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Business Structures

Factors
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The key factors in deciding on a structure for a business are usually the following:

 

  • Tax

  • Asset protection

  • Funding and exit strategies

 

It’s therefore important to speak to your accountants as well as your lawyers about your business structure.

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You will need to decide what entity the business will operate through and whether there will be a holding entity, service company or other related entities.

Architectural Detail Close-up

Firm Foundation

Operating entity

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The first decision is usually whether the owner(s) will trade:

 

  • in their own name, or

  • through an entity.​

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If there is more than one owner and they trade in their own names, they are usually in partnership (and should have a Partnership Agreement).

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If the owner(s) will trade through an entity, which entity type will they use?  Entities commonly used include:

 

  • companies

  • trusts

  • partnerships

  • joint ventures

 

If there is more than one owner and they trade through a company (or unit trust), they need to decide who will own the shares (or units) (and they should have a Shareholders/Unitholders Agreement).

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Holding Entities

 

You should consider whether you want valuable assets to be held in a separate asset holding entity (and if so, whether there should be a group holding company).

 

Other structures might be relevant, depending on the circumstances.

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Structuring Advice

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Deciding on a structure can get complicated.  Businesses tend to want to keep things simple but resist the temptation to avoid the question of structuring altogether, as you may regret it later:

 

  • it’s usually a lot more complicated and costly to change structure later on than set it up initially

  • it’s risky - one of the aims of structuring is to manage risk, and if the structure isn’t right, risk might turn to reality

 

Advice on structuring is recomended.

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