There are a growing number of individuals who approach us here at Social Delta with a business idea that is going to make a social change through the sale of goods and/or services. Many of these prospective clients ask if it is necessary to hire professionals to help them launch their business correctly. Of course, we first assure them that hiring Social Delta would be a good choice to invest in professional guidance (offered half in jest, wholly in earnest).
However, in full seriousness, Social Delta recommends that all starting entrepreneurs should hire the professional services of both a lawyer and an accountant.
It is always our belief that social entrepreneurs should remain operating in the informal sector for as long as possible. However, once the business matures to the point where it is appropriate to incorporate as a formal legal entity, it is worth contacting a lawyer to help with the incorporation. It is not difficult to incorporate a business in Canada, but a lawyer can help you shape the language you use to help enshrine your social value proposition as a non-profit corporation, a co-operative, or as a private sector business. Good legal advice is not always cheap, but a one-time consultation can be cheap in the long run as it will inform you of your rights, obligations and the benefits of the various legal incorporation forms to host your social enterprise.
Hiring an accountant early in your business operations will pay for itself many times over. As with the field of law, the field of accounting (and specifically tax codes) is perpetually changing, and getting good advice on how to set up your books, track your expenses, defer taxes, charge and claim GST or PST will make your first year of operations (and every year after) so much easier.
So what should every social entrepreneur ask their lawyer and accountant? Here is a short list of recommended questions, although of course every entrepreneur may also have specific questions related to their specific case:
“How and when should I incorporate my business?”
What are the benefits and limitations of a sole proprietorship, a limited liability company, a multi-stakeholder co-op, or a non-profit? Should I incorporate federally or provincially? Is there hybrid legislation in my province, and if so, what should I be sure to include in my bylaws or articles of incorporation to assure that I could register as a hybrid company in the future?
“Where do I get the money to run my business?”
A qualified accountant who understands your business model will help you choose whether you want to take on debt, sell equities, or self-finance your new venture. Note that not all forms of financing are available in every form of incorporation. Furthermore, financing creates annual operational expenses, and professional advice on how to structure the contracts, loans, equity agreements, membership shares, or other forms of financing can help mitigate cash flow challenges.
“How should I set up my books?”
It is always a good idea to separate your personal and business finances. Have a separate bank account and a separate credit card to help track business expenses. Any accountant will likely tell you that, but they can also tell you what expenses you need to track. What do you need to capture for tax or other government reporting? What are the rules around entertainment and marketing expenses? What are some of the key financial performance indicates that I should be tracking regularly to ensure that the business is healthy?
“How do I manage profit?”
Every entrepreneur thinks that they are going to make a profit, even many social entrepreneurs. However, by hiring a qualified accountant, you can help make realistic financial projections, employing their past experience with both revenue and costs with other clients. They can also help you structure your books to increase the expenses for (investments in?) activities that maximize social improvement (i.e. bursaries, salaries, community investments, philanthropy, sponsorship, and others)
“How much and when do I pay myself?”
An accountant can help structure a business to determine how best to pay yourself. They can help structure the business to minimize income taxes and they can help plan HR costs to not jeopardize cash flow.
“What about all this tax stuff?”
Accountants understand the tax rules better than anyone else. Trying to stay on top of the changes to income tax, or the payment schedules of GST, or the charging of GST in different jurisdictions is not for the under-informed. Ask your accountant about how your status as a sole proprietor, shareholder, salaried employee, or contractor affects personal income taxes. If you have staff, how do you manage payroll taxes (and source deductions, for that matter). Accountants can help you determine eligibility for tax deductions and/or credits, and can help you determine when to charge GST and how best to set up the regular reporting and payment of GST to the government.
“Is there a good time to prepare an exit strategy?”
When choosing how to incorporate your business, it is always good to consider what will happen when you aren’t there. You may want to sell the business, transfer the assets to a community organization, convert to a worker co-operative, or merge with another company. Social enterprises often seek to have an asset lock built into their initial design, in order that the business assets, intellectual property and staff remain in service to the community. Both accountants and lawyers will have advice on governance and processes to consider when you are downsizing, divesting, moving to another country, or merging with other legal entities.
It is often said that entrepreneurs should understand all aspects of their business. I couldn’t agree more…the entrepreneur is responsible for product development, market research, financial oversight, sales, social impact measurement and everything in between. You have to understand it all. Entrepreneurship is often about juggling all the plates.
But it doesn’t HAVE to be that way.
Seeking professional assistance in areas of your business which require special skills is a wise investment of money to save you time, and can prevent future problems. Professionals can help you understand your business better, and make better choices. Social Delta advises that a modest investment early in financial planning and governance will likely prevent a potentially crippling legal or financial problem down the road.
The marketplace of social deficits
Most social enterprises start because an individual or an organization sees a problem in society—a social deficit—and they want to find a sustainable way to improve that deficit.
Just as inventions historically have helped to address perceived personal needs—from the radio to the steam iron—so too are innovations required to address social deficits, and if those innovations can be commercialized, then they are fodder for a strong social enterprise.
In the last few years, I’ve met an increasing number of people—both seasoned and young—who want to pursue social enterprise as a meaningful career path. However, many haven’t necessarily taken into account the marketplace of social deficits. In the last decade or more, there are some clear, growing areas of need in our society for which a social enterprise might be the right tool.
Below is my quick list of the challenges facing our society; this list describes a fertile field for social enterprise development to start.
Ageing populations will create needs for new financial tools, intergenerational wealth transfer, housing, urban design, mobility and new methods of countering isolation in a world of technology, fading social structures (like the church) and greater longevity.
A diversified global citizenry requires new approaches to schooling, language and cultural training, housing and ways to address conflict.
New health care needs for chronic illnesses and afflictions, including diabetes, arthritis, depression, obesity. Even some of those diseases which were considered acute (and typically life threatening) such as cancer and heart disease are increasingly being considered chronic, as survivors may require ongoing supports to live well.
Our energy needs are extraordinary. With a technologically advancing society, all our lives are affected by available electricity and locomotion. Our shelter, our food, our lifestyle, and even our money are all perilously threatened if we loose power, or if energy costs spurred by limited supply and increasing demand become unaffordable.
Water and other environmental challenges are also looming concerns of the next generation. Clean water is an ecosystem requirement and a threatened resource as the population grows, and as our continued polluting contaminates the limited freshwater reserves on the planet.
Increases in gambling, poor diets and inactivity, violence (gang, domestic, and other abuse), and the (mis)use of both illegal and prescription drugs are requiring us to reconsider the way the society must address social behavioral problems.
Crime appears to be on the increase, although statistics prove otherwise. Of course, we need not be complacent, as preventing crime is worth our vigilence at the local, national, international, and even the metaphysical space of the internet. Identity theft, concerns of privacy and even fears of falling victim to fraud pervade our news, and thus our response to the world around us.
The nature of work is changing and this creates many social challenges. Increased wealth is not translating in to increased welfare. Communal workplaces, telecommuting, and decreases in manufacturing and skilled labour are affecting our communities and exacerbating wealth gaps.
It also appears that the next generation is losing purpose, faith and hope in the structures of past generations (marriage, work, universities, religious institutions, government, etc).
Poverty and income inequality is also a global challenge. Our interdependent world means that poverty across the world will directly affect us all. Wars, famine, refugees, human rights abuses, and criminal activity are all reinforced by poverty, if not initiated by the curse of income inequality and injustice.
This list of social deficits should not drive us to despair. Statistically, global improvements to health, transportation, work, and international relations have enjoyed incredible gains over the last decades (“Factfullness” by Hans Rosling, will help reaffirm your faith in humanity).
Nevertheless, the traditional solutions to social deficits that have got us this far have often been direct interventions through the development of a new product or new service (or law!) by governments, non-profits, or private sector actors motivated by profits. However, the current multifaceted, systemic challenges are in need of more systemic solutions by engaging different sectors, different actors, new ideas, revised expectations, and new organizational structures.
Social enterprise is a tool—when done well—that can house systemic solutions that embody democratic (or collective) ownership, the focus of business thinking, the scale of the public sector and the compassion of the non profit and charitable world. By taking the best of all thinking, social enterprise is a vehicle to tackle both the new and intractable social deficits in our society.