All posts by pcoadmin

Organizing Your Organization: The Legal Stuff

A few quick comments on the legal aspects of organizing your business…  There are several forms your business can take for legal and tax purposes.  Those forms include, but may not be limited to:

  • Sole Proprietorship
  • Partnership
  • Limited Liability Company (LLC)
  • Sole Proprietorship LLC
  • Professional LLC
  • Professional Corporation
  • Subchapter S Corporation
  • Subchapter C Corporation
  • For Profit Corporation
  • Not For Profit Corporation
  • Non-profit Corporation
  • Charitable Corporation

I’m only going to give you one piece of advice on the best legal structure for your company.  Talk to your family attorney if you’re a small or home-based business or to an attorney specializing in business and tax law if yours is a mid-sized or large organization.

My partners and I are organized as a subchapter S corporation that provides professional consulting services, and we each own stock representing our investment in money and intellectual property.  This form limits our liability and passes tax reporting responsibility to us individually.  I also have a sole proprietorship LLC which offers consulting and technical services.  It too limits personal liability and is disregarded for tax purposes.  Suffice it to say we had the advice of a very experienced family and estate planning attorney and certified public accountant when legally forming our businesses.

However, my purpose with this blog is to deal with structuring your organization for performance.  So here’s a very important “Better Business Basic” for you, leave the legal stuff to the experts!

Organizing Your Organization

Sorry about the time away from the blog folks, but I’m happy to be back and ready to shift gears.  We’re going to focus more on the people side of your business before getting back to processes; starting with structuring your business.

The right structure will help your business do the right things right.  It will free up your people to achieve their full potential, and your business to achieve its full potential.  It will provide for performance, management, and direction.  It will provide for effective communication and motivation.  It will directly link your team members to your purpose and strategy.

Much discussion in administrative theory and organizational behavior revolves around the idea of vertical or flat organizations and the “chain of command”; in other words, many or few management layers, and what is the “right” number of people reporting to one person.  There are other important ideas like self-directed work teams and quality circles which may affect the successful achievement of your purpose.

Keeping this simple, the answer to the question, “What is the right organization structure for my business?” is; it’s the one that best suits the nature of your organization’s purpose and the activities necessary to fulfill that purpose.  In other words, it’s a “form follows function” approach.  You’ve defined your conceptual foundation, developed your strategy, and identified the systems and processes necessary to carry out your purpose.  Now you’ll create a form for your organization that supports the essential functions (systems and processes) you’ve identified.

Think of your organization’s structure much as you would the other systems and processes necessary to achieve your goals.  There should be no self-justifying element of the structure; no extra layers of management; no staff members searching for a purpose.  There should only be a sufficient number of competent people in the right positions such that through effective interaction, they get the job done without wasted time, effort, and re-work.  Seems like common business sense to me.

From the largest multi-national corporation to the sole proprietorship working out of a home office; all have the same need for structure.  The organization needs direction in the form of a mission, vision, values, purpose, strategy, culture and policies; all of which guide people in performing their jobs.  The organization needs management of its resources, systems, processes, and risks to keep everyone focused on objectives within the constraints imposed by the established direction.  And the organization needs performance of tasks and activities using appropriate behaviors and competencies to accomplish the purpose it is intended to serve.

The key words are direction, management, and performance.  In a small business the sole proprietor may be responsible for all three elements of structure.  In large organizations direction is handled by a board of directors, management by a leadership team, and performance by the rest of the team.  In many organizations using a participative approach there is a large amount of crossover between these structure elements, much less so in the autocratic organization.  Regardless, these are the essential elements of an organization’s structure; as described by the late Peter Osterio in his seminar on “practical governance and risk management”.

So be thinking about your organization’s structure in terms of: “Form Follows Function”, Direction (Governance), Management, and Performance until next time, when we’ll fill in some details.

Business Systems, Part 1: Relevance

Some common business sense: every system and process in your organization should exist to support your business purpose and keep you in business.  Common sense says that there should be no self justifying system or process.  Every product, service, division, department, function, team, position, activity, task, and report, should exist for a reason found within your philosophy, purpose, or strategy and described in your business plan.

Business systems and processes, taken collectively, are one of five key drivers of performance in any organization, along with your people, structure, strategy, and foundation.  Any extraneous process takes valuable time and resources away from your primary purpose and negatively impacts performance.  If you want to run your organization on LEAN principles, even if you know nothing about LEAN, start here and eliminate any process that doesn’t support your purpose.

Use your business plan as your guide; if the plan doesn’t mention it, maybe you shouldn’t be doing it.  If it still seems like you need it, refer back to your business philosophy.  If it doesn’t relate to being purpose driven, people centered, values focused, servant led, community friendly, or environmentally responsible, maybe you shouldn’t be doing it.  If it still seems like you need it, you’re probably grasping at straws or you’re a bit of a packrat; get over it and get rid of it!

Those of you who are just starting your own business are blessed with a clean slate so resist the temptation to clutter it up with personal preferences, likes and dislikes. Stick with the basics we’ve been talking about since day one: build your foundation, define your strategy, then define, build and resource your systems and processes to deliver on your strategy.

Are there exceptions to this rule?  One; and it may not be truly an exception.  Depending on your industry there may be international, federal, state, or local laws and regulations you must comply with or suffer consequences.  Or you may have agreed to some local requirements to gain certain benefits such as tax abatement, requirements which often have consequences for failure to uphold the agreement. 

Consequences usually take the form of loss of desired benefit, fines, legal fees, or jail time.  A business basics tip: invest in whatever process is necessary to comply with the law or the agreement; it’s not worth the alternative.  Consider it a cost of being “community friendly” or “environmentally responsible”, and make it a marketing advantage or selling point if you can.  You’ll build credibility and your business reputation as a principled organization.

Remember, design your organization to be lean and focused on results.  Purge those self justifying extraneous processes and systems.  You’ll save resources and time, improving your performance and your probability of success!

More on Strategic Alignment

One of our business partners raised a good question about reaching potential users of alignment services.  His observation was that several potential clients had suggested they could handle the challenge of strategic alignment on their own and didn’t see the need for a consultant since it’s “just” a matter of communication.  His question was, “How can we help them see the value of using our software and consulting services to solve alignment challenges?”

There are several answers to the question, but there are a couple of critical responses that need to work into the conversation.  First, given that over the last fifteen years two major studies confirmed that two thirds of strategic change initiatives in North American businesses fail, why does the potential client believe they’re different?  What experience does the client have regarding successful change?  Second, given that successful change involves clear and concise communication, clarity of expectations and elimination of assumptions and ambiguity, what technology does the potential client have available to ensure that expectations are accurately captured, communicated, and tracked to completion?

What experience does PDS Group LTD have? We present on our resources page, www.pdsgrp.net/resources.html, more than ten case studies describing the application of our expectations approach to successful strategic change; and we have more than ten thousand documented expectations in our client databases.  Our various clients have experienced an increase of $51MM in sales revenue over 19 weeks, improvement in client satisfaction from 4th place to 1st place in one year, successful management transition of a family owned business, and completion of a major construction project on time, within budget and with no legal challenges (first time in fifteen years for the building owner).  Our web-based alignment software to which clients may subscribe can not only track individual expectations, but also identify for each expectation the:

  • Strategy element or component to which it applies
  • Tension or risk associated with each
  • Amount of coaching needed for successful execution
  • Specific success objectives such as deliverables, timing and budget
  • Achievement levels and projected financial impacts
  • Start, stop, and coach dates for each

We definitely have experience with successful strategic change, misalignment and conflict resolution.  Does the client?

Strategic alignment is not just clear communication; it’s the process of communicating clearly and completely, delegating effectively, tracking communications and related results, and maintaining accountability.  It needs to be viewed as a core business competency essential to the success of any organization.  However, it’s the rare business school that even mentions it, much less teaches it. 

Think about it a moment; when you were building your firm foundation following my early posts on this blog, did you include strategic alignment as a core competency?  Were you aware of the need for or even the definition of strategic alignment?

I’m still working on some answers for our business partner, but I hope I’ve given you some essential tips about strategic alignment that cause you to learn more about it and know when to ask for help.  As we like to say at PDS, “Change is hard, real change is real hard!”  But you’re not in it alone; we have some resources and the bench strength to help.  So if you’re struggling to get your team aligned with new strategies or major changes, give us a call.