Review and improve your business and asset-holding structures

We review business and asset-holding structures to identify gaps and protect what you have built from the risks of what you are building.

The structure of your business and how your personal assets sit alongside it determines how much of your personal wealth is exposed to business risk. A structure that has not been reviewed as the business has grown may no longer draw the line between business and personal assets in the place you need it. We review existing arrangements and advise on the changes that would provide better separation and stronger protection.

What does a business and asset-holding structure review involve ?

A business and asset-holding structure review examines how a business is owned and operated, where personal assets sit in relation to that business, and whether the legal structures in place effectively separate business risk from personal wealth.

The review considers the risk of personal liability for business debts and obligations, including whether director liability under the Corporations Act 2001 (Cth) can reach personal assets, whether personal guarantees have created exposure that is not offset by the structure, and whether trading assets and investment assets are appropriately separated.

It also considers whether any restructuring that has occurred over time has created unintended vulnerabilities or tax implications, and whether the structure remains appropriate given the current scale of the business and the personal assets now accumulated alongside it. We conduct structure reviews, advise on the changes needed to improve the protection available, and assist in implementing recommended changes in a way that is tax-effective and legally defensible.

Can a business debt affect my personal assets?

Whether a business debt can affect personal assets depends on the structure of the business and whether any personal liability has been created. If the business is operated through a company, the liability is generally limited to the company, but directors can be personally liable for certain debts under the Corporations Act 2001 (Cth), including unpaid superannuation, PAYG withholding, and GST under the director penalty regime, and under personal guarantees given to lenders or suppliers. We review the specific liabilities that apply to the business and advise on whether personal assets are exposed.

What is the benefit of separating trading assets from investment assets?

Keeping trading assets and investment assets in separate structures means that a claim against the trading business does not automatically reach the investment assets held separately. A business that trades and holds its investment property in the same entity exposes both to the risks of the trading activity, including creditor claims, litigation, and insolvency. We advise on the most appropriate structure for separating trading and investment assets and the tax implications of any restructuring.

Business risk and personal wealth assessed in the same review.

Vulnerabilities identified before they are tested by a claim or insolvency.

Restructuring implemented in a way that is tax-effective and legally defensible.

A structure that has not been reviewed as the business has grown may not protect what it was designed to protect.

The business you are running today is not necessarily the business you started with, and the structure you put in place then may not reflect the scale of assets or the risks that are now present. A review is most valuable when nothing is pressing, because that is when the full range of options for improving the structure is still available.

The line between business risk and personal wealth is only as clear as the structure that separates them.

Your business is growing and so are the assets you have built alongside it. But whether those assets are protected from the risks of the business depends on the structure, and a structure that was adequate when the business was smaller may not be adequate now. The gap between what the structure looks like and what it actually protects is worth knowing before it is tested.

We will review your existing business and asset-holding structures and assess where business risk and personal wealth are and are not effectively separated.
We will identify vulnerabilities in the current structure and advise on the changes needed to improve the protection available.
We will advise on the tax implications of any proposed restructuring and implement changes in a way that is effective and defensible.
We will advise on ongoing risks as the business develops and the structure needs to be reviewed again.

You have built a business and accumulated personal assets alongside it, but if both sit in the same legal structure, the risks of the business and the security of your personal wealth are not as separate as they may appear.

Business risk and personal wealth occupy different parts of your life, but in the wrong structure they can occupy the same legal space. A claim against the business, a personal guarantee called on, or a dispute with a business partner can reach personal assets if the structure does not draw a clear line between them. The purpose of a structure review is not to find problems that do not exist. It is to confirm whether the line between your business interests and your personal wealth is as clear as you need it to be, and to identify where it is not.

What's included in your business and asset-holding structure review

Business and asset-holding structure assessment.
Personal liability and guarantee exposure review.
Trading and investment asset separation advice.
Restructuring advice and implementation.
Ongoing structure review and monitoring advice.

What goes wrong when business and asset-holding structures are not reviewed as circumstances change?

Business owners who have not reviewed their structure since it was first established often find that the business has outgrown its original design without anyone noticing. The trading entity now holds investment assets that were not originally intended to sit there. Personal guarantees have accumulated over time. New assets have been acquired into the wrong entity. None of these gaps are the result of bad decisions made at the time. They are the result of a structure that was never revisited as the business evolved.

Here is how we review and improve your business and asset-holding structure.

We review the existing structure in its current state, taking into account how the business has developed and what personal assets now sit alongside it. We identify where business risk and personal wealth are not effectively separated and advise on the changes needed to close those gaps. We manage the implementation of any restructuring in a way that is tax-effective and achieves the intended protection.

Three steps to reviewing and improving your business and asset-holding structure.

Structure reviewed, gaps identified, protection improved.

Review the structure.

We review your existing business and asset-holding structures in the context of how the business has developed and what assets now need to be protected.

Advise on improvements.

We advise on the changes needed to improve the separation between business risk and personal wealth and the tax implications of any proposed restructuring.

Implement and monitor.

We manage the implementation of recommended changes and advise on when the structure should be reviewed again as the business continues to develop.

Lawyers experienced in business and asset-holding structure reviews, director liability, and personal asset protection across Australia.

Business owners who have been focused on growing their business often find, on review, that the structure has not kept pace with what has been built. The gaps that exist are rarely the result of poor decisions. They are almost always the result of a structure that was appropriate at the time it was created and has simply not been revisited. We conduct structure reviews with that understanding and advise on improvements without assuming the existing structure was wrong.

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Ready to review your business and asset-holding structure?

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