Australia Business Rescue is a specialist Restructuring practice assisting small to medium sized businesses (SMEs) Restructure their affairs for the sole purpose of saving the business or business model and maximising the outcome to stakeholders.
In Australia, Restructuring is governed by the legal insolvency framework. Under this framework, you are required to be a Registered Liquidator to be able to carry out Formal Restructuring or other Statutory Processes to assist Companies and other Incorporated Entities trade out of their financial difficulty, rid the burden of debt and save the underlying business.
Australia Business Rescue was founded to provide clarity to the diverse SME marketplace of the range of services available to meet the needs of SMEs through Financial Risk Stages of their Business Cycle.
ABR AdvisoryWe provide advisory services where you need personal advice concerning your business and your personal financial situation where there are concerns around your personal assets being exposed.
Voluntary AdministrationA voluntary administration is a process at law available to Companies where they are insolvent or likely to become insolvent because of the occurrence of one or more events. A voluntary administration allows a business to continue in existence whilst the appointed Voluntary Administrator makes an assessment of its ongoing viability, restructures the business where necessary to improve viability and makes a recommendation to the Company’s Creditors as to the Company’s future; either that the Company be returned to the Directors because it is no longer insolvent, or that the Company enter a Deed of Company Arrangement, which is a repayment plan for Creditors, or otherwise that the Company be placed into Liquidation because there is no alternative.
Deed of Company ArrangementA Deed of Company Arrangement “(DOCA”) is a formal documented plan to repay Creditors a certain cents in the dollar on the debts owed by the Company. This process usually follows a Voluntary Administration and must present a better outcome to Creditors than what they would receive if the Company was placed into Liquidation. The DOCA usually requires a Deed Fund to be established, and may comprise asset realisations or Director/Shareholder contributions. The Deed Fund must provide a better financial outcome to Creditors than they would get from a Liquidation. If Creditors by a majority accept the DOCA proposal, the Company enters into that agreement and the payment of the debts by the amount agreed will be full and final settlement of those debts. The business and the Company then go on to continue in existence viably.
Going Concern Sale of BusinessWe are able to sell businesses through a Voluntary Administration, Liquidation or Receivership. Either of the above processes enable an independent person, a Registered Liquidator, who becomes the Company’s agent, to step into the shoes of the Company, as the Company’s agent, and seek to sell the business on the open market. Whilst a Company may be in Voluntary Administration, Liquidation or Receivership, the role of the appointed agent is to recover the maximum amount possible from the available assets of the Company, including its entire business. The best price obtained in any given situation is market price. The best price ultimately obtained on the market may be less than all of the debts of the Company, and the role of the appointed agent would then be to distribute the proceeds of sale in accordance with the priorities at law. The Company may be left in external administration with unpaid debts/Creditors, who will have to write off any debts that remain unpaid. The business on the other hand continues into existence.
We assist SMEs in need of:
My business has debt that it is struggling to pay which could be crippling to the business. What are my options ?
A no-obligation financial review by us is your first step to working out the best options available. We may be able to assist with Safe Harbour protection, an SME Restructuring Plan under the Government’s proposed reforms to assist SMEs impacted by COVID-19, or a Voluntary Administration.
Each of these options allow you / your business to renegotiate, restructure or compromise your debts through a statutory process to enable breathing room for your business and ultimately long-term viability.
How do I safely and comfortably secure a compromise with my Creditors so my business can succeed ?
This outcome can be achieved through a Safe Harbour plan, an SME Restructuring Plan or a Voluntary Administration transitioning to a Deed of Company Arrangement.
Under a Safe Harbour we assist you renegotiate payments with suppliers, improve revenue and rationalise expenses in the business, all whilst protecting you from insolvent trading.
Under and SME Restructuring Plan or a Voluntary Administration/Deed of Company Arrangement, we assist you identify your legitimate Creditors and work with you to develop a repayment proposal to your Creditors that is commercial, realistic and timely.
Commercial, realistic and timely payment plans are the essential ingredients in securing a successful compromise of debts to free your business up for success.
What if my business does not qualify for a restructure ?
A business can be saved through a Voluntary Liquidation and going concern sale or sale on the open market.
We may be able to license your business back to you or a third party on commercial terms for an interim period, enabling the business to continue to operate, or alternatively we can stand the business down for trade for a short period.
In the interim period we would seek a sale of the business on the open market. Any party interested in the business is able to make an offer for its purchase, including the existing Directors or Shareholders.
The bidder with the highest and securest offer for the business is who the business will be sold to.
Whilst the Company would be in Liquidation, the business would be saved with a new owner and new capital injection into the business.