Social, economic and juridical changes usually force enterprises to keep on being flexible in order to adapt themselves to the market restrictions.
A restructuration may result in a growth situation that imposes a renovation of the enterprise’s gears, or in a financial crisis. It is a set of operations that acts on the share capital, and that can be either positive or negative, but may be also a heavy restructuration plan that can deeply affect other restructuration plans of at least one enterprise : fusion, splitting, or partial assets.
Whether they are generated because of losses in order to avoid bankruptcy or not, the restructuration plans, have heavy juridical consequences. We can see changes on the enterprise’s structure, activity, and its employment contracts that bound the enterprise to its employees, the relationship with the collective representation organs, as well as the terminations.
The capital’s restructuration operations may result in a growth of the share capital. Operations that aim to diminish the capital, however, need a particular attention, while the other operations have to respect the rights of the shareholders and the associates.
Other restructuring operations, that are usually heavier, can be applied to enterprises that require a law specialist that will take care of the law questions. These are the absorption and fusion operations by creating a new enterprise.
The restructuration operation initiative is pretty much bold, but at the same time, dangerous. Its success depends on the observation of the legal dispositions that govern the related field without forgetting the pursuit of the human and social relations.
This is why the presence of a competent lawyer is more than often required in order to perform this particularly delicate operation. Risk’s prevention and the biggest juridical protection insurance are crucial for any enterprise.