Basic Indicators: Doing it legally
When I used IRS definition of a business as a Going Concern in my previous articles, I wanted to emphasize that businesses are nothing more than a series of ongoing transactions. But that is only true within a critical constraint: business must be legal. Drug cartel is not a business by Internal Revenue Service definition. Neither is any business whose transactions exist outside the law. I assume that if you are reading this article, it is most likely not your intention to engage in something purposely illegal. But there is an other possibility, doing something legal in an illegal or dangerous way. You do not want to be at a place where you build a business only to find out later that you did not comply with some rule that could land you in jail. It is probably not a good idea to build a business by putting in danger life or limb of your customers, your employees or for that matter, yourself. So, now that we have secured some level of business, it is high time to review this business to insure that we are doing it in a way that is safe, and legally compliant.
Too many start-ups never get started because they try to figure this completely out before they even engage in the first transaction. Unfortunately, until you have the transactions lined up or at least you have a very clear understanding of the types of transactions that you will engage in, there is no way to clearly plan for safety and compliance. For many micro businesses, though, we do not really know, and often we stumble in to it. For example, my first business just happened because I was a kid with a boat on the lake. Somebody asked me to take them to the other side. I did, they paid me. Soon enough I was looking for people to take across. The allure of just doing it and getting money was too great for a kid to resist. Yet, in retrospective what I was doing was neither safe, nor legal, even though fundamentally it was something good and productive. It is quite likely, if I had considered my personal safety and legal compliance I would not have done it at all.
Once the business is started though, especially if it is turning in to a business instead of a hobby that occasionally pays for itself, it makes sense to consider the risks. For Mary, with her babysitting business, she has to consider both her safety and the safety of a child and a little bit of planning will go a long way. Should she have a plan for what happens in case of an emergency? Should she see if insurance is appropriate to her business? Also, at what point should she start reporting her income? Are there other government rules with which she will be better of complying? There is a myriad questions that are worth considering, and thus from the standpoint of measurement there are a number of variable to track, so that improvement can be identified and acceptable levels can be established.
These measures can be quite subjective, but that does not mean they will not be accurate. After all, just asking yourself if you and your customers are likely to lose your life or limb, or have any other losses is a measurement. Just considering the ways in which government compliance should be enhanced, and making a note of how well you are doing is also a measurement. Often it is very much a pass or fail measurement, but it is still an important measurement.
Only when we have succeeded at having a high level of confidence about being safe and compliant, can we safely move on to examining other priorities of our business.
Let’s consider Sara’s lemonade stand, after all, being in the food and beverage industry, she may have even more opportunity for unsafe practices and non-compliance. We often brush off kid businesses like this with the thought of what could go wrong, but consider the impact of unsafe lemonade, that might be served to hundreds of people in a single day. What are the water sources? What about other ingredients? What keeps contaminants out? How do we make sure that if Sarah is sick with an easily spreadable sickness, she knows to not sell lemonade? What happens if something bad happens in spite of all the precautions. There are also a myriad of government rules that exist around this industry precisely for that reason, that one should comply with.
Now let’s face it, if we had to start with considering every risk before we even set out to start a business, there is an extremely high probability that we would not even think about starting one. Sometimes, just common sense and a little bit of care go a long way to manage a vast majority of these risks if we are not doing it as a business. After all, I am not advocating that Sarah, or millions of kids around the world do nothing. Frankly, the chance of that lemonade doing more than causing a minor stomach ache are quite small. Doing nothing is the most dangerous thing of them all because it guaranties that a child’s talent will never develop and it creates a society where people do not know how to take responsibility and act to provide for themselves. But, at the same time, if we want a legitimate business, not just a kid selling lemonade on a sidewalk for two hours because they think it is a good idea or because their parents put them up to it, we need to figure out how to bring our business in line with basic safety and government compliance rules.
And a big multinational conglomerate is not above this basic need for safety and compliance. Many a great corporation failed precisely because they failed to watch this performance gauge. Even if currently your performance is exceptional, there is little to assure that it will always be so, thus you have to watch what you are doing regularly, checking in at least occasionally.
So, now that we have a steady pipeline of business, we are getting paid adequately to perform the work and we are doing it in a safe and compliant way we have to consider how to become more effective and efficient in what we are doing, so that we have the capacity to grow that pipeline. But that conversation is for another article.
Oleg Tumarkin, Juris Doctor, Master of Business Administration, Certified Six Sigma Black Belt, Practitioner of Theory of Inventive Problem Solving (TRIZ) is an Adjunct Professor of Business at Concordia University of Wisconsin. His firm, FutureWorks, in partnership with Bucket Brigade and AKS-Labs provides business coaching and Balanced Scorecard implementations. His life’s passion is the development of a universal business measurement and management system that would cause management out of the realm of unpredictable black art and closer to the realm of a repeatable, replicable, yet humane and flexible science.