April/ May 2013
Family Family Businesses:
What’s the best way to address conflicts of interest?
It’s normal for a family business to deal not only with company issues, but also personal matters. When those issues conflict, trouble can’t be far behind. But there are ways to handle such problems and keep them from cropping up again down the road.
Bad for business, bad for morale
Conflicts of interest — whether due to a family member feeling “entitled” to disobey company policies or to take more liberties with bonuses and salaries — can damage your company’s external image and credibility. If word gets out that your company is biased in its business connections and transactions, customers and vendors outside the family may be hesitant to deal with your company.
Such matters can also be bad from a family perspective. Not only do such dealings often end up costing the company and its shareholders money and lost opportunities, but they also may generate resentment from other family members in the business.
Suppose your company provides startup capital for your grandchild’s new business but, without a sound business plan, the venture fails. In such a circumstance, your company wouldn’t just lose its investment — it would also suffer from resentment that you’d supported your grandchild’s endeavor over other family members’ endeavors.
Conflicts of interest affect nonfamily employees, as well. They may become disheartened if they believe they’re receiving inequitable treatment. As you can imagine, this can lead to decreased morale and productivity.
Where trouble may arise
The potential for conflicts of interest naturally increases as a family business grows to include more family members. Consequently, it’s important to anticipate and identify the different types of situations that may crop up. You should also consider whether a current situation may develop into a future concern.
Some of the more common sources of conflict may involve influence — such as encouraging your business to hire individuals or use vendors because of familial or personal ties. In addition, misusing privileged business information or mishandling company property, resources or services can lead to a conflict of interest. Last,
accepting personal gifts, favors or services from your company’s vendors or clients can often lead to a conflict of interest.
And for family businesses in particular, compensation that favors family employees by giving pay raises, bonuses or other perks over and above what nonfamily employees receive is a definite no-no.
When in doubt, listen to your conscience. Telltale signs that a situation poses a conflict of interest include deriving personal or monetary gain at the expense of the business and feeling a need to conceal details of a situation from others in the company, family or public.
Remedying the situation
Having a conflict-of-interest policy can help your organization identify and remedy potential issues. It also demonstrates your family business’s commitment to integrity and fairness, and serves as a guide for potential conflicts.
If you haven’t already done so, update your employee policy manual by defining “conflict of interest” and provide several illustrative examples. In addition, outline the process for resolving conflicts, such as bringing them to your board’s attention or consulting a business advisor.
Moreover, require employees to disclose any personal relationships or interests that relate to the business, such as with vendors or investments. And establish procedures for a team to objectively evaluate and select vendors. Finally, specify rules and fees for using company resources and equipment.
To ensure your staff follows the conflict-of-interest policy, incorporate it into your bylaws and employee handbook. Also, have your board and employees review the policy and sign a copy of it annually.
A policy that favors all
While it might be tempting to favor family members over nonfamily employees by offering higher salaries or greater benefits, don’t do it. You’ll be setting up a battleground between the “haves” and “have-nots” which can sour relationships for years to come. The best policy is to treat all employees the same. •
This material is generic in nature. Before relying on the material in any important matter, users should note date of publication and carefully evaluate its accuracy, currency, completeness, and relevance for their purposes, and should obtain any appropriate professional advice relevant to their particular circumstances.
Share Post:
