For a business to grow and succeed over time change is inevitable. Individual, Organizational and Enterprise Change Management are crucial to a business’s future success. A well thought out plan should consider the full organization and the needed or desired changes to transform from the current state to the desired state.
Optimus’ Change Management Subject Matter Experts (SMEs) provide in-depth knowledge and expertise that enables Organizations and their teams to adapt - often times very quickly – to be able to continue their business while creating a competitive advantage.
Case Study - Corporate Separateness: Entity and Contract Review
Client: Energy Producer
Challenge: After a merger and a buyout, a large energy producer engaged Optimus to help review their contracts, rights, obligations and legal structure. People, processes, tax and regulatory rules and business strategy had changed over the years resulting in a complex legal structure with entities that were no longer necessary. Additionally, the purpose of the entities and the contracts were mis-aligned in many instances as compared to operational data flow. The concern for the entity was that in business practicality, they were operating outside of the existing contractual documentation and should the need for stand alone financials be required, they would not have the proper documentation in place to meet the rules for corporate separateness.
Additionally, they wanted to ensure that each portfolio of assets could stand alone and have clear corporate separateness.
Solution: Optimus worked with the company to identify current structure and identify entities without activity, holdings or rights. These entities were then either removed or merged with other entities. (diagrams 1&2)
As a second step, all contracts related to any asset business were identified, documented and diagramed. The diagram compared actual product flow to contract language as well as to cash movement. The result was a visual flow (diagram #3) which identified where contracts were either missing, not flowing according to contract descriptions or where cash was not being paid into the correct accounts, causing unnecessary accounting entries.
Result: The client was able to clean up both their legal entity structure and their contracts for a more streamlined process from top to bottom.