Showing posts with label rowan. Show all posts
Showing posts with label rowan. Show all posts

Monday, 6 April 2009

Post 6: Book-keeping & Accounts

Having established the legal framework for TEDA and taken some steps to implement this, the next workshop was conducted by VFM and introduced business accounting.

I’ve never been the best with numbers, and always thought to play it safe I’d just employ a professional, but it was discussed that although an accountant is necessary, a lot of the basics are easy to do once you know the process. This also saves money when you do have to employ an accountant by reducing their workload.

The first areas covered, and the most relevant to TEDA were book-keeping and discussion on basic records to hold, which are essential for traceability, to understand profitability and maintain cash flow. It is advised that these are kept up to date, especially during a recession.

These include:

Cashbook

Record of all business transactions and monies coming in and out of the company. Always keep your cashbook up to date, as this is the most accurate account of money for your business.

Cash Book spreadsheet I prepared for TEDA




• Always enter data from source documentation e.g. cheque number/paying in number

• Banks make mistakes – always check against originals

• Only enter payments in cashbook when cheques clear

• Keep paid and unpaid invoices separate

• Always cross reference



Bank Reconciliations/Statements


Much like the bank statement you receive on a monthly basis for your personal account, this document offers a monthly reconciliation for businesses. Remember some cheques and wireless transactions take time to clear which can make the monthly reconciliation document inaccurate.

Petty cash book (PCB)


Businesses need a small amount of cash for miscellaneous items (transport, stationery etc), which still need to be recorded. Your PCB keeps a record of these transactions. When using a PCB, it’s essential to record all transactions, order data logically and keep receipts to check against and form basis for business expenses (non-taxable). For TEDA, I will use this to record expenses such as petrol for meetings and lunch at events etc.

Sales Book

A sales book is purely used to record sales, and can be done in a ‘per day’ format, ‘per week’ or others dependent on your level of sales. It records sales in a sequential format, and if a number is missed, it is also recorded. You need to keep a copy of all invoices issues, filed numerically, and note in the sales book the dates of payment for each sale.

In the initial period with an expected level of 10 sales per month, keeping track of this should be easy. When sales increase, it will include distributor sales, individual sales and bulk sales to customers.

Payroll Records

Keeping track of a company’s payroll can be done manually or using software such as Sage. It is important to keep records to produce year-end returns for the HMRC P35’s etc. Payroll can be tedious and is often outsourced at little cost to payroll bureau. As there are no employees, payroll will purely be in the form of dividends (payment received by directors).

VAT Records

You are only required to register VAT records if the business has a turnover of more than £67,000 (figure as of April 2009 from http://www.hmrc.gov.uk/vat/start/register/index.htm.). VAT can become a complex issue as there are different methods of VAT accounting and I’d strongly recommend you speak to an accountant for the best method for you. In the first year I do not anticipate to reach this threshold, however could become VAT registered at any point once the threshold is reached.

Purchase Invoices

To keep a record of all purchases/transactions from my suppliers all purchase invoices will be filed alphabetically, and will be used to cross reference against other records, such as the cashbook.

Sales Ledger

Used as part of the ‘double-entry’ system and keeps track of sales. It must be reconciled regularly, and is usually most appropriate when a large number of credit sale transactions occur.

Purchase Ledger

As with the sales ledger, this is most applicable if making a large number of purchases on credit. Forms basis of double-entry system and will be regularly used for cross checking.

Year-End Accounts


Irrelevant of the legal status of a business, accounts must be prepared annually for HMRC and as a measure of the venture’s success. Annual accounts are reviewed during loan applications and in the event of a business sale, therefore accurate year end accounts are vital.

Sole traders and partnerships have no legal obligation to employ an accountant and are able to keep these accounts private, but TEDA, as a limited company will employ an accountant and have to publish accounts through companies house where they can be requested by anyone.

There is flexibility in setting the date of year end accounts for tax and practical reasons, in most cases this is in line with the traditional tax year. Accounts must be prepared promptly, or penalties are incurred.

You may have heard of the term creative accounting, which comes from accountants being able to off-set specific items against tax, such as charitable donations or if a home office is used (like many of you out there do) you can off-set some utility/rent costs against tax. If you wish to investigate this further, try searching under:

- Disallowable items
- Private usage adjustments
- Depreciation/Capital Allowances


HMRC may adjust these types of calculations, so be aware that your year-end submission is not the final amount of tax you may have to pay.

Stock cut-off is important, and you must ensure that goods purchased close to the year-end are accounted for in the correct period. Also, if your business keeps some stock, they must be detailed in your accounts.


The remainder of the workshop went into more detail on VAT, obviously this is not relevant for me at present, but for more detail please see: www.hmrc.gov.uk under the ‘business & corporations section’, or post a comment through the blog and I'll answer any questions.

The Law & Directors’ Responsibilities

The other most relevant point I learnt for myself and TEDA was surrounding the law and Directors’ responsibilities. I was amazed to learn that there are about 50 separate duties placed on directors with regards to filing, which if ignored could result in disqualification for a minimum of 2, and maximum of 15 years – this could seriously affect my entrepreneurial aspirations!

I was interested to find that a register of company directors must be maintained, and changes notified to the Registrar of Companies within 14 days:

- Appointment by form 288a
- Resignation by form 288b


All directors are expected to act in the best interest of their company and must avoid conflicts of interest. In some cases, a director’s actions can be a criminal offence, usually as a result of ‘insider dealing’.

Directors are ultimately responsible for meeting the stringent accounting procedures, and that they show ‘true and fair view’ for HMRC. For more information please refer to Part 10 of the Companies Act 2006, available at:

http://www.opsi.gov.uk/acts/acts2006/ukpga_20060046_en_13.

The final part of this workshop involved a question and answer session about income tax bandings. If you would like to get up to date information on personal and corporate tax please see the HMRC website.

Recommended Links:

• Income tax & National Insurance – www.inlandrevenue.gov.uk
• VAT – www.hmce.gov.uk (HMRC)
• Managing Creditors & Debtors – www.payontime.co.uk
• Addressing cashflow problems – www.icm.org.uk (Institute of Credit Management)
• Issuing invoices and collecting debts – www.courtservice.gov.uk (Credit Service Association)

Friday, 3 April 2009

Post 5: Law Business Basics

Now I have my big idea, company name and elevator pitch for direction, it’s time to make The Ethnic Diet Association a reality.

One of the areas that puts people off starting a business is a lack of understanding about the legal aspects involved, and implications of being self employed. I was pleased that my course offered help in this area, through a workshop with Philip Parkinson of McCombie & Co, and it seems it’s not as daunting as I thought.

During the workshop the basics of business law were discussed, and there were plenty of opportunities to ask questions specific to our circumstances. Philip covered key areas for new businesses, with my experience and views shown below, however don’t just take my word for it, always seek professional advice!

Take a look at this link of 10 top questions to ask your prospective solicitor: http://www.businesslink.gov.uk/bdotg/action/detail?r.lc=en&type=RESOURCES&itemId=1073791786&r.s=sl

So, first things first...

Company Legal Status

There are a number of legal structures available to companies, options include:

- Sole Trader
- Conventional Partnership/ Limited Liability Partnership
- Joint Venture
- Limited company


A decision needs to be made for the legal structure for the following reasons:

Taxation
• Regulatory requirements
• Annual costs
• Accounting requirements/Publication of accounts


Once you have made this decision, as a sole trader/partnership you have to inform HMRC (Tax and NI) within 3 months and the VAT office. As a limited company you have to inform Companies House (for registration, usually £20), HMRC and VAT office.

From speaking to Phil, it was clear that The Ethnic Diet Association should operate under Limited company status, as this will protect both ELHFA (the joint venture partner) and me from having personal assets stripped if bad debt is accrued.
The formalised Limited status should also help to gain valuable credibility with the large corporate and government organisations we are targeting as customers.

The downside of a Limited company is that we have to adhere to stricter accounting controls, make our accounts public and therefore pay for an accountant (c£500/yr).


Trading Name

Obviously this is a key decision as a company’s name gives that all important first impression. Phil raised some good considerations:

• You can’t use an existing name – this is checked through Companies House website, www.companieshouse.gov.uk/

• Offensive words and/or names implying a connection with the government cannot be used e.g. a mint making company cannot be called ‘The Royal Mint’.

• Acronyms – Remember to check the acronym of your company, you do not want to make the mistake of spelling ‘ASS’ or similar when shortened. The Ethnic Diet Association becomes TEDA, which is ‘snappy’ and memorable.

Group discussion suggested that you should check if the online domain name you have chosen is available to allow a website to be created at any point. There are many sites use can search this, such as www.123reg.co.uk.

Basic legal issues


Will you need confidentiality agreements with 3rd parties?

• Be aware of competitors’ trademarks and patents and do not infringe these

• Ensure your company letterhead provides full company name (if a Limited company, registration number and origin country is also included)

• VAT details if applicable


It is also highly recommended to include these details on emails. For more information I would recommend: http://www.lawsociety.org.uk/choosingandusing/helpyourbusiness/foryourbusiness.law

Terms of Business


Clearly defining your role and relevant conditions is essential to determine:

How much and when you get paid
• What your company and customer obligations are
• What happens in the case of a dispute


Whilst preparing terms of business, make every effort to limit your liability, ultimately giving you control of the contract.

For TEDA, the Terms of business has to include the obligation of the manufacturers to deliver the products to us on time, and for the folders, maintain our exclusive use of the bespoke design. Printers must respect copyright law and maintain the integrity of intellectual property.

Customers need to adhere to invoicing conditions to make the payments, 3rd party distributors must meet contractual agreement for retail price, promotion and other terms.

Partnerships – maintaining control


Partnerships offer unique challenges relating to decision making control, such as:

- Who will run the business?
- Who has financial control?
- Equity split, provision for the transfer of shares
- Who has the casting vote?
- How are all parties interests protected?


As TEDA is a joint venture with ELHFA, all of these details need to be considered. In my circumstance, ELHFA will be a ‘silent partner’, given their lack of resources and financial position. This means we have agreed that I have the casting vote, with a 51% share of the company, full day to day decision making authority within the remit discussed by the Board.

Intellectual Property Issues

According to Oddie (1999), the ‘digital age’ is increasing the breach of intellectual property laws, and is therefore an important consideration for the intellectual property that TEDA owns. Issues covered in the workshop were:

• Trademarks
• Copyright
• Patents
• Passing off




Although copyright is created whenever you produce an original piece of work, this does not protect the idea itself and is difficult to enforce. For a small business like mine, it is not feasible to pursue claims through the courts for financial reasons. This is obviously a major concern as the VTA products could easily be photocopied or replicated, especially if a digital version was launched in the future.

Phil suggested attempting to get a patent for the idea behind our VTAs, done through www.patent.gov.uk, but warned it is unlikely and costly though would be the best idea for the business.

What Can Go Wrong?

Phil stressed the importance of being prepared for disputes, and making sure you have the proper protection in place. This should avoid disputes going to court, and petty arguments turning into full scale litigation which could destroy your company and bank account!

More legal considerations


• Premises – I will be using ELFHA’s existing offices and the business incubator’s facilities

• Employees – Obviously completing necessary tax, NI and health & safety procedures is the main consideration. However, in the initial stages I shall be operating as the only employee of The Ethnic Diet Association. When I need employees I shall follow the steps on http:
//www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858805&topicId=1073858787&r.lc=en&r.s=m.

• Branding – As I have discussed, I want to build TEDA as a point of authority for ethnic diet advice, and Gonzalez & Gil (2008) states the importance of protecting via trademarks and copyrights.

Conclusion


This workshop was an eye opener into the legal aspects of business, but explained them in an easy to follow way, although you should always seek specialist advice. From the workshop information I have made a checklist which you could copy and use for your own business to ensure you meet meet key legal objectives.



Recommended links:

• Disputes - www.acas.org.uk (Advisory Conciliation & Arbitration Services)
• Health & Safety – www.hse.gov.uk (Health & Safety Executive)
• Office of Fair Trading – www.oft.gov.uk
• Trademarks – www.itma.org.uk (Institute of Trademark Attorneys)
• Copyright – www.ipo.gov.uk

Wednesday, 18 March 2009

Post 1: About Me & This Blog

Hi and welcome to my blog. Let me take this opportunity to tell you a bit about me and what this blog is all about.


Like many young people in the UK and around the world I would like to be self employed. Working for companies in many different industries has always left me feeling unfulfilled and dissatisfied and as a result I am in the process of following my dream and starting my own company.

If this sounds a bit like you or you just have an interest in business then read on because through this blog I’m going to detail my whole journey, and you might be able to learn from my mistakes!


For me, the first step in starting the company was signing up for a BA Hons degree in Business Creation & Enterprise at Leeds Metropolitan University. It’s pretty ‘hands on’ and I would recommend it to anyone who has the time and inclination to learn more about starting-up a company, and gain a degree in the process. For more information, check out this link:

http://prospectus.leedsmet.ac.uk/main/detail.htm?p=64&ban=BUSCR&attendance=2


As well as having to do the usual academic reports and essays you would expect in higher education, the course also provides ‘hot desking’ facilities in Leeds city centre which can be used as a business address and offices. These facilities are known as ‘The Business Incubator’ and are available to any budding entrepreneur or new company, if this is of interest check out this link for more details;

http://www.lmu.ac.uk/businessincubator/index1.htm


As part of this course workshops with professionals are provided to help refine people’s business ideas, topics include: Sales & Marketing, Accountancy, Legal Issues, Networking, and Neuro-Linguistic Programming (NLP).


Through this blog I will post my thoughts and comments on these workshops and about my progress in getting the business up and running. If you feel inclined to ask then I would be happy to answer any questions you post or email me.

I found the entrepreneur test below really quick and useful - why not give it a go yourself!

http://www.potentielentrepreneur.ca/client/questionnairenewsection1en.asp


I really hope you find this blog interesting and get involved by asking questions and discussing your business ideas and aspirations.

Remember to check regularly for updates, I’ll post again soon.

Rowan