June 2022
One of the great problems within business is operating efficiently, i.e., whilst making very few mistakes, delivering product and services on time and getting paid in a timely manner for your efforts. Operating a business is difficult enough, however when mistakes are made, they negatively compound efficiency problems and increase costs.
Furthermore, when mistakes are made, it causes a loss in cashflow and profits by allowing your customers to raise an excuse to slow pay your invoices. In times like these, there is nothing your cash strapped customer likes better than another excuse to avoid paying their suppliers. A number of your customers of doubtful integrity or the zombies, may even instigate a program of raising false credit claims based on your business’s history of making mistakes.
The truth is unfortunately, that in time many cash strapped, inefficient, and heavily indebted suppliers may become insolvent before their customers pay them. After all, your suppliers’ creditors may also be pressing them:
1 to pay more quickly;
2 to clear older debts because the supplier is now on stop supply with their creditors;
3 to pay cash up front or on reduced terms because of their own past slow paying history;
4 because the ATO has forwarded a Director Penalty Notice (DPN);
5 as the directors now fear for their good reputations;
6 because the directors fear being found guilty of insolvent trading;
7 as the business has been closed by the owners as it is unprofitable; etc.
On top of all the other negative factors associated with mistakes, time is a major factor. Not only do you need to find the time to fix the mistake, you need employees to also have the time to process the mistakes. As we know, almost every business is currently affected by staff shortages. If that is the case in your business, the question is “… when will your mistakes be resolved?”
It also goes without saying, if there is any delay in processing mistakes, you still may not get paid or earn a dollar. Many mistakes may not result in the raising of an invoice or adjusting the value of an invoice already raised. In addition, if the time delay is protracted, and you are dealing with a zombie business, you may find they are no longer in business.
In resolving the factors which create mistakes, you will often find elements of commonality. In other words, the same mistakes made today, were made yesterday, and unless the causes have been eliminated, will occur again in the future.
Again, there is a cost in this identifying process and then correcting the factors which cause mistakes. Strange as it may seem, many businesses struggling to survive, or operating to a cost minimisation business plan, often see little benefit in conducting a progressive campaign to reduce and eliminate the causes of mistakes. In a cash poor environment, with a reducing marketplace in almost every industry setting, failing to act on mistakes is just another potential cause of a business’s insolvency.
In conclusion, a business needs to operate efficiently, i.e., without making mistakes, delivering product and services on time and getting paid in a timely manner for your efforts. Operating a business is difficult enough, however when mistakes are made, they negatively compound efficiency problems and increase costs.
If a business cannot operate profitably, and without a high level of mistakes because it fails to resolve the causes of mistakes, it is just another cause of business problems and insolvency. Never has it been more important in the current environment to concentrate on eliminating and dealing quickly with mistakes.
The problem arises when after reviewing your business affairs, you find that it may not be viable, is to make the decision to continue or close it down. The main problem we all face in these situations is not so much a monetary one, although this should always be the defining factor, it is the emotional factor.
Most of us operating a micro to middle sized business, are welded emotionally to our business because of a number of personal factors. This emotional factor unfortunately is often overlooked or minimised by many not directly associated with your business.
There is no easy solution in resolving this factor in your decision making as it is also a major roadblock for many of us who operate our own business. It is an understanding that needs to be recognised if we, as business owners are to move forward in a positive manner.
After reviewing your business, if it is truly in trouble, and the factors might be one of many, as a business owner, you will need help in making the correct decision. This help may initially come from a trusted friend, a family member or mentor who understands that the final decision is always partly an emotional one.
If you do not have access to the above support, or still cannot clearly make a decision, it is ESSENTIAL to seek assistance from a suitably qualified business restructuring and insolvency professional. It is true, not all these professionals will understand the emotional component in making your final decision. They will however, in the most cold-blooded manner, advise you on the possible financial and reputational consequences of your decision or failure to make the right decision.
It is this cold-blooded approach that often helps you, and the rest of us including myself, break through the emotional roadblock that has caused us to delay in making the correct decision commensurate with our own personal affairs.
The commercial environment is currently in a state of turmoil, and as such, it is really important that you review the viability of your business. If you have any doubt about it’s viability, then you need to make the correct decision which will result in the best possible outcome for you.
In the good times of the past, a slightly higher level of bad debts and poor payment behaviour could have been tolerated in an effort to increase sales and to achieve other beneficial objectives for your business. This philosophy could be tolerated because if properly managed, there were usually other sales available to help defray the cost of the bad debts and slow payments which inevitably followed.
With today’s uncertain commercial environment, the reality is that many businesses are likely to confront a reduced number of normal or standard type of sales. In the past, the costs of bad debts and slow paying customers could be hidden to some degree as there was always the potential pipeline of new sales.
Today, this pipeline is no longer readily available for many businesses. This situation will add pressures on these businesses to find a way to create as many profitable sales as possible. Unless the number of bad debts and slow paying customers are managed properly, a business could soon be in trouble.
As a result, new sale-payment strategies will be required and implemented by suitably and experienced professional people at all levels of the business who can sell these strategies. In fact, these strategies will require closer co-operation between management, marketing, sales and credit managers like never before.
In all, the strategy must be based on common sense and realistic budgets commensurate with the current business environment and not the past ideology of marketing and sales alone based on the environment of that time.
A failure to understand our new business environment and sell appropriately, will increase sales in line with yesterday’s thinking. It will not necessarily however increase cash flow, profitability or reduce bad debts and slow paying customers. Yet it is these last four factors which are the most relevant for business survival.
All business professionals, owners and managers should now familiarise themselves with the world of phoenix businesses and operators.
A good place to start is with reference to ASIC’s information at https://asic.gov.au/for-business/small-business/closing-a-small-business/illegal-phoenix-activity/
Whether you are a recognised or de facto director, or a business owner/manager, it is essential you know how to recognise a phoenix situation to protect your business and your own personal assets and emotional wellbeing.
It is essential that you seek professional help in order to seek redress from phoenix operators, or do not inadvertently become one.
Updates courtesy of www.asic.gov.au
02 June 2022
22-125MR ASIC releases updated ePayments Code
SIC has today published the updated ePayments Code (the Code) to provide enhancements to and clarity on a number of existing protections for consumers.
In addition to extending the Code to cover payments made using the New Payments Platform, ASIC has also updated the following areas of the Code:
compliance monitoring and data collection;
mistaken internet payments;
unauthorised transactions;
complaints handling; and
facility expiry dates.
The changes strengthen the Code’s protections by removing ambiguity and, where appropriate, expanding protections.
“The ePayments Code plays an important role in reinforcing consumers’ confidence and trust in making electronic payments. These updates will ensure the Code remains relevant now and for the foreseeable future” said Commissioner Sean Hughes.
ASIC is responsible for administering the Code, including reviewing it. ASIC’s most recent review culminated in Report 718 Response to submissions on CP 341 Review of the ePayments Code: Further consultation (REP 718).
06 June 2022
22-130MR ASIC releases draft Cost Recovery Implementation Statement 2021-22
SIC today published its draft Cost Recovery Implementation Statement (CRIS) for 2021-22. The draft CRIS outlines ASIC’s estimated regulatory costs for 2021-22 and how it is proposed these will be recovered as levies under the industry funding model.
The indicative levies are based on our planned regulatory work and associated costs for the 2021–22 financial year.
Final industry levies will be based on ASIC’s actual regulatory costs and the business metrics submitted by entities in each subsector. Final levies will be published in December 2022 and invoiced between January and March 2023.
Feedback on the draft CRIS can be submitted until 28 June 2022.
Background
ASIC’s budget is set by the Australian Government. ASIC is required to detail, in the form of a CRIS, how the cost of ASIC’s regulatory activities will be recovered from each industry subsector it regulates through industry funding levies and how transaction-based regulatory costs will be recovered via fees for service.
The draft CRIS includes:
- can explanation of the cost recovery model, including the business process, outputs and how we allocate costs to calculate the levies and fees for service
- a forecast of ASIC’s regulatory costs, with actual levies due to be published in December 2022, and invoices to be issued between January and March 2023
- focus areas of our work in each regulated subsector and estimates of the levies that the subsectors will pay. Indicative levies are a guide only. They are based on our planned regulatory work and estimated levies to recover regulatory costs
- actual costs ASIC incurred in the previous year for each subsector and the variance between the actual costs and the estimated costs in last year’s CRIS. Where there is a material variance, the CRIS explains the drivers for the variance.
- an assessment of the risks associated with the industry funding model and how those risks have been managed.
Visit our website to find out more about industry funding.
14 June 2022
22-141MR How to avoid ‘greenwashing’ for superannuation and managed funds
ASIC has released an information sheet to help issuers avoid ‘greenwashing’ when offering or promoting sustainability-related products. The publication will also assist issuers to provide investors with the information they should have to make informed decisions.
ASIC considers ‘greenwashing’ as the practice of misrepresenting the extent to which a financial product or investment strategy is environmentally friendly, sustainable or ethical.
ASIC undertook a ‘greenwashing’ review of a sample of superannuation and investment products and identified some areas for improvement. In particular, issuers in their disclosure and promotions need to:
use clear labels
define the sustainability terminology they use
clearly explain how sustainability considerations are factored into their investment strategy.
03 May 2022
2022 ACCC/AER Regulatory Conference registration
What does the future of regulation look like?
For the first time ACCC/AER regulatory conference 2022 will be a hybrid event. The conference will be held over two days, starting the morning of Thursday 4 August to the afternoon of Friday, 5 August.
The cost of the event is as follows:
In person - $1,500 per person. For groups of five registrations or more the discounted cost will be $1,400 per person.
Online - $300 per person. For groups of five registrations or more the discounted cost will be $280 per person.
This online registration form provides for up to 10 delegates from the same organisation to be registered at the same time.
You will have the option to pay by credit card or bank transfer.
If you are attending the conference online and have paid, you will receive an email from regulatorycommunity@accc.gov.au with your login details closer to the Conference date.
If you require an invoice, please send an email through to Regulatory Community with your request so an invoice can be generated for you.
For more information see:
ACCC/AER Regulatory Conference.
31 May 2022
ACCC focused on competition issues with shift to digital payments
Competition in payments markets, investigating allegations of anti-competitive conduct, and protecting the interests of consumers will be the focus of the ACCC’s financial services enforcement and policy work over the next year, ACCC Chair Gina Cass-Gottlieb said in a speech to the Australian Financial Review Banking Summit today.
“Payment systems, services and competitors are rapidly evolving,” Ms Cass-Gottlieb said.
“We are committed to promoting and protecting competition in this important sector, particularly in the face of these rapid developments, and will take strong action to address any anti-competitive behaviour.”
Ms Cass-Gottlieb’s comments were made just one day after the ACCC instituted proceedings against Mastercard for allegedly engaging in anti-competitive conduct with the purpose of substantially lessening competition in the supply of debit card acceptance services.
14 June 2022
Opus’ acquisition of Ovato book printing business not opposed
The ACCC will not oppose Opus Group Pty Ltd’s (Opus) proposed acquisition of Ovato Limited’s (Ovato) (ASX: OVT) book printing business.
As part of the proposed transaction, separately, Ovato would issue a convertible note to Opus, which Opus can convert into approximately 15% of Ovato’s issued share capital.
Opus’ book printing division, McPherson’s, and Ovato’s book printing business unit, Ovato Book Printing, overlap in the printing of mono (black and white) books sold in Australia.
“Market feedback regarding the transaction raised two significant but competing concerns. The first was that the proposed acquisition would reduce competition by combining the two largest suppliers of printing of mono (black and white) books sold in Australia,” ACCC Commissioner Liza Carver said.
“The second was that publishers who warned of the critical importance of maintaining book printers’ capacity in the market to meet future demand, also raised significant concerns that printing capacity would be removed from the market if Ovato’s financial position resulted in it closing down,”
“A key factor in the ACCC’s decision was the likely imminent insolvency of Ovato if the proposed transaction did not proceed,”
06 June 2022
IBAC calls on public sector employees to speak up to stop improper influence
Victoria's Independent Broad-based Anti-corruption Commission (IBAC) has launched a new campaign encouraging Victorian public sector employees to speak up to stop improper influence.
IBAC's 'Speak up to stop it' campaign highlights that any public sector employee, elected or not, is at risk of being improperly influenced – and that it can lead to corruption.
IBAC Commissioner, The Honourable Robert Redlich AM, QC said Victorian public sector employees must make decisions that are in the best interest of the Victorian community – free from bias, collusion and favouritism.
"However, public sector employees need to be aware that they can be used by others to gain access to their colleagues, confidential information or to taxpayer funded resources.
"A public sector employee may be improperly influenced to make a decision through pressure, favours or gifts, or more subtly through abuse of seniority or position.
"Often a relationship can start out as professional, but over time develop into one where a person is being influenced in a way that’s not consistent with the community's expectations - this is improper influence,” Commissioner Redlich said.
IBAC's investigations have revealed a variety of sources of improper influence, including internal colleagues, lobbyists, suppliers and ministerial advisors. Decision makers in local and state Government can be at risk of improper influence through manipulation of governance processes or even donations.
"It is not just Government departments or agencies that are at risk, the public sector also includes schools, hospitals, councils and more. The potential sphere of improper influence is far and wide," Commissioner Redlich said.
This campaign encourages all Victorian public sector employees to recognise and speak up when they see or experience someone trying to improperly influence them or a colleague.
If you see or experience improper influence, you should report it to a manager. You can also make a formal complaint or report information to IBAC via our website.
For more information, visit ibac.vic.gov.au/speakup
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