Kean Smith – Page 8

15 November 202015 November 2020

Resolving Financial Services Complaints

You are probably fully aware that Non-Profit Organisations need access to people, resources and institutions to operate and deliver services to their clients. One critical service needed is financial services. In this post I will share a method which can assist you with resolving time consuming complaints and saving on legal fees.

Just like Governments and Businesses, Civil Society Organisations utilise financial services everyday. Such financial services include Banking, Insurance, and Real Estate. From time to time you may experience poor service which results in loss to your organisation. In order to address these issues you must know which body regulates the financial services provider. If you do not know which institution regulates them then just ask them. Banking, Insurance, Investments and Real Estate services should be regulated in all developed economies. For example, Banking in The Bahamas is regulated by The Central Bank of The Bahamas, Insurance in Canada is regulated by federal and/or provincial regulators. In Ontario, Canada insurance is regulated by Financial Services Regulatory Authority of Ontario. Investments in the United State of America is regulated by the US Securities Exchange and Commission, and the National Trading Standards Estate Agency Team regulates estate agency work in the United Kingdom and letting agency work in England.

So if you have an issue for example at an insurance company then you should follow the following steps:

Written complaint – if a verbal complaint does not resolve your issue with the Customer Service Officer then submit a written complaint to the branch manager of the financial services institution. Of course you should include as much relevant detail as possible in your letter e.g. account name and number, date of the poor service and the impact on your organisation or business. If possible then include a copy of the receipt or transaction. If you do not receive a reply after five working days then send a follow-up letter. If you do not receive a reply within three more working days then take the next step.
Complain to Regulator – contact the relevant regulator and submit a written complaint following the complaint process of the regulator. Regulators have different complaint processes which are normally set out on their websites. Follow the steps as set out. If no timeframe is given for a reply then follow the five plus three working day rule in the first step above. If you receive no reply from the regulator then take the next step.
Targeted follow-up with Regulator – call the regulator and follow-up with the Manager responsible for complaints (if you are given an email to contact the Manager then use email instead of a phone call but maintain the same timeframe). When doing so ensure that you have a copy of your complaint letter and follow-up along with the dates you submitted them or make reference to them if asked to send an email to the Manager. If you are not able to reach the Manager on your first call then call again three days later. If you are not able to reach the Manager during your follow-up then take the next step (make a note of the days you called for or tried to reach the Manager) .
Targeted follow-up with Executive Management – call the Regulator and ask for the person who answers directly to the Board of Directors for the day to day operations of the regulator. This maybe a Governor, Superintendent or Executive Director. Once you reach that office indicate that you need the Governor’s assistance with reaching the Manager and share which steps you have already taken to reach the Manager. Please mention the complaint, and the follow-ups (written and verbal) already made.

Following these four steps can be very effective. I have worked seven years with three financial services regulators in two countries. From my experiences taking these steps always result in your complaint being address. To help yourself you should make a written complaint and follow-ups if necessary. Naturally you should retain copies of all letters of complaint in a form that is easily retrievable and shared. If you are able to follow these steps and the recommendations then you will assist the financial service provider and/or the regulator with addressing your compliant as promptly as possible.

All the best and do well.

Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com

10 November 202010 November 2020

World Science Day 2020

“Celebrated every 10 November, World Science Day for Peace and Development highlights the significant role of science in society and the need to engage the wider public in debates on emerging scientific issues. It also underlines the importance and relevance of science in our daily lives.”[1]

[1] World Science Day for Peace and Development | United Nations. 2020. Available at: https://www.un.org/en/observances/world-science-day [Accessed: 10 November 2020].

3 November 20203 November 2020

Operating a Small Enterprise? – do not let this destroy your operations

We all know that in light of the steps taken to mitigate the spread of the COVID-19 virus, the global economy has contracted. This economic contraction has resulted in recessions in countries resulting in business closures and increased unemployment. According to the International Labour Organisation, as of June, 2020, “[more] than nine in 10 of the world’s workers continue to live in countries with some sort of workplace closures, with the Americas experiencing the greatest restrictions …”[i]. This reality has resulted in many of us and people that we know taking steps to adjust our lives and seek alternate employment or additional income. One way this is being done is by people working part time or creating additional sources of income by offering services e.g. tutoring, cleaning, delivery services or selling homemade desserts. If you are about to start a small enterprise or have started a small enterprise then I wish to share how to avoid one aspect that can destroy your enterprise and new source of income.

One thing that is certain in all relationships including business relationships is conflict. Another way to describe conflict is disagreement. Simply put conflict occurs when you and your client has a different understanding of exactly which services were agreed and when they should be delivered. In many cases, this difference of understanding only becomes apparent during or after the services are delivered and before full payment for the services have been made. If you have experienced this then you know that this scenario is very frustrating for for both parties.

As a small enterprise operator you should take steps to avoid settling conflicts in court, avoid litigation. While litigation is a legitimate means of resolving conflicts it has some disadvantages that are not suitable for small enterprises. You are probably fully aware that litigation can be costly and time consuming. If you are operating a small enterprise to create additional sources of income then it is likely that you do not have a budget for litigation nor do you have time to dedicate to attending court. Litigation should be avoided and you should employ alternate forms of dispute resolution. I am referring particularly to Arbitration, Mediation and Negotiation.

Handshake … a symbol of agreement (Photo by Charles Deluvio on Unsplash)

These alternate forms of conflict resolution are less costly than litigation and can produce a resolution in less time. I recommend that if you are about to start a small enterprise or have started a small enterprise that you seek advice and become more familiar with these alternate forms of conflict resolution and include them as part of your business strategy.

In closing, I wish you all the best with your enterprise. Do well. Do very well.

Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com

[i] Hard times forecast for global job recovery in 2020, warns UN labour agency chief. 2020. Available at: https://news.un.org/en/story/2020/06/1067432 [Accessed: 3 November 2020].

28 October 202030 October 2020

Funding short fall for your NPO? … then let’s be more strategic

As of 3.11pm CET, 27 October 2020 there have been 43,341,451 confirmed cases of COVID-19 including 1,157,509 deaths reported to the World Health Organisation.[i]

The COVID-19 pandemic has delivered an enormous global shock, leading to steep recessions in many countries. The baseline forecast envisions a 5.2 percent contraction in global GDP in 2020 which would be the deepest global recession in decades. It is expected that per capita incomes in most emerging and developing economies will shrink this year.[ii]

The Bahamas is not immune to this economic shock. For example, according to a Central Bank of The Bahamas Monthly Economic and Financial Developments Report, August 2020, visitor arrivals for January – July 2020 to New Providence, Grand Bahama and the Family Islands decreased 66.3%, 73.7% and 50.8 % respectively. These figures are staggering when you consider the heavy reliance The Bahamas’s economy has on tourism expenditure. In fact, the massive contraction of taxable economic activities in The Bahamas resulted in $349 million (15.9%) decrease in tax receipts during the said period.

Economic contractions like this have impacted the financial health of charities globally. For example, according to a survey carried out by the Chartered Institute of Fundraising, Charity Finance Group and NCVO, and published by PwC, charities in the United Kingdom face £12.4 billion shortfall in income for the year due to the impact of the COVID-19 virus.[iii]

International currencies (Photo by Annie Spratt on Unsplash)

The report indicated that when looking at the year ahead, charities:

Expect to see their total income significantly reduced, with their total income on average 24% lower than previously forecasted;
Are planning on an average fall of 57% on trading income; and
Have raised their voluntary income for the year down by an average 42%

In total, 91% of the charities that responded to the survey are forecasting a drop in their budgeted income with 56% believing it will decrease and 35% expected a significant decrease.

The cause and nature of this economic contraction not only negatively impacts funding sources of NPOs but simultaneously increases the demand for many of their services. This is especially true for organisations providing humanitarian services. As a resulted of this reality, many NPOs are finding themselves “between a rock and a hard place”. So what can NPOs do?

Collaborate and partner to deliver projects (Photo by Joel Muniz on Unsplash)

Although NPOs may have to scale back their services, this is a good time for NPOs like yours to look for suitable opportunities to collaborate and partner with other organisations. Just like many people, organisations need additional help to deliver projects and will likely welcome offers to collaborate or partner. So if you have not started as yet then please approach them, including your national and local governments. If we are honest with ourselves, and I believe we are, we will admit that we all need each other. So reach out and pursue those opportunities to collaborate.

Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com

[i] WHO Coronavirus Disease (COVID-19) Dashboard. 2020. Available at: https://covid19.who.int/ [Accessed: 27 October 2020].

[ii] Global Economic Prospects. 2020. Available at: https://www.worldbank.org/en/publication/global-economic-prospects#:~:text=Global%20Outlook,-COVID%2D19%20has&text=The%20baseline%20forecast%20envisions%20a,economies%20will%20shrink%20this%20year. [Accessed: 25 October 2020].

[iii] Charities face £12.4bn shortfall in income for year. 2020. Available at: https://fundraising.co.uk/2020/06/19/charities-face-12-4bn-shortfall-in-income-for-year/ [Accessed: 28 October 2020].

23 October 202023 October 2020

Controllers of Non-Profit Organisations in The Bahamas

The Non-Profit Organisation Act, 2019 (“the Act”) created the role of Controller and requires the Controller to sign a declaration which is part of the non-profit organisation’s registration form.

In this short article, I wish to share some basic information that will help you as Controller to start developing a culture of compliance in your organisation.

As a Controller you should be aware that the Registrar General (“the Registrar”) is given the authority by the Act to conduct on-site inspections of the operations of registered Non-Profit Organisations. The purpose of the inspection is for the Registrar to satisfy his/herself that registered Non-Profit Organisations are in compliance with the provisions of the Act and any regulations. Please note that the inspection will be conducted on the premises of your organisation or at a location as identified in the Act.

You should not view these powers to conduct inspections as intrusive. Remember that the purpose of the act is “… to ensure that [Non-Profit Organisations] are operating in a transparent manner and are not engaged in activities which constitute an identified risk.” (Objects and Reasons, Non-Profit Organisation Act, 2019)

I believe that the donors and supporters of your organisation desire that their money or other donated resources are used to help your organisation achieve its objectives. You should therefore take the necessary steps to ensure that your organisation complies with the Act and is not involved or supporting illegal activities like corruption, cybercrime or money laundering.

Furthermore, I believe that you will agree that it is in your organisation’s interest to promote a culture of compliance. A good place to start is for you as Controller to ensure that you understand your role and that your organisation maintains its business records including financial and other operational information. These records should be maintained at the office of your organisation and easily accessible for inspection by the Registrar if necessary.

Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com

17 October 202019 October 2020

Non-Profit Organisations Registration Workshop

Our project, NPO Project No. 9, was concluded at the close of business day on Thursday 8 October, 2020.

During the run up to the deadline, I was invited to represent the project on “The Hit Back with Nahaja Black” on Guardian Radio 96.9 FM on 28 and 30 September, 2020. The workshop aired live on radio and streamed live online was organised and sponsored by the Ministry of Social Services and Urban Development in conjunction with Civil Society Bahamas. The panelists contributing to the workshop were:

Dr. Jacinta Higgs, Director Gender & Women Affairs, Ministry of Social Services and Urban Development

Ms. Dellereese M. Grant, Assistant Registrar, Registrar General’s Office

Mr. Simon C. Rolle, Acting Assistant Registrar General, Registrar General’s Office

Dr Anthony Hamilton, President – Civil Society Bahamas

Mr. Kean Smith, Director and Project Manager of NPO Project No. 9

Mrs. Prodesta Moore, President & CEO – Bahamas Urban Youth Development Center

selective focus photography of gray stainless steel condenser microphone — Photo by Magda Ehlers on Pexels.com

If the missed the workshop then I recommend that you contact Guardian 96.9 FM to secure a recording of the programme. I believe that the presenters provided excellent resource material on the process of registering and the benefits for non-profit organisations registering with the Ministry of Social Services and Urban Development.

Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com

20 September 202020 September 2020

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