Solvent Restructuring

Over time corporate structures can become overly complex or cease to be appropriate for the evolving trade of the business. When a company reaches the end of its useful life it needs to be wound up in an orderly manner.

With the effects of the pandemic and implications of Brexit, many business owners are in a situation where they need to adapt and make changes to protect shareholder value. Whether you are retiring, selling a business, diversifying, removing dormant companies or wish to retain parts of the business that are performing better whist ringfencing high-risk areas, Solvent Restructuring can ensure that wealth can be extracted in the most tax-efficient way for your shareholders.

There are many tax implications as a result of restructuring, and it is essential you seek professional advice. At Mercer & Hole, we have an experienced restructuring team who can advise and support you throughout the whole process and find a tailored solution that best suits the needs of your entire business and key stakeholders.

• Members Voluntary Liquidation (MVL)
A company may reach a point where it has no further purpose, for example, due to retirement of the owners. If it has sufficient assets to pay all its liabilities with interest within 12 months, then an MVL, or solvent liquidation, is a tax efficient means of closing the company and distributing its assets to its shareholders. We can guide you through the whole process from preparing the paperwork for the stakeholders through to providing specialist advice on restructuring under the section 110 Insolvency Act 1986. Read more about the MVL process here.

• S110 demerger/reconstruction
A section 110 demerger involves closing a holding company via solvent liquidation. An organisation might want to simplify its structure for example to sell parts of the business that are underperforming or to facilitate a succession plan. There are many tax-related issues that may arise during a section 110 demerger and completing the process in the most tax-efficient manner is a key consideration. We can advise as to whether this is the most appropriate course of action for your organisation.