Reorganization of the enterprise's activities may be forced or voluntary . In the second case, the company's management bodies make a decision independently, believing that as a result of certain corporate transformations, higher efficiency of commercial activities will be ensured (there will be an opportunity to attract investments, the transparency of the management structure will increase, etc.).
The initiative to carry out a forced reorganization of an enterprise often comes from shareholders or other management structures of the company, but this is not caused by the desire to ensure some improvements, but is due to compliance with the norms of the law. Such a decision may be due to the fact that the threshold for the number of employees, legislatively provided for a specific legal form of organization of a legal entity, has been exceeded. Forced reorganization of an enterprise is sometimes carried out when changing the non-profit status, to solve certain problems within the framework of fiscal or corporate disputes, as well as in a number of other cases.
There are also such options for shareholder database forced reorganization of enterprises that are undertaken without taking into account the opinion of the management structures of the companies on the basis of a court decision or the relevant state bodies. In these cases, the procedure can only be carried out by dividing or separating the organization. Most often, these situations are associated with the implementation of the order of the Federal Antimonopoly Service of the Russian Federation.
Often the purpose of enterprise reorganization is to structure the business in the following areas:
formation of an optimal holding structure that would take into account the interests of all major shareholders;
creating a safe environment that promotes the effective solution of current business problems;
formation of a management structure for a group of enterprises corresponding to the legal form of a holding;
structural modernization to increase the investment attractiveness of the business;
choosing optimal, safe and legal methods of tax planning.
Decisions on the establishment and reorganization of the enterprise are made by the general meeting of shareholders. In order to approve the program of relevant events, it must be supported by at least 3/4 of the holders of voting shares.
When making a decision on the reorganization of an enterprise, the greatest difficulties arise with the settlement of issues arising from minority shareholders. They may put forward various demands for the implementation of the program of such events: clarification of the price of shares allocated by the shareholders' meeting, transfer of various assets to the management structures, etc. To settle all issues, work should be carried out with the holders of voting shares (before the meeting on the reorganization). It is necessary to explain the goals of changes in the legal structure of the company, show the planned results, talk about the main stages of the transformation program and answer all questions that arise.
To manage the reorganization of the enterprise, it is necessary to create a team including lawyers, real estate specialists and production management specialists.
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Alexander Kuleshov
Alexander Kuleshov
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