Company Restructures

What is a Company Restructure?

Generally, a company undergoes a restructure if it needs to:

  • enhance shareholder or business value
  • adapt to changing market conditions or competitive pressures
  • attract additional equity
  • become a more bankable organisation
  • return capital to shareholders
  • repay a Division 7A loan from sources other than cash
  • tidy up its capital structure
  • prepare for deregistration
  • undertake an internal re-arrangement in a group of structures.

These objectives can be achieved in a number of ways:

Reduce issued capital

  • redemption
  • share buy back
  • capital reduction

Make changes to the share capital

  • creation of new classes
  • variation of rights to existing classes
  • conversion from one class to another
  • divide or consolidate its existing shares

Undertake tax effective transactions

  • issue shares as a result of a roll-over

Change its type, commonly

  • change from proprietary to public limited by shares
  • change from public limited by shares to proprietary
  • change from public limited by guarantee to proprietary or public company limited by shares
  • changes between a standard proprietary company and a special purpose trustee SMSF trustee company
  • migrate to become an incorporated association

What’s required?

Generally, you need to provide:

  • a company search or report
  • details of the end objective
  • the current constitution


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