Business Sale Lawyer for Selling a Business

Things to Consider When Bringing on a New Business Partner

Advice for New Business Partnerships

I have seen dozens of these scenarios fail. Literally dozens. And the one thing they all have in common are mis-matched expectations. Expectations about who is responsible for what, how the work will get done, and most importantly, who gets to make the final decision on issues. These new business partners do not clearly define expectations or build in consequences for what happens if expectations are not met. The business itself and the “dream” can be very much at risk when these relationships break down.

When Possible, Just Pay for Services

If you are starting a business and need help, find a way to pay for the services you need. There are inherently clearer roles in the employer/employee relationship than a partner relationship. Hiring a service provider instead of making them a stakeholder reduces the chances of going out of business due to personality conflicts.

Take the Time to Get to Know Your Potential Business Partner

If you insist on bringing on a new partner, you really need to take the time to get to know them. And if you do enter into a partnership, be specific about expectations and compensation. In the ideal world, business partners clearly define what the expectations are, what each has to contribute, and what each can earn by performing up to expectations. You should also spell out the consequences for either party of failing to meet expectations.

Hope for the Best and Plan for the Worst

You need to plan for the worst case scenario and answer questions like:

  • What happens if the partnership falls apart? Does the business have to be dissolved?
  • Can one partner buy the other partner out?
  • Can one partner “fire” another partner? For cause or not for cause?
  • What happens if one partner quits? Quits with or without reason?
  • What happens if one partner dies or becomes disabled?

 

Put a Partnership Agreement in Writing

Considering that 70% of business partnerships fail, it’s just foolish not to have a written partnership agreement in place. You need to put everything in writing including what is expected of each partner and what each partner will gain in return. An added benefit of hiring an attorney with many years experience writing partnership agreements is that they will know where the potential pitfalls are and how to circumvent them.

Consider Calkins Law

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