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A restructuring will always be accompanied by a strategy, as it is a process planned to readjust the processes of a company, which aims to achieve better results. With the changes taking place in the Market, it is essential for Organizations to adapt to these changes in order to remain active, thus allowing the Business to become more competitive in the current scenario.
Here we separate everything you need to know about corporate restructuring: its importance, benefits and how it can transform your business. Check out.
It is a reorganization of an Organization’s corporate structure, either by changing or adapting the way the Company is inserted in the Market.
Restructuring is a common practice in the business sector, with different purposes – from the acquisition of new partners as well as strategically preserving the competitiveness of the business.
There are several types of corporate reorganization, they have specific objectives and benefits, and it is up to the manager to define according to the strategic purpose of his Business. We list below the main modalities, check it out:
It is the division of a Company, where the Organization is transferred to another, being:
It is the process where only a part of the equity is transferred to other companies and receives the name of partial spin-off, and the company that acquits the equity is responsible for the part that acquitted, remembering that the company can be created unique and exclusive for this Finally, in this case we are facing a form of spin-off called pure, processes as such will always be regulated by the Brazilian Corporate Law No. 6,404 / 76.
It is when the capital of a company is divided between two or more companies where it in turn acquires the capital and together with it, assume all the obligations and all the rights of the company.
Example: Smiles is a company that manages the frequent flyer program in which Gol Linhas Aéreas customers and their partner airlines can accumulate points and exchange for benefits in tourism and entertainment.
When two or more companies are grouped, generating a new company. In this case, the formed company must acquire new records before the authorities (federal, municipal and state)
Example: Merger between Peugeot and Fiat, giving rise to Stellantis
In this reorganization, the (merged) Company is now controlled by another (merging company), assuming the rights, obligations and responsibilities of the merged Company.
Example: The incorporation of Sadia by BRF, in 2012.
It is directly related to the change in the type of society’s regime. For example, a company LTDA to EIRELI, LTDA to S.A. Thus, the change will be subject to the approval of all partners of the Company or with the majority of shareholders, the latter in case there is the release mentioned in the Company’s articles of association.
Example: Magazine Luíza spurred technological innovation, becoming known as Magalu.
Yes, tax planning is one of the main objectives that will be analyzed. First of all, the Company must observe the most advantageous taxation system for its Institution, be it Real, Simple or Presumed Profit. Your company’s tax planning must be carefully analyzed, Conmax can help you by carrying out a more in-depth analysis, verifying the Company’s structure, and analyzing the type of taxation that may be most favorable to you.
Technological Update and Processes
Strengthening the brand in the market
Business Diversification, solving economic problems in the Company
It is extremely important to hire the service of a consultancy specialized in corporate reorganization, providing concrete solutions in all stages of the process, and guiding your Company towards the best decisions.
Conmax’s expertise guarantees success in these procedures, for more than 30 years, customer satisfaction is our main focus. Count on our Consultant Team.