Business Structuring

Business Structuring


Implementing the right financial and legal structures from the get go can help your business avoid any issues down the track. O’Reilly Law provides specialist advice regarding best practice for business structuring. It is important to note that over the years there has also been an increased focus on proper corporate governance. The setting up and maintaining of good corporate governance structures is key in preserving any business operation and reputation.


We help entrepreneurs, SMEs and business owners get their businesses up and running as quickly as possible, with all of the necessary paperwork, financial and legal structures in place – right from the start; and also advise a business owners on proper corporate governance and navigate them through the commercial and regulatory universe when they are in the midst of a restructure, merger and/or acquisition.


Our expertise includes:


  • advising on the best corporate structure for your business;
  • advising on the types of legal entities available;
  • advising on shareholder agreements, trust deeds and partnership agreements;
  • advising on best corporate governance practices;
  • advising on management buy-outs (MBO’s) and buy-ins (MBI’s);
  • acting as the point of contact with your tax specialists and other professional advisors during corporate restructurings;
  • taking leading role in merger & acquisition transactional management; and
  • advising on group restructurings including deferred tax / “corporate roll-over relief’’ transactions under the Income Tax Act (including section 42  asset-for-share transactions, section 44 amalgamation transactions; section 45 intra-group transactions; section 46 unbundling transactions).



Restructuring, Business Rescue and Insolvency



Business restructuring involves complex legal and taxation issues. As every business is different, the strategy for restructuring will need to be tailored to your unique needs.


When tough economic times are the order of the day, it is important that a business considers all its options available in order to manage its financial difficulties. You want to explore ways to resolve the issues without necessarily  winding up the business entirely. Also, putting procedures in place early could potentially save the business from an untimely demise.


In instances where restructuring and/or business rescue is not viable, liquidation may be the only option.


Our restructuring, business rescue and insolvency lawyers work closely with you and your team to implement the most effective strategies when restructuring your business; and can competently advise directors, stakeholders, employees and creditors during all stages of a restructure, business rescue process and or liquidation.


Our expertise includes:


  • advising on all aspects of formal restructuring procedures such as business rescue, liquidations and schemes of compromise;
  • advising on distressed merger and acquisition-related transactions;
  • advising on capital and cash flow recovery and debt collection procedures;
  • advising on directors’ fiduciary duties during periods of financial distress and restructurings;
  • advising on the commencement of liquidation proceedings;
  • advising on the management of claims in the liquidation process; and
  • advising on labour law and employment-related aspects of liquidating a business.


Give us a call at 021 9488 273, request a Zoom chat or send us an email at info@oreillylaw.co.za, for more info.

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