properly documented, and the order of the de-merger is often very precise.

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The Companies Act 2006 requires board minutes, shareholder resolutions and statutory forms to be drafted, signed and lodged with the Registrar in order for a de-merger and reconstruction to validly take place. Complex tax rules also apply which require the process of demerging to be clearly and fully documented for tax clearances to be valid.

We work closely with your tax advisors who are often the authors of the de-merger plan.  Our corporate team have undertaken a number of de-mergers and reconstructions and has the experience and knowledge to put together the necessary documentation in an efficient and effective manner.

Insolvency is often part of the life cycle of a business. Our corporate team act for clients both individuals and companies who are in financial difficulties as well as those who are looking to acquire businesses and assets from administrators.

Whether it is acting for the purchaser of a business in administration or acting for administrators who are selling a business in administration, our corporate team can help with drafting and advising on the necessary sale and purchase agreements, employee liabilities and property transfers.

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Meet OUR experts

Commercial Disputes Team

Head of Dispute Resolution

Holly Minney

Holly is a Member and Head of Mullis and Peake’s Dispute Resolution Department

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Senior Associate Solicitor

Esther Marshall

​Esther is a Senior Associate Solicitor and works in our Dispute Resolution team 

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