March 2023
As is the norm for many businesses, we have been busy just working on improving our day to day operations, so there are no new developments this month.
The attachments with this newsletter are from RSM regarding their workshops on the 2023 CFE Exam Review Courses, plus Barry Urqhart’s article on the cost of shoplifting and shrinkage to business.
This is a timely reminder on the costs to business of what many consider a victimless crime and coincides with this month’s blog titled “There is no such thing as a victimless crime.”
Kim is available to help with your questions and concerns if you need any assistance, and as always, the first chat is always free of charge or obligation.
“I always say: if Cashflow in King, then Customer Service is Queen, ya gotta have both to run a successful business” Jan Ross from Pathfinder investigations Pty Ltd.
The value in this month’s quote is understanding that cash and great customer service are an essential part of the sales process, which in turn helps in creating a valuable business. These two factors also play an integral role in achieving maximum profitable purchases and sales. In addition, these factors help to minimise waste and unnecessary costs, which is nothing to be sneezed at either.
Having the cash to meet your business’s needs as they are required or fall due, helps maintain the image of a successful and quality business. In tough economic times, this image may mean the difference on whether your business is supplied with essential services in a timely manner.
From another perspective, having the cash to pay for due diligence services and the time to validate the creditworthiness and payment or serviceability history of your stakeholders is paramount. After all, there is no value in dealing with suppliers which cannot supply your business needs as required, or a customer which doesn’t pay.
Having a positive and well-resourced customer service image is also an essential survival and growth factor. After all, if a customer or supplier believes somebody will respond more quickly, and they will spend THEIR time and money to contact your business. If there is any lack of service or response to their enquiry, potential and actual customers may well decide not to bother contacting your business again. This means YOUR business pays for the contact with its time and money.
It is a sobering thought that in a time poor world, there are many pressures which afflict us all. Therefore, any time or money you can encourage your stakeholders to spend rather than your business, is a money winner for your business.
It also goes without saying, if you don’t answer your customer’s sales enquiries, you will probably lose another sale, or even worse, a profitable future customer.
In the case of unpaid invoices, they may remain unpaid because you did not answer a simple customer enquiry about an invoice. Alternatively, the invoice was full of problems and possibly future credit claims issues which had remained unreported or not actioned by your business.
Too often, in either situation, management and sales have not acted on these issues. It may be because emphasis has been on future sales, and the people involved are not, or have not been held accountable for past invoices with problems, or which remain unpaid. It may be that they have also forgotten the truism; “… a sale is not a sale until the money has been in the bank for six months and one day after receipt.”
In today’s economic environment many businesses are struggling for sales or supplies. Most businesses also have a strong focus on reducing costs. The best way to maximise profitable sales is to understand the need for a timely supply from your suppliers and to receive payments from your customers as specified by agreed terms of trade.
The best way to achieve these outcomes is by having the necessary cash to operate your business properly, which is enhanced with a great customer service ethos.
One of the most interesting aspects of today’s modern business environment is that in the rush to digital perfection, it is often forgotten that your customer is always a person.
It goes without saying therefore, as each person is different, so is your customer. Your customers therefore may be:
When you review the operations and websites of many businesses however, it is obvious that the concept of the customer as a person is soon forgotten. Get that concept wrong and you may find that sales, customer enquiries and payments are lost.
For instance, I cannot count the number of times I have failed to transact with a business when I felt unappreciated, could not get an answer quickly for an enquiry or to answer a problem, or felt digitally unsafe. Respectively, I suggest I am not the only customer which has walked away from these businesses, and just maybe, it was your business!
There is a great deal of evidence these days that the formal process of KYC is a positive risk management factor for all businesses. It may be your business is of a type and size that does not warrant such an exercise. The fact is however, completing a due diligence exercise in a format suitable for your type business is always time well spent.
After all, it is no use saying, “I wish we had known this customer was bad”, after your business has been left with:
In addition, it’s now increasingly obvious these days, that creditors of all types are losing their rights. Furthermore, if creditors do try to enforce their rights, it is an extremely expensive exercise with no guarantee that even if they win, they will be paid.
In light of the above, today there is no reasonable excuse for not completing some form of basic KYC exercise before dealing with any customer, especially when extending credit.
The first fact about a recession is that for every risk, there is an opportunity. As we are increasingly hearing recession talk, there is every reason to suspect we are heading into one, if we are not already in one now.
Secondly, no matter if you are in a negative or positive position, the most important thing now is to stop, think, evaluate and don’t panic. If you do not know where you are now, you cannot move forward with an appropriate strategy. It is therefore essential to know your current position.
Third, make a positive decision to control your situation as best you can. If you believe you are not in a positive position, move forward to protect your finances and mental health. It is always better to control a negative position with actions controlled by yourself rather than somebody else.
Alternatively, if you believe you are in a stable or strong position, shore up your finances and keep a look out for opportunities, internally and externally to develop a more valuable business.
Updates courtesy of www.asic.gov.au
01 March 2023
ASIC has commenced civil penalty proceedings in the Federal Court against TerraCom Limited, its managing director Daniel McCarthy, chief commercial officer Nathan Boom, former Chair Wallace King and former director and Deputy Chair Craig Ransley.
TerraCom is a coal producer in Queensland.
The case concerns the conduct of TerraCom and its directors and officers following whistleblower allegations made by a former employee that TerraCom had been involved in the falsification of coal quality results.
ASIC Deputy Chair Sarah Court said, ‘This is a significant case because it is the first time ASIC has taken action for alleged breaches of the whistleblower provisions. ASIC alleges that TerraCom and its senior company employees engaged in conduct that harmed a whistleblower who revealed the alleged falsification of coal quality certificates. Whistleblowers perform a vital role in identifying and calling out corporate misconduct,’ continued Ms Court. ‘We take any indication that companies are engaging in conduct that harms or deters whistleblowers very seriously.’
03 March 2023
23-048MR ASIC consults on ‘sunsetting’ class orders about financial requirements
ASIC is seeking feedback on proposals to remake ‘sunsetting’ class orders that impose financial resource requirements on the managed funds industry.
Consultation Paper 367 Remaking ASIC class orders on financial requirements: [CO 13/760], [CO 13/761] and ASIC Instrument 2022/449 (CP 367) sets out ASIC’s proposals on:
Class Order [CO 13/760] Financial requirements for responsible entities and operators of investor directed portfolio services ([CO 13/760]);
Class Order [CO 13/761] Financial requirements for custodial or depository service providers ([CO 13/761]); and
ASIC Corporations (Financial Requirements for Corporate Directors of Retail Corporate Collective Investment Vehicles) Instrument 2022/449 (Instrument 2022/449).
These class orders set out the financial resource requirements that responsible entities, IDPS operators, custodians and corporate directors must meet as an Australian financial services (AFS) licensee.
Under the Legislation Act 2003, [CO 13/760] and [CO 13/761] will expire (‘sunset’) on 1 October 2023 and Instrument 2022/449 will sunset on 1 October 2024 if not remade.
ASIC considers that the class orders are operating effectively and efficiently and continue to form a necessary and useful part of the legislative framework. The fundamental policy principles that underpin the class orders have not changed.
09 March 2023
ASIC has taken court action against Green County Pty Ltd and Max Funding Pty Ltd for alleged unlicensed credit activity and other breaches of consumer credit laws.
ASIC alleges that Green County and Max Funding failed to make reasonable inquiries about the purpose of loans, which led to Green County providing personal loans to certain borrowers. Neither Green County nor Max Funding were licensed to provide personal loans or act as an intermediary. ASIC alleges that this resulted in these vulnerable consumers not having the benefit of important protections under the Code and being charged more for their loans than they lawfully should.
ASIC Deputy Chair Sarah Court said, ‘The Credit Act provides important safeguards for consumers who apply for personal loans to protect consumers from unfair lending practices. If you are prohibited from providing a certain type of loan because you are not licensed, it is ASIC’s expectation that there are processes in place to help ensure those loans are not provided.’
15 March 2023
23-065MR Liquidator disciplinary committee cancels registration of Cameron Lindsay Duncan
On 28 February 2023, a liquidator disciplinary committee (the Committee) decided that Cameron Lindsay Duncan’s registration as a liquidator should be cancelled.
ASIC’s referral to the Committee alleged Mr Duncan no longer had the qualifications, experience, knowledge and abilities prescribed under the Corporations Act 2001 (the Act), and that he is not a resident in Australia or another prescribed country. The Committee’s decision was based on the first of those allegations. ASIC has given effect to that decision.
The Committee determined that its report on Mr Duncan’s matter should not be published by ASIC. ASIC will not comment further on the reasons for the Committee’s decision.
15 March 2023
Scam alert: Do not deal with, or transfer money to United Solar Investment
ASIC is alerting investors about a suspicious ‘investment opportunity’ offered by an entity named ‘United Solar Investment’, through the websites: https://www.unitedsolarinfinity.com/ and https://www.unitedsolar-vip.com/, as well as through apps available on the Apple Store and Google Play Store.
The operators of United Solar Investment do not have an Australian financial services (AFS) licence.
Do not deal with, or transfer money, to this entity.
Background
United Solar Investment promotes a suspicious scheme which claims to allow Australian consumers to purchase an interest in solar panel systems. The scheme is being promoted as a ‘financing of photovoltaic solar power generation’ offering unrealistic returns of up to 20% and unlimited referral commissions.
Why ASIC is concerned
United Solar Investment:
Is not licensed to provide financial services in Australia, which means the Australian customers they are targeting will not be protected when things go wrong.
Provides very little information about how profits are generated, despite sharing a lot of information about how to invest.
Shows signs of a classic pyramid scheme, including encouraging investors to recruit new investors into the scheme through a rewards system.
17 March 2023
AUSTRAC accepts enforceable undertaking from PayPal
AUSTRAC has accepted an Enforceable Undertaking (EU) from PayPal Australia Pty Ltd (PayPal) to ensure its compliance with Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) laws. The EU comes after AUSTRAC identified concerns with PayPal’s systems, controls and governance in relation to its international funds transfer instructions (IFTI) reporting.
PayPal has already undertaken significant work, including an independent audit, to strengthen its AML/CTF program and has committed to provide AUSTRAC with independent assurance of the suitability and sustainability of this work as it progresses to business as usual.
AUSTRAC Chief Executive Officer, Nicole Rose, said that the enforceable undertaking aims to ensure PayPal’s ongoing compliance with their AML/CTF obligations.
“Every business with obligations under the AML/CTF Act must have robust systems in place to ensure they meet their AML/CTF requirements and play their part in protecting Australia’s financial system from criminal exploitation,” Ms Rose said.
24 February 2023
Product Safety Pledge removes thousands of dangerous items from online marketplaces
More than 15,000 potentially unsafe products were delisted by online marketplaces signed up to the ACCC’s Australian Product Safety Pledge last financial year, with 98 per cent of regulator-initiated take down requests actioned within 2 days.
Pledge signatories also used artificial intelligence, image recognition and automated scanning to prevent hundreds of thousands of unsafe products from being listed for sale in the first place.
“We are pleased to see that pledge signatories continue to use innovative techniques to detect and remove unsafe products from their platforms and prevent them being listed at all,” ACCC Deputy Chair Catriona Lowe said.
“We are encouraged to see signatories taking active steps to create a safer shopping experience for Australian consumers.”
“We urge other online marketplaces to put product safety first by signing up to the pledge,” Ms Lowe said.
The pledge is a voluntary initiative that commits signatories, currently AliExpress, Amazon Australia, Catch.com.au, eBay Australia and MyDeal.com.au, to actively improve product safety online well beyond the current legal requirements and report annually to the ACCC on their performance.
03 March 2023
Residential broadband market flattens as smaller telcos gain wholesale market share
The number of residential NBN services declined for the first time in the December 2022 quarter, by 0.1 per cent - or almost 9,000 - to approximately 8.73 million, the ACCC’s latest NBN Wholesale Market Indicators Report reveals.
The report looks at the wholesale market for NBN services, in which retail service providers purchase access for supply to consumers and businesses.
The top three providers, Telstra, TPG and Optus, collectively experienced a decrease of almost 95,000 services, to 6.8 million. This reduced their market shares slightly to 42.4 per cent, 22.4 per cent and 13.1 per cent respectively.
Conversely, the report found that Vocus and other smaller providers gained approximately 86,000 services, to 1.9 million, making up the remaining 22.1 per cent of the market.
This was a trend throughout 2022, where NBN services acquired by the four largest providers – Telstra, TPG, Optus and Vocus – decreased by over 227,000 services annually while other smaller providers gained almost 363,000 services.
"This shift from the larger providers to smaller ones is helping to enable greater competition within the sector," ACCC Commissioner Anna Brakey said.
08 March 2023
Expanding digital platform ecosystems to be examined by ACCC
The ACCC will examine the expanding ecosystems of digital platform service providers in Australia as part of its’ five-year Digital Platform Services Inquiry.
Large digital platform service providers, like Alphabet (Google), Amazon, Apple, Meta (Facebook) and Microsoft, continue to invest heavily across different sectors and technologies, creating a web of interconnected products and services.
“Australian consumers and businesses are increasingly reliant on the products and services offered by digital platforms so it’s crucial we examine how these companies are expanding their reach,” ACCC Chair Gina Cass-Gottlieb said.
Credit Matters is a financial risk management resource centre for the Australian business community. If you are in business, Credit Matters is your ideal source of financial risk management solutions.
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Futhermore, we invite marketing and knowledge ideas from our readers and contributors on how we can assist our respective firms grow. If you have any ideas, please contact me at info@creditmatters.com.au.
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