What do I need to consider when restructuring my company?
February 8, 2024 | 40,00 EUR | answered by Chloé Schmitt
Dear Sir or Madam,
my name is Sophia Vollmann and I am the managing director of a medium-sized company in the field of IT services. In recent years, our business areas have changed significantly and we would like to restructure our company in order to better respond to current market conditions.
The current state of our company is that we are currently operating as a GmbH and have several subsidiaries. As part of the restructuring, we may consider merging, selling business units, or entering new business fields. As the managing director, I have some questions and uncertainties.
Firstly, I am unsure about the legal steps and requirements that need to be considered during a restructuring. What changes need to be made in the articles of association, for example? Are there any legal regulations that need to be followed? How can I ensure that all parties involved are treated fairly?
Furthermore, I am concerned about the potential tax implications of a restructuring. How can we ensure that we are optimally positioned from a tax perspective and avoid unexpected tax burdens?
In summary, my question is: What do I need to consider during a restructuring of my company to avoid legal and tax pitfalls and ensure a successful implementation?
I would be very grateful if you could provide me with specific advice and recommendations on how to best plan and implement my restructuring process.
Yours sincerely,
Sophia Vollmann
Dear Ms. Vollmann,
Thank you for your inquiry regarding the restructuring of your company in the field of IT services. Such a realignment is an important step to adapt to current market conditions and to operate successfully in the market.
When restructuring a company, there are various legal and tax aspects to consider in order to avoid legal and tax pitfalls and ensure successful implementation.
First and foremost, it is important to consider the legal steps and requirements when restructuring. In the case of a GmbH, changes to the articles of association must be made to implement the planned measures. It is advisable to seek legal advice to ensure that all legal regulations are complied with. Additionally, you should ensure that all parties involved are treated fairly to avoid conflicts.
In terms of the tax implications of restructuring, it is important to consult with a tax advisor early on. A tax expert can assist you in optimizing your tax position and help you avoid potential tax burdens. Together, you can discuss tax aspects such as restructuring costs, tax loss carryforwards, and tax optimization measures.
To best plan and implement your restructuring process, I recommend assembling a team of experienced lawyers, tax advisors, and business consultants. These experts can support you in designing and implementing your restructuring and provide you with specific advice and recommendations.
Finally, I would like to emphasize that a well-thought-out and carefully planned restructuring can be crucial to the success of your company. I wish you success in implementing your plans and am happy to assist you with any further questions.
Best regards,
Chloé Schmitt
Corporate Lawyer
