A well-drafted partnership agreement not only helps prevent conflicts but also provides a roadmap for the growth and success of your venture. The agreement you sign with your business partner sets expectations and addresses potential conflicts. Creating a comprehensive partnership agreement reduces the risk of conflict.
There are a few important elements to consider when crafting your contract.
Roles and responsibilities
This section outlines the specific tasks and duties that each partner is responsible for. It can include details such as who will handle day-to-day operations, who is in charge of financial management and how you should make decisions. A well-defined division of labor minimizes misunderstandings and ensures that everyone understands their role in the business.
Profit and loss sharing
The partnership agreement should outline how you distribute profits among partners, whether by ownership percentage or some other agreed-upon formula. You should also address how you allocate losses and whether partners must contribute additional capital in case of a financial shortfall. Include provisions for reinvesting profits or setting aside funds for future growth as well to protect the company’s financial stability.
Every partnership needs a plan for various exit scenarios, such as a partner wanting to leave the business, a partner passing away or the need to sell the business. The agreement should address buyout procedures, valuation methods and the terms under which a partner can exit. Include non-compete and non-solicitation clauses to protect the interests of the remaining partners in the event of a partner’s departure.
According to Forbes, 70% of business partnerships fail. Given those statistics, you should give your business its best chance at success with a strong partnership agreement that addresses the key concerns. A carefully considered partnership agreement can help prevent disputes, maintain financial stability and provide a roadmap for your business’s future.