fbpx

INSOLVENCY AND BUSINESS TURN-AROUND SPECIALISTS

INSOLVENCY AND BUSINESS TURN-AROUND SPECIALISTS

010 286 1966 | [email protected]

We are experts in

corporate structure

We can help you create a corporate structure that is perfect for your business.
Protect your business assets from unforeseen circumstances like liquidation. 

5+ star Google review

We are experts in

corporate structure

We can help you create a corporate structure that is perfect for your business. Protect your business assets from unforeseen circumstances like liquidation. 

5+ star Google review

CORPORATE STRUCTURING

Corporate structuring is the restructuring of existing companies or the set up of new companies as a tool of risk mitigation. When combined with a good corporate structure, separation of ownership and effective control is highly beneficial. The separation of assets and risks allows for more simple and efficient management while grouping categories of risks together can help mitigate potential tax liability.

CORPORATE STRUCTURING

Corporate structuring is the restructuring of existing companies or the set up of new companies as a tool of risk mitigation. When combined with a good corporate structure, separation of ownership and effective control is highly beneficial. The separation of assets and risks allows for more simple and efficient management while grouping categories of risks together can help mitigate potential tax liability.

LIMITED LIABILITY

In South African Law, companies have a separate legal persona and limited liability. This is however many times circumvented by signing personal surety. A good corporate structure will take into account personal sureties and protect the corporation as well as directors in their personal capacity should personal cross sureties be required by creditors and financial institutions.

LIMITED LIABILITY

In South African Law, companies have a separate legal persona and limited liability. This is however many times circumvented by signing personal surety. A good corporate structure will take into account personal sureties and protect the corporation as well as directors in their personal capacity should personal cross sureties be required by creditors and financial institutions.

CORPORATE STRUCTURING

It is not enough to simply put a company on your spouse or your children or friend or family member’s name. A good corporate structure will make use of the separation of ownership, but the stakeholders will still retain control. Keeping control of your structure, even in the event of insolvency, is of utmost importance.

Separation of ownership

It is not enough to simply put a company on your spouse or your children or friend or family member’s name. A good corporate structure will make use of the separation of ownership, but the stakeholders will still retain control. Keeping control of your structure, even in the event of insolvency, is of utmost importance.

DOCTRINE OF ESTOPPEL

Should the ownership of a company be placed on a third party’s name, you may not in future claim that the company was, in fact, yours to begin with. The doctrine of estoppel will have the effect that ownership will be regarded as vesting in the third party. This usually comes into play when the third party’s decedents lay claim to the company.

DOCTRINE OF ESTOPPEL

Should the ownership of a company be placed on a third party’s name, you may not in the future claim that the company was, in fact, yours to begin with. The doctrine of estoppel will have the effect that ownership will be regarded as vesting in the third party. This usually comes into play when the third party’s decedents lay claim to the company.

Structure your company

The goal of a good corporate structure is to separate ownership, control, and liabilities while also grouping risks together.

CORPORATE STRUCTURE

The main goal of a good corporate structure is to separate ownership and keep effective control whiles separating assets and risks and grouping categories of risks together with the mitigating tax liability

CORPORATE STRUCTURE

The main goal of a good corporate structure is to separate ownership and keep effective control whiles separating assets and risks and grouping categories of risks together with the mitigating tax liability

About Breyten Potgieter

Breyten Potgieter is one of South Africa's leading insolvency attorneys. Get the right advice for you and your business. Know your option when it comes to Voluntary Liquidation.

When things get tough, you don’t have to face them alone. Our team has helped thousands of people to get out of debt, and back on their feet, with over 12 years of experience in liquidations, sequestration, insolvency rehabilitation, trusts and company registrations, we are the professionals you need to get you taken care of.

About Breyten Potgieter

Breyten Potgieter is one of South Africa's leading insolvency attorneys. Get the right advice for you and your business. Know your option when it comes to Voluntary Liquidation.

When things get tough, you don’t have to face them alone. Our team has helped thousands of people to get out of debt, and back on their feet, with over 12 years of experience in liquidations, sequestration, insolvency rehabilitation, trusts and company registrations, we are the professionals you need to get you taken care of.