Business restructuring and optimisation

Restructure your business so it works for where you are headed.

Business structures are built for the business as it exists at the time, not the business it becomes. As your enterprise grows, takes on new stakeholders, changes direction, or approaches a sale, the original structure can become a liability – legally, commercially, and from a tax perspective. The right restructure, planned properly, can unlock value, reduce risk, and position the business for what comes next.

Business restructuring and optimisation

ADLV Law will analyse your current structure, identify the legal, tax, and commercial issues it creates, and advise on a restructure that serves the business as it is today and where it is headed.

What are the signs my business structure needs to change?

Common triggers for a business restructure include taking on new shareholders or investors, preparing for a business sale, adding new business lines or activities, concerns about asset protection, significant growth in the value of the business, changes in ownership such as a partner exit or new partner joining, and tax inefficiency that has become apparent over time. If any of these apply to your business, a structure review is a worthwhile investment.

Can I restructure my business without triggering tax?

In many cases, yes. Australian tax law provides a range of rollover concessions that can allow assets to be transferred between entities without triggering an immediate CGT or income tax liability. Various other provisions may be available depending on your circumstances. Whether and how these apply requires careful analysis, which is why restructuring should always be done with proper legal and accounting advice working together.

How long does a business restructure take?

The timeline depends on the complexity of the restructure. A straightforward restructure involving a small number of entities can typically be completed within four to eight weeks of receiving your instructions. More complex restructures – involving multiple entities, external stakeholders, or regulatory approvals – will take longer. We will give you a realistic timeline as part of our initial advice.

Do I need both a lawyer and an accountant for a business restructure?

Yes. A business restructure has both legal and tax dimensions that must be managed in coordination. The lawyer handles the legal structure – the documents, entity changes, and regulatory filings. The accountant handles the tax analysis and implementation – ensuring rollover elections are made correctly, that stamp duty and GST implications are addressed, and that the restructure is reflected correctly in the financial accounts. We are experienced in working with accountants in this way and will coordinate the process so nothing falls between the two.
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Fix what is holding you back

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Unlock real improvements

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Position for what is next

Review your structure before the problems compound.

Now you understand the essentials. Let us show you exactly how we help families like yours secure their legacy.

The wrong business structure costs more than you realise.

An outdated business structure creates friction in every direction. It can expose assets that should be protected, create tax inefficiencies that compound year after year, and make it harder to execute commercial transactions. The longer the structure remains unaddressed, the more complex and expensive the eventual fix becomes.

Start, expand and restructure your enterprise

When the structure you started with is holding the business back

You built the business in one structure because it was simple or because it was right at the time. The business has grown, new shareholders have joined, new business lines have been added, or you are now thinking about bringing in an investor or planning an exit. The structure that made sense at the start does not make sense now.

You are not sure exactly what needs to change, but you know something does – and you want advice from someone who can look at the whole picture.

What's included in your business restructuring service

The wrong structure is quietly costing your business.

The cost of operating in the wrong business structure is rarely visible on any single day. It shows up over time – in tax paid that could have been deferred or avoided, in assets exposed when they should be protected, in commercial opportunities that cannot be executed cleanly because the structure is not set up to accommodate them.

By the time a business owner recognises the problem clearly, it has often compounded for years. The restructure that would have been straightforward and relatively inexpensive three years earlier has become a complex exercise requiring careful sequencing to avoid triggering unnecessary tax.

From a structure that holds you back to one that works

We start by understanding the business as it is. Its structure, its stakeholders, its commercial trajectory, and the specific problems the current structure is creating. We then advise on the most practical path forward, accounting for available tax rollovers and concessions that can reduce the cost of the restructure.

Once you have decided on a path, we manage the implementation, including drafting legal documents, the regulatory filings, and the coordination with your accountant – so the restructure is executed correctly and the business can move forward.

Your business restructure roadmap.

From an outdated structure to one that works for your business today.

1

Structure review

We review your current structure, associated documents, and the business as it operates today to identify what needs to change and why.

2

Advice and planning

We provide written advice on the available restructure options, the tax implications of each, and our recommendation for your situation.

3

Implementation

We manage the legal implementation of the agreed restructure, coordinating with your accountant to ensure it is executed correctly.

Business lawyers with deep experience in corporate restructuring and tax-effective business reorganisation.

We know that restructuring an operating business is more complex than setting one up. There are tax implications to manage, documents to prepare, regulatory requirements to meet, and day-to-day operations to protect throughout the process. Our team has managed restructures across a wide range of business types and sizes from small business roll-overs to complex multi-entity reorganisations, we know how to get the structure right without disrupting the business.

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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:

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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.

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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.

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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.

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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.

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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.

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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.

Review your structure before the problems compound.

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