Strategic Restructuring for Tomorrow's Transition
Whether you're planning a sale, preparing for family succession, or just cleaning up a structure that's grown organically, strategic restructuring puts your business on firmer ground.
- Pre-sale structure clean-up
- Asset protection through holding companies
- Succession-ready entity structures
What’s included
- Current structure audit
- Target structure design
- Tax coordination with your accountant
- Roll-overs and share transfers (Division 122, 328-G, etc.)
- New entity formations
- Trust establishments and deed variations
A business structure that grew by accident rarely suits what you need next
Most small businesses start with a simple structure - sole trader or single-company. Over time, new trading entities get added, properties get bought in mixed names, loans get made between related parties. By the time a sale or succession is on the horizon, the structure is a tangle. Untangling it is slower and more expensive than getting it right earlier.
- Pre-sale due diligence exposes structural issues that reduce sale price
- Commingled assets between business and family create tax exposure
- Absent holding companies leave operating businesses exposed to creditor risk
- Family succession is much harder with a tangled structure
A clear process, not a legal maze.
Audit the current structure
We map out entities, asset holdings, inter-entity loans, shareholdings, trust structures. We identify what's working and what's tangled.
Design the target structure
Sam works with you (and your accountant) to design the end-state structure - clean, tax-efficient, protected, and ready for whatever comes next.
Execute the changes
Roll-overs, share transfers, trust amendments, new entity formations, ASIC lodgements. Done carefully, with the tax implications managed throughout.
Here’s what you get when you work with Sam.
Sam did wills for my extended family and he was not only lovely to deal with, but efficient and very knowledgable. I wouldn't hesitate to refer my family and friends to him.
Frequently asked questions
Strategic restructuring is the process of re-shaping a business's legal structure - entity types, ownership, asset holdings, inter-entity relationships - to better suit where the business is heading. Usually driven by a future event: a sale, family succession, or a significant change in how the business operates.
Typical triggers: you're considering a sale in the next 2-5 years, you want to separate operating risk from valuable assets, you're planning family succession, or the current structure was built ad-hoc and doesn't fit the business you run now.
Potentially, but there are several roll-over provisions (Division 122 for small business restructures, Division 328-G, various CGT rollovers) that let many restructures proceed without immediate tax. Every restructure needs accountant and lawyer working together - Sam coordinates that.
Yes. The accountant handles tax calculations and ATO lodgements. The lawyer handles the transaction documents, entity formations, and asset transfers. Done right, we work as one team - we've done it with many accountants across Adelaide.
Strategic restructures are quoted individually because the work depends on the number of entities, assets involved, and tax roll-overs required. Sam will propose a fixed fee for each phase after the initial consultation so you always know the cost before work begins.
Usually 3-6 months from decision to execution, sometimes longer for complex family groups. Some restructures need to align with financial year dates for tax purposes - we plan timing carefully.
You may also want to look at
Business Succession Planning
Selling, stepping back, passing to family, or planning for the unexpected - a proper succession plan turns a vulnerable business into a durable one.
Learn moreCompany Constitutions
Most Australian companies run on the replaceable rules - a generic default that wasn't designed for your business.
Learn moreShareholder Agreements
A good shareholder agreement is the document no one reads until something goes wrong - and then it's everything.
Learn moreReady to tidy the structure before it matters?
Book a confidential conversation with Sam. We'll walk through your current setup and tell you honestly whether a restructure is worth considering.
- Free 20-minute initial conversation
- Fixed-fee quotes before any work begins
- Home visits available across Adelaide
- Typically 2 weeks to signed documents