Explainer
Small Business Restructuring (Part 5.3B), explained
Small Business Restructuring (SBR) is a formal restructuring process for small companies with $1 million or less in total liabilities. Directors stay in control. A registered practitioner helps develop a restructuring plan that creditors vote on. SBR appointments now make up more than 20% of all corporate external administrations.
What is Small Business Restructuring?
Small Business Restructuring (SBR) is a formal insolvency process under Part 5.3B of the Corporations Act 2001, introduced on 1 January 2021. It is designed for small companies that are insolvent or likely to become insolvent, where the directors want to restructure debts and continue trading.
Unlike voluntary administration, the directors stay in control of day-to-day operations during the process. A registered Small Business Restructuring Practitioner is appointed to advise the directors and certify the restructuring plan to creditors.
Eligibility — Part 5.3B.03 of the Corporations Regulations
To use SBR a company must satisfy several conditions: total liabilities of $1 million or less (excluding employee entitlements paid in full and related-party debts); the company must be insolvent or likely to become insolvent; all tax lodgements must be substantially up to date; employee entitlements must be paid in full before the plan is proposed; and the company must not have used SBR or simplified liquidation in the prior seven years.
The $1 million threshold is set in regulation, not in primary legislation, and has been the subject of ongoing federal insolvency reform consultation. The threshold stood at $1 million as at May 2026.
How the process works
Once a registered practitioner is appointed, the directors have 20 business days to develop a restructuring plan, with the practitioner's certification. The plan is put to creditors, who have 15 business days to vote. A simple majority by value of unrelated creditors is required for the plan to bind all creditors.
If the plan is accepted, it is implemented under the practitioner's oversight. If the plan is not accepted, the company may transition to voluntary administration or liquidation.
Outcomes
ASIC's review of the SBR cohort from 1 January 2021 indicates that 89.4% of companies whose SBR plan was completed remained registered. SBR appointments now account for approximately 20.1% of all corporate external administrations in Australia, up from a tiny share in earlier years.
These outcomes are encouraging for eligible cases but the process is not for every company. It works best when the company has a real underlying business and a debt structure that can be reset within the $1 million envelope.
When SBR is not the right tool
If total liabilities exceed $1 million, SBR is not available. Voluntary administration under Part 5.3A is the larger-scale equivalent.
If employee entitlements are unpaid and cannot be cleared before the plan is proposed, SBR is not available. The company will need to look at administration or liquidation.
If the underlying business is no longer viable, restructuring debts does not save the company — it just delays a closure that needs to happen anyway. A free conversation through the Small Business Debt Helpline (1800 413 828) is the right place to test viability honestly.
Key facts
- $1 million threshold
- Total liabilities cap, excluding employee entitlements paid in full and related-party debts.
- 20 + 15 days
- 20 business days for the plan, 15 business days for the creditor vote.
- Directors stay in control
- Unlike voluntary administration, the directors continue to run the business during the process.
- 20.1% of external administrations
- SBR now accounts for about a fifth of all corporate external administrations in Australia.
Frequently asked questions
- Who can act as a Small Business Restructuring Practitioner?
- Only practitioners registered with ASIC. Verify any practitioner through the ASIC registered liquidator and SBR practitioner search before any engagement. Initial conversations are commonly free.
- Does SBR write off tax debts?
- An accepted restructuring plan can compromise ATO debts to the extent agreed by creditors voting in favour. The ATO is a creditor and will vote according to its own framework, including reference to whether lodgements are up to date and whether the underlying business is viable.
- Can a sole trader use SBR?
- No. SBR is for companies under Part 5.3B of the Corporations Act. A sole trader's options are personal — informal arrangements, a Part IX debt agreement, or bankruptcy via AFSA. The National Debt Helpline (1800 007 007) and the Small Business Debt Helpline (1800 413 828) are the right first calls.
Sources
- Corporations Act 2001 — Part 5.3B
- ASIC — Small Business Restructuring
- ASIC Report 810 — Insolvency statistics
We do not refer to commercial debt-relief operators.
Every service we point you to is free or low-cost, government-funded or not-for-profit, and independent of creditors. If a paid operator is offering to negotiate your ATO debt or run a Part IX agreement for a fee, talk to the Small Business Debt Helpline first — 1800 413 828, free.
TEKVA provides information, not financial counselling or legal advice. Checked May 2026.