Why Trevor’s business was a liability Trevor’s business hadn’t run a very smooth course. The balance sheet didn’t show enough profit to attract a buyer and a due diligence process carried out by one prospective buyer had revealed that there were very few systems necessitating Trevor to be still very hands-on.
Whilst Trevor was one of the first to enter his market, competition had steadily risen over the last ten years and to any buyer it was obvious that Trevor was being squeezed out of the market as the competition marched on. His children could see this too. For them it would be hard work from year one and there were other more lucrative possibilities to explore.
Trevor’s problems started in the first year too Trevor’s problems started in the first year of trading. Anxious to achieve new business, he was slack on chasing debts. He extended credit to clients who he thought would honour their word and then had to write off significant debt when they didn’t pay. He experimented with court action but found that costly and no guarantee that he would recover his money. He soon lost sight of his cash-flow and very early on he had already eaten into his reserves and was forced to borrow more. Unfortunately, his choice of lender was poor, so when Trevor was stung with penalty interest on a late payment, his profits took a further blow.
Lost profits meant his employees became dissatisfied The cash-flow problems meant that sometimes Trevor was a day or so late with his salary payments. For the most part this wasn’t a problem, since his employees were understanding, except one who took Trevor to the Employment Relations Authority. She had been a good worker initially but her performance and attitude had over time deteriorated and caused enough of an unsettling atmosphere amongst the other staff to see their productivity plummet too.
Her attitude and the accumulating stress of making ends meet in a tough market had caused Trevor to snap one day and fire her without due process. Trevor was advised by his lawyer to fight this claim and although he got away with paying only $2,500 to the employee, he was fined $2,000 for not having an employment agreement and his legal bill was $5,000. At the conclusion of the hearing, he wished that he had ignored the gung-ho attitude of his lawyer and settled at mediation.
The fine wasn’t the only problem Since Trevor didn’t have an employment agreement his intellectual property was very exposed. Shortly after the case he discovered that his ex-employee was soliciting his clients and his other employees. Dissatisfied with the lack of systems in Trevor’s business, two employees left to the rival organisation, taking Trevor’s know-how with them. To make matters worse this company started trading using a logo very similar to his.
It was a tough road for Trevor from that moment onwards. As he saw his market share gradually being eroded he felt it was time to cut his losses.
That’s why it was time to get out Trevor had had enough. He had originally gone into business to create financial freedom and security. He came out tired and certainly no further forward than when he started. He had a business lacking in any systems, with only a modicum of goodwill amongst a very fickle client base, and a five year liability to pay rent on his office lease.
Had the promises of financial freedom and more free time been just a lie? Or had Trevor just gone about his business the wrong way?
What Trevor should have done Building a business is like building a house. If you have no plan and build it with shoddy materials and poor workmanship, eventually someone will come and knock it down. Build it on solid foundations and it will last forever and become an asset.
The foundations of any business rest in the relationships it has with its customers, staff, competition, suppliers, distributors, agents, professional advisers, lenders and investors. Such people can either help you grow your business or they can gobble up your profits like a shark. Deal with too many sharks and your business is sunk.
The trick is telling the sharks apart from the people who are generally there to be fair and help your business. However, even the most astute businessman can be taken in by a skilful shark, which is why it is necessary to have strategies in place to ensure that the shark doesn’t cause damage to your business.
Had Trevor shark-proofed his business, then he may have had an asset rather than a liability, and have been able to enjoy his retirement.
How to ensure your business becomes an asset not a liability - To learn more about this author, visit Michael Smyth's Website.
Like this article? Share it with your friends
 |
Related Articles |
|
Director’s Liability Notices from the Australian Taxation Office
|
| |
The Australian Taxation Office (ATO) is now taking an aggressive position in relation to unpaid company taxes.
|
Asset Sales
|
| |
The SBA’s Asset Sales Program is an initiative to sell the agency’s owned portfolio of loans and other assets. These consist of Section 7(a) and 504 guaranteed loans purchased, Section 7(a) and disaster assistance d...
|
Lesson #1: Make Your Money Work For You
|
| |
“We go to school to learn to work hard for money,” says Kiyosaki. “I write books and create products that teach people how to have money work hard for them.”
|
How to Deal with Difficult Business Partners
|
| |
All successful companies have one thing in common. On average, they carry more assets than they do liabilities. These companies are also quick to take note when something that was once an asset now has become a li...
|
Special Structures
|
| |
The following business structures are available in some states, but not all.
|
|
|
Michael Smyth
(Visit Michael's Website)
Six years old sounds a peculiar time to
start to legal career, but that's the
first memory I have of going to my Dad's
law firm located in the heart of legal
London. So, with law running in the
family, the natural choice at University
was a law degree. I also had a keen
interest in Sports Law and obtained a Post
Graduate Certificate in the subject from
Kings College London.
I came to New Zealand for a year, but like
a lot of people I quite liked the place,
and I'm still here practising law as a
self employed barrister and running three
businesses: Approachable Lawyer,
Sportscounsel and The Sports Risk
Management Group (the last two even allow
me to combine my passion for law with my
passion for sport).
So in my 11 or so years of practice I have
read numerous cases, helped many clients
out of the mire and set up a number of
businesses. That means not only am I a
lawyer with an expertise in employment and
sport, but I am also a businessman. This
gives me a good insight into a number of
problems my clients face. I also like to
pride myself on my approachability - But
don't take my word for it, visit my
website www.approachablelawyer.com/pro
file.htm
|
|
 |
|
|
Michael Smyth's
Complete
List Of
Legal
Articles
|
|
|
If you enjoyed this article, get Michael Smyth's Complete List of Legal Articles For FREE!
|
| |
|
|
|