4. STRUCTURES
This section deals with your legal business structure, financial frameworks, as well as the internal structures which you set up in your business.
Legal Structures
- How have (are you planning to) legally structure your business? What is the legal structure (company, sole proprietor, Limited liability, or close corporation)?
- What are the responsibilities of the directors? Refer to the Nomad Directors’ Guide here
- Who are the owners and what is the shareholding structure?
- If the shares are held by an individual is he/she married and on what contractual terms?
- Is your business new, takeover, expansion, or a franchise as this will affect the structure?
- What are the annual legal requirements for keeping your business compliant and are you currently compliant? Do you have a tax clearance certificate?
- What is the legal and regulatory environment you are operating in and how are you planning to overcome this?
- Are there any requirements in terms of copyrights, trademarks, patents for your products?
- How are you structuring your business? What business units are you setting up in your business?
- Who are your accountants, auditors, attorneys, or professional advisors
- One of the biggest structural issues we face in South Africa is the short supply of electricity. How is the current short supply of electricity affecting your business and what are you doing to avoid this negative impact on your business?
Financial Framework
This section pulls together al that you have said into financial figures to see whether your idea is financially viable or not. Some of you working through the pathfinder process may be Excel WizKids but for the most, you are not. Even if you are not you will have to upskill knowing that without proper financial oversight your business is doomed.
Let’s try and find middle ground here. Keep it as simple as possible but still, include as much detail as possible when considering the following:
- Capital Investment
- Long-term capital investment: What investment into CAPEX is required for your business to operate?
- Working capital investment: How long will your working capital cycle be and what investment is required into this cycle?
- Borrowings
- Long term borrowings: Do you require any long-term funding and if so how much?
- Short term and overdraft: Do you require any short-term funding and if so how much?
- Projections
- Turnover: What is your projected/estimated turnover?
- Cost structure: What are your cost structure and profit margin?
- Financial analysis/summary
- Historical:
- If you have historical information and track records include those here
- Forecast:
- Include only a short version of your Profit and loss and expected capital investments here
- This needs to indicate at least a 12-month forward-looking cash flow forecast along with a Pro-forma balance sheet at the end of the 12 months
- General
- Ensure that the other sections in this pathfinder document correlates and agrees to the information included in the financial analysis
- You may also include details on pricing or costing
Supporting Documentation
You have considered a lot in this document, well done! The final stretch is to collate and put together some of the supporting documents that give substance to what you have defined and protect you and your business on a legal compliance level. These may include:
- Company registration documentation
- Tax clearance certificates
- Partnership agreements
- Share certificates
- Purchase or franchise agreement
- Lease agreements
- ISO certificates
- Contracts, letters of credit, letters of intent, orders
- Patents, trademarks, or copyrights
- Identity documents and marriage certificates
- Life insurance or key man insurance policies
- Terms and Conditions
- Policies: From privacy to company policies
- Employment contract templates and code of conduct
Ready to start a business?