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Compliance For Entrepreneurs

A practical guide in determining which legislations apply to your business.

Monisha Prem

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Due to increasing laws, entrepreneurs are faced with growing regulatory compliance in business. These legal requirements create obligations but also provide certain rights and protection.

All businesses, small or large, are required to comply with legislation (passed by government), regulations (prescribed by regulatory bodies) or industry best practices.

Compliance legislations that govern businesses

Compliance requirements range from registration of businesses and business names, licensing, workers compensation, tax and unemployment compensation, and intellectual property protection, to industry specific requirements such as compliance with professional bodies.

There are six main types of laws that govern business:

  1. Entity Regulations such as the Companies Act and Close Corporation Act
  2. Customer and Information Protection such as Consumer Protection Act and POPI Act
  3. Human Resources such as Labour Relations Act and Basic Conditions of Employment Act
  4. Tax and Security such as Income Tax Act and National Credit Act
  5. Intellectual Property such as Copyright Act and Patent Act
  6. Industry Specific such as Import and export controls, B-BBEE Act and Codes of Good Practice.

Where does the onus lie?

It’s the business owner’s responsibility to determine which legislation and regulations apply to their business, and then to comply.

While it’s not the responsibility of regulatory bodies to inform businesses of applicable legislation and regulations, industry watchdogs are generally willing to provide the required compliance information to businesses.

Which legislations apply to your business?

1. Product and services: What problem are you solving?

Assess the service or product offering of your business and determine what specific legislation applies to it.

For example, if you are producing goods for sale to consumers you are required to comply with the Consumer Protection Act (CPA); if you have employees you are required to comply with the Occupational Health and Safety Act (OHSA); and if your product involves your Intellectual Property, you must comply with the relevant legislation to protect it.

2. Organisational Design: What are your daily activities?

Determine the functions of your business and the strategies you have in place to manage them. These include finance, sales, marketing, branding, human resources and operations. Each function is associated with legislation.

Laws such as the CPA and OHSA are important, but it is also important to consider industry specific standards, such as import and export regulations, health and safety, and transformation requirements. If you are producing and selling a product, consider various packaging and labelling requirements that are determined by Acts and industry standards.

3. Operations: How do you perform your activities?

Consider operations, systems and procedures. Examine input, output and production processes. Industry standards and certain Acts will apply and create requirements that need to be complied with.

Inputs such as raw materials may require import controls; production may include labour laws or information controls; and distribution may require export controls or consumer protection legislation.

4. Stakeholder management: Who are the participants?

Consider the various players involved in all aspects of your business, from customers and shareholders to employees. Ensure you include government bodies such as SARS and the Department of Labour in your consideration.

Governance, industry best practice and labour laws, such as the Labour Relations Act, will apply. 

5. Putting it together: Establish a simple compliance universe

Prepare a simple framework and checklist of applicable laws, regulations and industry best practices. List basic guidelines and policy on how to adapt your business, update the framework at least annually.

Regardless of the size of your business, compliance with legislation, regulations and industry best practices is key.

Monisha is a corporate advisor, admitted attorney at M. Prem Inc, and author with over 14 years deal-making experience. Monisha litigated for several years before joining an investment banking firm specialising in mergers and acquisitions. Monisha has owned and operated several businesses, is passionate about business development, commercial and corporate law.

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Company Posts

How To Become A Hi-Q Franchisee

Are you looking at investing in a tyre replacement and service industry? Look no further than the Hi-Q franchise.

HI-Q

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Established in 1999, Hi-Q is a successful and diverse multi-product, multi-brand leader in the tyre replacement and service industry with a network of over 130 franchisees nationwide.

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With the support of international tyre giant Goodyear, Hi-Q has established a solid reputation of ‘the one you can trust’, and the Hi-Q approach and philosophy is embedded in this.  We have the trust of our customers, our network and our suppliers – that’s why you can trust us to take you and your business to the next level.

When you’re working with people’s safety, trust forms the most significant part of the equation

Hi-Q introduced the original and innovative TyreSurance initiative – the only aftermarket tyre damage guarantee product that backs the consumer no matter the brand of tyre.

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Related: We Want To Invite You To Join Us On The Hi-Q Journey And Become A Franchisee

Each Hi-Q Franchise offers a broad range of brands within the different product and service categories that customers know they can trust, and at prices they can afford. Product and services include tyres, exhausts, shocks, batteries or brakes, wheel alignment or balancing, and a 10-point safety check.

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We have identified areas of opportunity to extend our Franchise footprint growth.

If you are looking to join a new franchise and you share in our values and vision, we would like to hear from you.

For further information on how to become a franchisee, call us on +27 11 394 3150

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Researching a Franchise

Col’Cacchio – Benefits Of The Franchise Model

Six key benefits of the restaurant franchise model – and what to look out for when considering a franchise.

Russell Otty

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For investors looking to the restaurant industry and considering a franchise knowing it has a proven track record and is therefore possibly a lower risk, there are a few key things to be aware of about the benefits of the franchise model, which if investigated, can also point to a franchise that is not for you.

Russell Otty, Chief Operating Officer of the Col’Cacchio Group, shares some of these key benefits and indicators of whether a franchise is for you:

1. Making the cut as a franchisee gives you the confidence that you are making the right decision

You may think psychometric testing, three days in a restaurant following a franchisee around, and a panel interview with the senior management of the franchisor, is a bit over the top, but the franchisor that puts you through your paces and assesses your ability and commitment to running the business, is doing you a huge favour and may even help you see this is not for you. It goes both ways, and after an intense courtship, you should know if you want to try a long-term relationship.

Related: Col’ Cacchio: A Passion For Pizza

2. Assistance with location selection and negotiation of the terms of your lease

One thing you can do to limit your risk is to not open a restaurant in the first place if your rent is not going to be reasonable or you simply won’t get customers through the door. The franchisor will vet and approve the site – they will have extensive insight into what has worked or not worked location-wise for their brand, and can assist you to weigh up the area and it’s potential to attract customers.

The commercial terms of a lease is very important – you can’t be too ambitious about turnover targets, and having the backing of a franchisor can be beneficial if a landlord becomes unreasonable.

3. Staff training and development tools on hand

Consistency is important with restaurant franchises, as a customer visiting a brand anywhere in the country, goes there knowing exactly what they are going to get. This is best achieved with solid training, perhaps access to resources such as training videos, and regular visits from franchise managers.

You should check with your franchisor what level of training and franchise support you will have on an ongoing basis. Ask about the ratio of field trainers and operations managers to the number of franchisees in the group. You want the franchisor in your restaurant in some shape or form, two or three times a month, whether it be the training manager, the regional franchise manager or the national operations manager.

4. Access to supplier networks to manage your input costs

Negotiating basket pricing with distributors regionally and nationally, the franchisor will leverage their buying power on your behalf. They should assist to manage your suppliers and make sure deliveries happen on time, and ensure that product quality remains consistent. They can also negotiate to ensure your input costs do not increase before the next menu launch – so you can ensure your margins remain intact.

5. Brand loyalty and locality marketing

When you buy a restaurant franchise, you gain a group of customers who know who you are, the food you serve and the way you make them feel. The money you will pay towards marketing each month gives you insight into the broader restaurant market, the experience of what is working across a number of sites, and how best to keep the attention of new and existing customers.

Some franchisors offer locality marketing assistance – your site and area has specific needs that other outlets may not have, or there may be events in the area that can be leveraged to run special offers. Ask if the franchisor offers this as a service, as it can assist you greatly to have an advantage over other restaurants in your area.

Related: Beginners Guide To Digital Marketing In South Africa

6. Business development insights

The franchisor has access to insights gained across the group, and the systems that they have in place to track costs and increase profit margins, can be of huge assistance. If you are looking for business support, a franchise manager can be the one sitting with you telling you that you spent R2 000 too much on cleaning this month or saying you need to wait till next month to make that purchase. The level of business support you will have access to, is an important factor to consider, depending on the level of support you may require.

Recipe for success

Nine times out of ten, a restaurant franchise that fails, fails because the franchisee loses interest or lacks the commitment to make it work. Selecting the best franchise for you as the investor, or as a restaurant entrepreneur, is the most important first step you can take towards success, so do the homework.

Don’t assume that because you are buying into a successful brand that it will be a success – business is not an exact science – you need to do your own due diligence and take responsibility for your business, because it is after all your own investment.

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We Want To Invite You To Join Us On The Hi-Q Journey And Become A Franchisee

As the leader in the tyre replacement and service industry, we are invested in providing our network with the tools needed to thrive and grow in an ever-challenging market.

HI-Q

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Vital Stats

This is an invitation to all innovative entrepreneurs who are seeking new and exciting opportunities – here’s your chance to become part of a winning team.

As the leader in the tyre replacement and service industry, we are invested in providing our network with the tools needed to thrive and grow in an ever-challenging market.

The Hi-Q Way

  • Hi-Q’s been voted the 1 tyre retailer by South African consumers in the Ask Africa Icon Brands Survey from 2010 – 2017.
  • Over the years Hi-Q has established itself as ‘the one you can trust’, with customers, the network and suppliers.
  • Hi-Q prides itself on first-class service, a multi-product/multi-brand offering as well as ground-breaking product innovations such as TyreSurance on all tyre brands.
  • Hi-Q has an extensive network of over 130 franchisees
  • Hi-Q has the support of the Goodyear value proposition.

If you are looking to join a new franchise and you share Hi-Q’s values and vision, please get in touch.

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