How long does small business restructuring take?

Short answer

About 7 weeks from appointing the practitioner to knowing whether creditors accept the plan. The law gives 20 business days to lodge a restructuring plan, extendable once by up to 10, then 15 business days for creditors to vote. If it passes, payments usually run for 1 to 3 years. Getting lodgements and super up to date beforehand is often the slowest part. See the small business restructuring guide.

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The timeline, step by step

StageHow longWhat happens
Before appointmentDays to monthsLodge overdue BAS and returns, pay employee super that is due, confirm liabilities are under $1 million, choose a practitioner.
Day 1Directors resolve to appoint the restructuring practitioner. Unsecured creditors, including the ATO, are frozen from enforcement. You keep running the business.
Proposal period20 business days, extendable once by up to 10Practitioner reviews the books, verifies eligibility, and helps you draft the plan and the offer to creditors.
Voting period15 business days from when creditors receive the planCreditors return their statements. The plan passes if a majority in value of those who vote say yes. Related creditors are excluded.
Plan periodCommonly 1 to 3 yearsCompany pays the agreed amounts; the practitioner distributes them. Plan ends when the last payment is made.

In calendar terms, 35 business days is roughly 7 weeks. Extensions, or a dispute about who is owed what, can stretch that to 9 or 10 weeks.

What slows it down

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The 21 day clock that matters more

The 7 weeks above is the process. The date that decides whether the process protects you personally is different. If the ATO has posted a director penalty notice, appointing a practitioner within 21 days of the date on the notice remits a non-lockdown penalty. Appointing on day 22 does not, however well the plan then goes. Lockdown penalties are not remitted by restructuring at all. Does SBR protect me from a DPN sets out the detail.

That is why the preparation stage cannot be left until a notice arrives. A company whose lodgements are years behind cannot get a practitioner appointed in 21 days. If restructuring is not achievable in time, liquidation can be started in a few days and has the same remitting effect on a non-lockdown notice, at the cost of the business. SBR versus liquidation compares the two.

What to do next

  1. Find out today which BAS, returns and super payments are outstanding, because that list sets your real start date.
  2. If a director penalty notice has arrived, count 21 days from its date and tell any practitioner you speak to about that deadline first.
  3. Ask the practitioner for a written timeline that shows the proposal period, the vote date and the proposed plan length before you appoint them.

Related questions

Can I keep trading while the restructuring is running?

Yes. That is the point of the process. The directors stay in control of the business during the proposal and voting periods and throughout the plan. Transactions outside the ordinary course of business need the practitioner's consent, and creditors cannot enforce debts that arose before the appointment while the restructuring is on foot.

Is there a maximum length for a restructuring plan?

The law does not fix a maximum in months; the plan ends when its terms are fulfilled. In practice most plans run between 1 and 3 years, and practitioners and the ATO generally prefer shorter plans because the longer the period, the greater the chance of a breach. A longer plan that offers more can still fail if the ATO doubts the business can sustain it.

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More questions: 16 Bankruptcy, liquidation and SBR questions questions answered · Full guide: Liquidation & ATO debt

General information only - not legal, tax or financial advice. Consider advice from a registered professional about your circumstances.