Corporate structure best practices for leveraged operations
A businessman who habitually takes on liabilities to finance capital requirements for his commercial activities ought to split those activities into different companies.
The sole purpose of trading through a company or companies is to trade with other people’s money, and so the thinner the capital the more advantageous from a commercial point of view and from a tax point of view. And so a smart businessman should be looking to separate key assets from the main trading activities by splitting the business.
The entity that borrows should be cash flow rich but asset poor. It is up to the banker/lender to protect itself through seeking guarantees or ordering a corporate reorganisation to curve risk before advancing large loans. But because the bulk of the bank’s work is done by non-lawyers, this hardly ever happens.
This opens up opportunities for the businessman to lay traps for the bank/lender and to open up escape routes for the business to fend off aggressive recovery if it ever gets to that point, and to get away through corporate law technicalities and in the meantime allow the business the much needed window to reorganise and mobilise funds to pay off debt before the business is taken down by the lender.