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Government-backed small business insolvency pathway

What is Small Business Restructuring?

SBR is a formal process that helps eligible companies compromise debt while directors keep control. For viable businesses under pressure, it can provide a path to keep trading rather than close down.

3,388+

Appointments (July 2022 - December 2024)

87%

Approval rate

93%

Still trading post-SBR

$1,000,000

Current liability cap

Source: ASIC Report 810: Review of small business restructuring process 2022-24, June 2025. See the full data in our SBR statistics dashboard.

TL;DR
  • Formal insolvency process — SBR operates under Part 5.3B of the Corporations Act 2001 (Cth), introduced in January 2021 for eligible Australian Pty Ltd companies with total liabilities under $1 million
  • Directors stay in control — unlike voluntary administration where an external administrator takes over, directors retain management of the business throughout the SBR process
  • Five-step process — (1) eligibility check, (2) appointment of an ASIC-licensed restructuring practitioner, (3) a 20-business-day restructuring phase, (4) a 15-business-day creditor vote requiring 50%+ approval by dollar value, and (5) plan execution for up to 3 years
  • 87% plan approval rate — per ASIC Report 810, 93% of businesses continue trading after SBR, and typical debt reductions range from 60–80%
  • Cost: $15,000–$30,000 total — median practitioner fees are $16,137 (restructuring phase) and $6,739 (plan administration), significantly less than voluntary administration ($50,000+)
  • ATO approves 90%+ of plans — the ATO votes in favour of SBR plans over 90% of the time where it is a creditor
  • Key eligibility requirements — Pty Ltd company structure, liabilities under $1M, up-to-date tax lodgements, not already in external administration, and no director use of SBR in the prior 7 years
Quick Clarity

What Small Business Restructuring Is and Is Not

What it is
  • Formal legal restructuring process
  • Designed for eligible small companies in distress
  • Directors usually remain in control
  • Requires practitioner oversight and creditor vote
What it is not
  • Not a guaranteed debt write-off
  • Not available to every business structure
  • Not a substitute for ongoing tax compliance
  • Not risk-free if cash flow cannot support the plan
Why Businesses Choose SBR

Benefits of Small Business Restructuring

Why viable businesses use SBR instead of waiting until options narrow.

Debt Reduction

Most viable plans target meaningful debt compromise while keeping the operating entity alive.

Directors Stay in Control

You usually retain management control instead of handing operations to an external administrator.

Continue Trading

Revenue operations can keep running while the plan is prepared and voted on.

Enforcement Pause

Appointment can pause active creditor enforcement and create immediate breathing room.

DPN Window Support

In time-critical DPN scenarios, SBR can be part of a fast protective response strategy.

Employee Priority

Employee entitlements are priority obligations and should be treated accordingly in the plan.

How Small Business Restructuring Works: Step-by-Step Process

Core timeline from first appointment to final plan completion.

Structured Timeline

Most of SBR is a structured execution process

The strongest outcomes usually come from fast preparation, disciplined communication with creditors, and a realistic payment plan.

Fast preparation

Complete financial records and plan documentation quickly to maximize timeline efficiency.

Disciplined creditor communication

Maintain consistent messaging to build confidence and prevent narrative drift.

Realistic payment plan

Develop achievable payment terms that creditors can support and the business can deliver.

Business meeting focused on restructuring plan and timelines
Day 0-1 Step 1

Assessment and Appointment

  • Initial eligibility check and practitioner engagement
  • Directors resolve to appoint a restructuring practitioner
  • ASIC notice lodged and process formally starts
Days 1-20 Step 2

Restructuring Phase

  • Business continues trading under director control
  • Financial position is reviewed and plan is drafted
  • Plan must generally provide creditors a better outcome than liquidation
Days 21-35 Step 3

Creditor Voting

  • Plan and report are issued to creditors
  • Creditors vote over 15 business days
  • Approval is by value of debts voting
Up to 3 years Step 4

Plan Performance

  • Company makes agreed payments under the plan
  • Practitioner supervises distributions and compliance
  • When complete, covered debts are released according to the plan terms

Small Business Restructuring Costs and Practitioner Fees

What most owners want to know early: cost range, structure, and what changes the quote.

Median restructuring phase fee

$16,137

ASIC Report 810 (2022-24 sample)

Median plan phase fee

$6,739

Plan administration period

Typical total range

$15k-$30k

Varies by complexity and creditor mix

Main factors that affect cost

Number and complexity of creditors

Quality and speed of financial records provided

Disputed debts and legal issues

Cash flow complexity and plan design

For a full breakdown of practitioner fees, payment structures, and ROI analysis, see our detailed SBR cost guide.

Risks and Limitations of Small Business Restructuring

  • Not every company qualifies, especially if lodgements are not up to date.
  • Plans can fail creditor voting; rejection still leaves directors with urgent decisions.
  • Cash flow discipline is critical. Missing plan payments can put the company back at risk.
  • SBR is a legal insolvency process and should be managed with licensed practitioner advice.

Should Your Business Consider SBR? Decision Checklist

Use this quick checklist before committing:

  • Is the core business still commercially viable after debt relief?
  • Can you keep up with ongoing tax lodgements and current obligations?
  • Do you have reliable cash flow forecasts for plan payments?
  • Are directors prepared to provide complete financial records quickly?
  • Have you compared SBR with VA, liquidation, and informal workout options?

SBR vs Liquidation vs Voluntary Administration: Comparison

Feature SBR Voluntary Admin Liquidation
Directors in control Yes No No
Business continues trading Yes Uncertain No
Typical cost $15-30k $50k+ $20k+
Timeframe 5-6 weeks to vote 2-3 months+ 6-12 months
Debt compromise potential Often high Varies N/A

SBR Eligibility Requirements in Australia

You must satisfy all legal criteria. This is a practical summary, not legal advice.

Pty Ltd company

SBR is for eligible proprietary companies, not sole traders personally.

Liabilities under threshold

Current cap shown in this guide: $1,000,000.

Lodgements current

Tax lodgements generally need to be up to date or rectified quickly.

Not already in other administration

Cannot already be in liquidation or another disqualifying process.

7-year director rule

Directors cannot have used SBR in the prior 7 years.

Sources and References

Key references used across this page:

Regulatory settings can change. Confirm current eligibility and thresholds before acting.

Common Questions

Frequently Asked Questions About Small Business Restructuring

Director planning next steps with restructuring documents on desk
Act before options narrow

Check Your Small Business Restructuring Eligibility

If you are facing ATO pressure or creditor enforcement, timing matters. Validate eligibility quickly and move with a licensed practitioner if suitable.

Check Your Eligibility