How to Use Business Partnership Agreements You Can Both Live With
The business partnership is both an intimate and complicated relationship – intimate in the fact that you’re making your money available and open to someone else, complicated for the very same reason. Money is a powerful tool and can be used to create great companies…or bring down many a business partnership when one or two things go wrong.
The key to establishing a great business relationship is to set it on solid footing from the beginning – in other words, to put it into writing. This can be accomplished by using the right business agreements from the beginning. And what constitutes a business partnership agreement? That’s exactly what we’re going to explore.
Corporate Structure
The first thing to establish in a business agreement is a corporate structure that you can all get behind. Whether you’re forming an LLC or an S-Corp, it’s important that all the people involved agree to the corporate structure in place when a new company is starting.
From there the corporate structure will create a framework for expansion as the company takes off, thus keeping things correctly “on the books” and organized tightly. Many business partners find that finding their niche within the corporate structure of a company alone is a great way to ensure a positive working relationship.
Joint Venture Agreements
Of course, not every business partnership is established in order to create a new company. In many cases, people enter into business together in order to achieve a number of goals – and that might mean acquiring a number of assets or even starting a number of companies. In this more complicated relationship, a joint venture agreement might be more appropriate for the parties involved – it will establish the ground rules for the amount of money that’s invested and let everyone involved know what their share is.
These joint ventures can then include a number of business actions that might exist out of a more traditional corporate structure but make more sense for business partnerships that require a greater deal of flexibility.
The key for joint venture agreements is to make sure that all business is settled between the partners before the papers are signed. If one partner is upset with the conditions of this agreement at the outset, it has the potential to create future conflicts that will have to be addressed under the context of having already signed an agreement.
Standstill Agreements
In business relationships the negotiation is one of the most important pieces of the puzzle. Negotiations for asset acquisition, for example, can be highly contentious and have ramifications that far exceed the imaginations of those people involved. Standstill agreements are contracts in which the parties involved agree not to talk to other parties about the same transaction to other parties. In short, the Standstill is like making a negotiation exclusive.
Whatever your business relationship, you need to make sure that the forms you sign match precisely with the form your relationship will take in the future. But make sure you like the arrangements in their present form in whichever agreement you sign because those agreements will be ironclad for many years to come.