To conduct enterprise restructuring successfully and safely, enterprises need to comply with legal regulations, which is an indispensable issue in parallel with developing restructuring plans, orientations, and contents.
Normally, enterprises will carry out restructuring in the following basic forms such as personnel restructuring, enterprise restructuring, and dependent unit system restructuring. With any enterprise, each change is affected by legal regulations, which can only be made within the scope permitted by law. However, in reality, not every business owner or management team thoroughly understands most of the relevant legal knowledge. Hence, many potential risks exist because it is not always possible to negotiate with other parties efficiently. Therefore, it is necessary to assist a team of legal consultants or lawyers in the enterprise restructuring process. So, specifically, what is the work content that a lawyer or legal consultant must do in the enterprise restructuring phase?
1. Human resource restructuring
- Resolving labor legal issues in case of redundancy of employment;
- Counseling on, offering solutions to renegotiate issues of salary and bonus for employees for new titles/positions;
- Preparing job descriptions for each title and position;
- Developing, appraising the overall management system (rules, regulations, statutes, procedures, forms).
2. Enterprise restructuring
- Counseling on restructuring plans to meet enterprises’ transformation requirements.
- Counseling on, implementing types of enterprises transformation procedures;
- Building, completing internal documents; amending the Charter, internal management regulations, financial regulations...
3. Dependent unit system restructuring
- Counseling on M&A includes: counseling on legal regulations related to company mergers; Drafting and completing company mergers dossiers and representing company to implement company mergers procedures;
- Counseling on company demergers: counseling on legal regulations related to company demergers: drafting and completing company demergers dossiers and representing company to implement company demerger procedures;
- Counseling on establishing subsidiaries: completing subsidiary establishment applications and submitting applications to the competent authority;
- Counseling on establishing branches: completing branch establishment applications and submitting applications to the competent authority;
- Counseling on turning representative offices into branches;
- Counseling on turning branches into subsidiaries.
When restructuring, most enterprises focus on how to achieve proposed plans and implement these plans within the financial allowable range but they forget that each change occurs governed by laws.
The lack of legal consultant teams not only causes many difficulties for the staff during the restructuring process due to carrying out many administrative changes procedures and documents but also contains many unpredictable potential risks related to disputes over labor issues or disputes due to lack of transparency or legal clarity when choosing the form of M&A...
With lawyer teams with many years of experience in counseling, representing enterprises to conduct legal procedures to negotiate, and to resolve disputes, Phong & Partners possesses the ability to confidently provide you with the best quality legal services, bringing trust and satisfaction to your enterprise and partners.
PHONG & PARTNERS LAW FIRM
Add: 6th Floor, Thanh Loi Building, 249 Nguyen Van Linh Street, Danang city - 0905.102425
Son Tra Branch: 01 Dong Giang street, Danang city - 0905.205624
Lien Chieu Branch: 21 Truong Van Da street, Danang city - 0901.95099
Ngu Hanh Son Branch: 03 Chu Cam Phong street, Danang city - 0905.579269
Tel: 0236.3822678
Email: Phongpartnerslaw@gmail.com
Web: https://phong-partners.com
