Document Retention Policy: How to Create Your Own
August 12, 2024
Copyright Basics for Small Business
September 2, 2024

Did you know proper document management saves you money? As a small business owner, document retention policies and practices may seem like a tedious and, frankly, useless waste of time.  After all, the time you spend cataloguing, filing, maintaining, and destroying documents isn’t adding to your bank account.  Or is it?  Let’s talk about ten different ways that your document management habits can save you bank and even make you money!

1. Legal Compliance:

  • Tax Audits. Retaining accurate financial records for the required period can help quickly and efficiently respond to an IRS audit. You’ll avoid additional tax liability, fines, and interest if you can document all your expenses and deductions.
  • Regulatory Inquiries. You can demonstrate compliance with industry-specific regulations by producing the necessary documentation upon request. Remember it only takes one well-placed complaint to bring those regulatory agencies sniffing around your door!
  • Employment Laws: Ensure your document management is in compliance with labor laws, such as timesheets and payroll information. This allows you to respond quickly and accurately to wage and hour claims or investigations.

2. Litigation and Disputes:

  • Contract Disputes: Provide clear and accessible records of agreements and contracts to resolve disputes with clients, vendors, or partners. Client won’t pay? Your fully executed signed agreement provides the proof that they agreed to your price. Vendor claiming you didn’t pay? That proposal that clearly lays out the cost, along with proof of your payments (cancelled checks or CC statements) should put that to rest.
  • Employment Disputes: Use retained employee records such as performance reviews, accident reports, and termination documentation to address issues. What issues you ask?  How about wrongful termination claims, EEOC complaints, worker’s compensation claims, or other employment-related disputes.

3. Financial Document Management:

  • Financial Audits: Ensure all financial transactions are well-documented and accessible for internal or external audits.
  • Budgeting and Forecasting: Use historical financial data to create accurate budgets and financial forecasts. This allows you to be strategic about future planning, knowing what products or services are providing the best ROI so you can drop the poor performers from your offerings.
  • Fraud Prevention: Retain comprehensive records to detect and investigate potential fraud or financial irregularities.

4. Operational Efficiency:

Quickly find and retrieve important documents to avoid operational delays and inefficiencies. When you know where your documents are, you don’t waste valuable time searching. Instead, you can spend that time serving more clients!  Analyze retained records to identify areas for process improvement and operational optimization. Spending less time on one client through operational efficiency may allow you to add another client to the roster!

5. Customer and Vendor Relations:

  • Customer Service: Access past communications and transactions to resolve customer inquiries and issues quickly and efficiently and avoid then need for escalation.
  • Vendor Management: Maintain detailed records of vendor contracts, performance, and payments to manage relationships and negotiate better terms. You may get a much better price on the next year of service if you can show that full value wasn’t provided in the past year.

6. Disaster Recovery:

Maintain backups and copies of critical documents to ensure business continuity in the event of a disaster or data loss. For example, how quickly can you be back up and running if your computer hard drive dies?  The faster you can resume operations, the less loss you experience.

7. Intellectual Property Protection:

  • Patent and Trademark Documentation: Maintain thorough records of intellectual property filings and related communications to defend against infringement claims. This also allows you to monetize your intellectual property as an additional revenue stream.
  • Trade Secrets: Protect confidential business information by securely retaining and managing access to sensitive documents. This is critical to your competitive edge in your market!

8. Historical Reference:

  • Business Decisions: Access past records to inform and justify current business decisions.
  • Corporate Memory: Preserve the company’s history and evolution, which can be valuable for branding, marketing, and cultural initiatives.

9. Employee Document Management:

Keep detailed records of employee performance to inform promotions, raises, and disciplinary actions.  Properly rewarding your employees for a job well done improves retention rates, saving you the expense of hiring and training replacements. And quickly letting go of the underperforming employees improves morale and lost productivity.

10. Selling the Business:

  • Due Diligence: Provide potential buyers or investors with accurate and complete records during due diligence processes. It will move the sale or investment along much quicker with far less questions and sticking points.
  • Valuation: Use retained records to demonstrate the value and stability of the business, potentially increasing its market value. This also comes in handy when seeking bank financing.

Conclusion

A solid document retention policy is a crucial component of effective business document management. By anticipating these potential issues and preparing accordingly, small business owners can protect their interests, maintain compliance, and operate more efficiently.  Want to learn more about implementing a document retention policy?  Check out this post!

©2024 Cheri D. Andrews, Esq. This material is informational only and does not constitute legal advice. This material does not create an attorney-client relationship between Cheri D. Andrew, Esq and the reader. Recipient should consult with counsel before taking any actions based on the information contained within this material.

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