Partnership Protection: Three Potential Disasters Without an Agreement in Place

If you are thinking about partnering with someone to do business together, you must consider a Partnership Operating Agreement. Ideally, you would have this document in place before starting your business. This agreement will lay out the rules of your relationship and the structure of your business. 
When businesses fail to sign any formal agreement with their business partners, several problems can arise.

Here are the top three examples of problems that clients face in such situations:

1. Disputes Over Roles and Responsibilities:

Without a clear partnership agreement, there can be confusion and disagreements about each partner's roles and responsibilities. This can lead to conflicts and inefficiencies, as partners may have different expectations about who should handle specific tasks or make certain decisions.

2. Profit and Loss Distribution Issues:

In the absence of a partnership agreement, there may be misunderstandings about how profits and losses should be shared among partners. This can cause significant disputes, especially if one partner feels they are contributing more to the business but not receiving a fair share of the profits.

3. Decision-Making Conflicts:

Without a formal agreement, there is no established process for making important business decisions. This can lead to deadlocks where partners cannot agree on the best course of action, potentially stalling business operations and growth. A partnership agreement typically outlines how decisions are made, whether by majority vote, unanimous consent, or another method.

Having a well-drafted partnership agreement can help prevent these issues by clearly defining each partner's roles, responsibilities, profit-sharing arrangements, and decision-making processes.

It is important to note that these examples are not exhaustive, and other problems can arise from not having a signed agreement with a business partner. It is always advisable to seek legal and professional advice before entering into any business relationship or commitment.

If you have any further questions or need more information, feel free to contact us for a 30 minute free consult and we will guide you through our process.

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Partnership Operating Agreement: Overview

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Protecting Your Brand: The Power of Trademark Co-Existence Agreements