| Digg it UP |
Hubs | Hubbers | Topics | Request |
| #1 in Business | Subscribe Email Print |
|
You are here: Home > Business > Business > The 10 Most Deadly Mistakes Business Partners Make - And How to Avoid Them |
|
Digg it UP - The 10 Most Deadly Mistakes Business Partners Make - And How to Avoid Them
How To Use Association And Organizations Membership To Get New Clients For Your Business? u to draft the partnership agreement with your lawyer before presenting it to your partner’s lawyer; its flexible structure enables you to experiment with different relationship configurations to see which one you’re most satisfied with; you’ll have a clearer idea of what you want from the partnership; and most importantly, you can clearly distinguish business issues from legal issues, and use lawyers only to discuss the latter which will save you money on legal fees.Most people join organization and associations but never utilize their benefits. As a serious business owner, and we at CD&C Business & Legal Form Processing Services, LLC (“CD&C”) would like to think we fall in that category, growing your business should be at the top of your priorities. Joining a business association/organization could help you get new clients/customers and possibly increase your business sales and recognition. Organization and associations offers several benefits that may enhance your business. Some of the benefits includes but are not limited to the following:Workshops, seminars, webinars, conferences and teleconferences. These benefits allow you to network with your peers, open discussions about what is going on in your industry, what others are doing and possibly put you in contact with potential clients/customers.Webinars and teleconferences are often offered online and by telephone where you can listen and participate in the comfort of your home. Often time you are allowed to record the teleconferences so that you can view and listen to them whenever convenient for you.Attending organization and associations meetings keeps you informed of the changes in your industry su This brings us to the next point. 6. Get Legal Advice Early Get legal advice from the beginning. Let your lawyer know what your goals are and he or she will let you know what you need to do to get there. A lawyer can also assess how realistic or beneficial your aspirations are. They can help you strategize your negotiations and plan what to ask for and when. Also note that the attorney representing the other side is the one you should look out for. You and your future partner should discuss the business side of your relationship first and, if possible, only introduce lawyers later. 7. Don’t Do Everything Yourself A good leader knows when to delegate responsibilities. Don’t try to do everything yourself. Assuming you’ve already taken the steps to carefully choose reliable consultants and employees, communicate with those work Legal Structures One of the best ways an entrepreneur can find the investment money he or she needs to grow their business is by finding a strategic or joint venture partner. In a good partnership, each partner will bring expertise or assets that the other party is missing, but that are necessary for the business to be successful; for instance: CASH!One of the most important decisions entrepreneurs make is how to legally set up their businesses. The choice can be a wise move or a costly mistake with regard to taxes paid, protection from liability, and the amount of resultant flexibility in running the operation.The initial choice of a business form, even if it achieves optimum results in the start-up phase, may require adjustment or alteration as the business matures. It is important to periodically re-examine the appropriateness of the type selected. Below is a description and a comparison of the advantages and disadvantages of each form of organization.Sole ProprietorshipFor an individual who wants to keep the operation small and simple, this is the easiest, least costly, and least regulated type of business to enter into. A sole proprietorship can be formed by just finding a location and opening the door for business. There are the usual fees for registering your business name and for legal work in changing zoning restrictions and obtaining necessary licenses. Attorneys' fees will be less than for other forms of incorporation because less document preparation is required.The sole proprie If done correctly, a partnership can be great a way to grow your company without implementing difficult and time-consuming changes to your business. A partnership can help you increase your market share, gain a new competitive advantage, and help you to respond and adapt more quickly to change in the marketplace. But, business partnerships can be tough, and getting out of a bad one can be worse than an ugly divorce. In my practice, entrepreneurs often come to me when it’s too late. In a typical scenario, communications have broken down between the partners, they have been kicked out of their business, money has been stolen, and everyone is about to sue everyone else. Let me put this into tangible terms for you. What I have found is that when I help my clients outline their relationship with their partners in writing before they get started, it will cost them between $1,500 and $7,500 for a simple partnership. When clients do not do this up-front work and hire my firm to sue their partner (or defend a lawsuit) when things go bad, it can cost up to 10 TIMES that amount in litigation! What I have found is that when future business partners hash out the terms of their relationship before they get started, they have longer and more successful partnerships, and they save a considerable amount of money on legal fees. To help future business partners get the conversation started, I have created a Business Partners Questionnaire that helps future partners begin to outline their relationship in writing. To get your FREE copy, email me at sfurnari@furnarilevine.com. Here are a few other suggestions to help keep you and your partners out of court! 1. Go Back to the Basics Before you even start hunting for a potential partner or decide that a partnership is definitely the way to go, take a look at your business plan. Decide whether such a move is in line with you business goals. What are your organizational goals? Would a partnership help you achieve these goals? Is it consistent with the objectives of your company? A partnership is not a magic bandage that will solve your company’s problems. If you feel that your decision to partner is a defensive move, it maybe an indication of a core problem that should be fixed within your company, not externally. Similarly, don’t rush into partnership because you rely on one to start your business. 2. The Deadly E’s: Ego & Emotion The deadly E’s can trap you in a potentially awkward situation with your partner. Surrounded by a myriad of official documents and important decisions to be made, your ego can cause you to make claims and opinions that can come back to bite you later on. For example, by distinguishing yourself as the company’s official decision maker, you become responsible for your partner’s decisions too. Just as dangerous are your emotions, which can lead you to form unrealistic expectations or impromptu promises or commitments. 3. Don’t Ignore Possible Opportunities/Stay Flexible Cash-strapped entrepreneurs have a tendency to stop their search for a partner once they find the first person who demonstrates an ability to write a check. Remain uncommitted until you sign an agreement with your potential partner. Actively cultivating your alternatives can give you a better perspective on the partnership process and allow you to ask yourself, “is this partnership truly the best option?” Keeping your options open can help you compare the relative advantages and disadvantages of each alternative, including that of a partnership. Not only does this prevent you from devoting excess time, money and effort on the sub-prime partner candidate, but you get the assurance that whatever decision you made was the best one. Also, consider possible opportunity costs. Along with the benefits of a partnership, you also assume liabilities, like your partner’s competitors. Will this fact conflict with potential opportunities in the future? 4. Form an Exit Strategy Before You Get Started Be realistic. Conflict is inevitable and you never know how severe it may get. Although it seems cynical, you should think of how you’ll exit from the partnership…before you get started. Consider it staying prepared for your next opportunity. While you and your partners are still on good terms, it’s crucial to determine how to allocate your business’ assets in case you and your partner decide not to work together anymore. You should also agree about what to do with the business or assets in case of an untimely termination, such as a partner’s death. Having an exit strategy will help you maintain your autonomy – your fate and that of your business remains in your hands, not your partner’s. 5. Map Out Your Mutual Expectations In Writing Before you get started, and possibly before you meet with your lawyer, prepare a plain English roadmap of the relationship between you and your partner. Some major advantages are: it allows you to draft the partnership agreement with your lawyer before presenting it to your partner’s lawyer; its flexible structure enables you to experiment with different relationship configurations to see which one you’re most satisfied with; you’ll have a clearer idea of what you want from the partnership; and most importantly, you can clearly distinguish business issues from legal issues, and use lawyers only to discuss the latter which will save you money on legal fees. This brings us to the next point. 6. Get Legal Advice Early Get legal advice from the beginning. Let your lawyer know what your goals are and he or she will let you know what you need to do to get there. A lawyer can also assess how realistic or beneficial your aspirations are. They can help you strategize your negotiations and plan what to ask for and when. Also note that the attorney representing the other side is the one you should look out for. You and your future partner should discuss the business side of your relationship first and, if possible, only introduce lawyers later. 7. Don’t Do Everything Yourself A good leader knows when to delegate responsibilities. Don’t try to do everything yourself. Assuming you’ve already taken the steps to carefully choose reliable consultants and employees, communicate with those worki 5S Workplace Organization in the Office and Plant firm to sue their partner (or defend a lawsuit) when things go bad, it can cost up to 10 TIMES that amount in litigation!Though many of the Lean tools have originated in the Toyota Production System, the maturation and migration of them to non-manufacturing settings is a natural evolution. This evolution builds on the foundation of Lean in the plant and adapts the concepts to other venues.5S Workplace Organization is one lean tool that is increasingly applied in the office as well as in the plant. The basic reason for this cross-border applicability stems from its title, Workplace Organization.The key element of 5S is the getting rid of non-useful material that has accumulated in the workplace. The workplace occupants have become accustomed to files, documents, sales brochures, equipment, and supplier catalogs taking up valuable office space and being piled on top of cabinets, under desks, in back rooms, and on desks. Similarly production inventory, scrap, tools & jigs, and unused machinery accumulate on the shop floor. As well as being a hindrance to finding anything (which in itself is a waste inefficiency); the accumulation of "stuff" is a barrier to carrying out the essential tasks of business and constitutes a safety hazard. A 5S red tag blitz quickly identifies what has to be removed from the workplace in what is called What I have found is that when future business partners hash out the terms of their relationship before they get started, they have longer and more successful partnerships, and they save a considerable amount of money on legal fees. To help future business partners get the conversation started, I have created a Business Partners Questionnaire that helps future partners begin to outline their relationship in writing. To get your FREE copy, email me at sfurnari@furnarilevine.com. Here are a few other suggestions to help keep you and your partners out of court! 1. Go Back to the Basics Before you even start hunting for a potential partner or decide that a partnership is definitely the way to go, take a look at your business plan. Decide whether such a move is in line with you business goals. What are your organizational goals? Would a partnership help you achieve these goals? Is it consistent with the objectives of your company? A partnership is not a magic bandage that will solve your company’s problems. If you feel that your decision to partner is a defensive move, it maybe an indication of a core problem that should be fixed within your company, not externally. Similarly, don’t rush into partnership because you rely on one to start your business. 2. The Deadly E’s: Ego & Emotion The deadly E’s can trap you in a potentially awkward situation with your partner. Surrounded by a myriad of official documents and important decisions to be made, your ego can cause you to make claims and opinions that can come back to bite you later on. For example, by distinguishing yourself as the company’s official decision maker, you become responsible for your partner’s decisions too. Just as dangerous are your emotions, which can lead you to form unrealistic expectations or impromptu promises or commitments. 3. Don’t Ignore Possible Opportunities/Stay Flexible Cash-strapped entrepreneurs have a tendency to stop their search for a partner once they find the first person who demonstrates an ability to write a check. Remain uncommitted until you sign an agreement with your potential partner. Actively cultivating your alternatives can give you a better perspective on the partnership process and allow you to ask yourself, “is this partnership truly the best option?” Keeping your options open can help you compare the relative advantages and disadvantages of each alternative, including that of a partnership. Not only does this prevent you from devoting excess time, money and effort on the sub-prime partner candidate, but you get the assurance that whatever decision you made was the best one. Also, consider possible opportunity costs. Along with the benefits of a partnership, you also assume liabilities, like your partner’s competitors. Will this fact conflict with potential opportunities in the future? 4. Form an Exit Strategy Before You Get Started Be realistic. Conflict is inevitable and you never know how severe it may get. Although it seems cynical, you should think of how you’ll exit from the partnership…before you get started. Consider it staying prepared for your next opportunity. While you and your partners are still on good terms, it’s crucial to determine how to allocate your business’ assets in case you and your partner decide not to work together anymore. You should also agree about what to do with the business or assets in case of an untimely termination, such as a partner’s death. Having an exit strategy will help you maintain your autonomy – your fate and that of your business remains in your hands, not your partner’s. 5. Map Out Your Mutual Expectations In Writing Before you get started, and possibly before you meet with your lawyer, prepare a plain English roadmap of the relationship between you and your partner. Some major advantages are: it allows you to draft the partnership agreement with your lawyer before presenting it to your partner’s lawyer; its flexible structure enables you to experiment with different relationship configurations to see which one you’re most satisfied with; you’ll have a clearer idea of what you want from the partnership; and most importantly, you can clearly distinguish business issues from legal issues, and use lawyers only to discuss the latter which will save you money on legal fees. This brings us to the next point. 6. Get Legal Advice Early Get legal advice from the beginning. Let your lawyer know what your goals are and he or she will let you know what you need to do to get there. A lawyer can also assess how realistic or beneficial your aspirations are. They can help you strategize your negotiations and plan what to ask for and when. Also note that the attorney representing the other side is the one you should look out for. You and your future partner should discuss the business side of your relationship first and, if possible, only introduce lawyers later. 7. Don’t Do Everything Yourself A good leader knows when to delegate responsibilities. Don’t try to do everything yourself. Assuming you’ve already taken the steps to carefully choose reliable consultants and employees, communicate with those work How to Do Business in China , don’t rush into partnership because you rely on one to start your business.It is not surprising at all when many foreign investors complained when they do business in China. Many wondered why their years of experience in the business world could not be applied in China immediately. Doing business is about building mutual trust and benefit amidst establishing relationship with people. If you do not understand your counterpart well, it will be quite difficult to establish good cooperation with him/her. An old Chinese saying goes: know yourself and your enemy well and you can fight a hundred battles without any fear of defeat. This greatly emphasized the importance of knowing and understanding your counterpart.Modern economic model differ greatly from the traditional one, whereby people in the past ‘fight’ till the last man standing. Today, people seek to achieve a “win-win” situation, and pursue long-term trade cooperation under a fair and healthy competition environment. Understanding factors such as China’s history, humanity and culture will be the key to investors’ success in China. As Western thinking and China’s traditional values do differ, encountering the culture differences is therefore inevitable, thus a better understanding of the cultural differences is necessary when doing bus 2. The Deadly E’s: Ego & Emotion The deadly E’s can trap you in a potentially awkward situation with your partner. Surrounded by a myriad of official documents and important decisions to be made, your ego can cause you to make claims and opinions that can come back to bite you later on. For example, by distinguishing yourself as the company’s official decision maker, you become responsible for your partner’s decisions too. Just as dangerous are your emotions, which can lead you to form unrealistic expectations or impromptu promises or commitments. 3. Don’t Ignore Possible Opportunities/Stay Flexible Cash-strapped entrepreneurs have a tendency to stop their search for a partner once they find the first person who demonstrates an ability to write a check. Remain uncommitted until you sign an agreement with your potential partner. Actively cultivating your alternatives can give you a better perspective on the partnership process and allow you to ask yourself, “is this partnership truly the best option?” Keeping your options open can help you compare the relative advantages and disadvantages of each alternative, including that of a partnership. Not only does this prevent you from devoting excess time, money and effort on the sub-prime partner candidate, but you get the assurance that whatever decision you made was the best one. Also, consider possible opportunity costs. Along with the benefits of a partnership, you also assume liabilities, like your partner’s competitors. Will this fact conflict with potential opportunities in the future? 4. Form an Exit Strategy Before You Get Started Be realistic. Conflict is inevitable and you never know how severe it may get. Although it seems cynical, you should think of how you’ll exit from the partnership…before you get started. Consider it staying prepared for your next opportunity. While you and your partners are still on good terms, it’s crucial to determine how to allocate your business’ assets in case you and your partner decide not to work together anymore. You should also agree about what to do with the business or assets in case of an untimely termination, such as a partner’s death. Having an exit strategy will help you maintain your autonomy – your fate and that of your business remains in your hands, not your partner’s. 5. Map Out Your Mutual Expectations In Writing Before you get started, and possibly before you meet with your lawyer, prepare a plain English roadmap of the relationship between you and your partner. Some major advantages are: it allows you to draft the partnership agreement with your lawyer before presenting it to your partner’s lawyer; its flexible structure enables you to experiment with different relationship configurations to see which one you’re most satisfied with; you’ll have a clearer idea of what you want from the partnership; and most importantly, you can clearly distinguish business issues from legal issues, and use lawyers only to discuss the latter which will save you money on legal fees. This brings us to the next point. 6. Get Legal Advice Early Get legal advice from the beginning. Let your lawyer know what your goals are and he or she will let you know what you need to do to get there. A lawyer can also assess how realistic or beneficial your aspirations are. They can help you strategize your negotiations and plan what to ask for and when. Also note that the attorney representing the other side is the one you should look out for. You and your future partner should discuss the business side of your relationship first and, if possible, only introduce lawyers later. 7. Don’t Do Everything Yourself A good leader knows when to delegate responsibilities. Don’t try to do everything yourself. Assuming you’ve already taken the steps to carefully choose reliable consultants and employees, communicate with those work The Spirit of Giving: Should Your Workplace Adopt a Family This Holiday Season? the sub-prime partner candidate, but you get the assurance that whatever decision you made was the best one.The festivities of the holiday season manifest even in the most focused of workplaces. Most workplaces have their own holiday traditions: formal holiday parties, lunchtime cookie swaps, Secret Santa exchanges or all of the above. But for those companies looking for a special way to celebrate the spirit of the season, why not consider adopting a family for the holidays?There are a number of compelling reasons to incorporate the Adopt-a-Family tradition into your workplace's holiday festivities. For one, it's truly a feel-good endeavor. What could be a better way to celebrate the holidays than by assuring that less fortunate children are able to have a wonderful day, too? Beyond that, adopting a family is a great way to build team spirit and solidarity in the workplace and to build your company's reputation for being a community-minded business in the process.Once you make the decision to adopt a family, it's simple to proceed. Many organizations are on the lookout for companies willing to sponsor families in need of a little holiday assistance. Among them are churches and other religious organizations, schools, hospitals, and shelters. A few quick phone calls will potentially turn up a few possibili Also, consider possible opportunity costs. Along with the benefits of a partnership, you also assume liabilities, like your partner’s competitors. Will this fact conflict with potential opportunities in the future? 4. Form an Exit Strategy Before You Get Started Be realistic. Conflict is inevitable and you never know how severe it may get. Although it seems cynical, you should think of how you’ll exit from the partnership…before you get started. Consider it staying prepared for your next opportunity. While you and your partners are still on good terms, it’s crucial to determine how to allocate your business’ assets in case you and your partner decide not to work together anymore. You should also agree about what to do with the business or assets in case of an untimely termination, such as a partner’s death. Having an exit strategy will help you maintain your autonomy – your fate and that of your business remains in your hands, not your partner’s. 5. Map Out Your Mutual Expectations In Writing Before you get started, and possibly before you meet with your lawyer, prepare a plain English roadmap of the relationship between you and your partner. Some major advantages are: it allows you to draft the partnership agreement with your lawyer before presenting it to your partner’s lawyer; its flexible structure enables you to experiment with different relationship configurations to see which one you’re most satisfied with; you’ll have a clearer idea of what you want from the partnership; and most importantly, you can clearly distinguish business issues from legal issues, and use lawyers only to discuss the latter which will save you money on legal fees. This brings us to the next point. 6. Get Legal Advice Early Get legal advice from the beginning. Let your lawyer know what your goals are and he or she will let you know what you need to do to get there. A lawyer can also assess how realistic or beneficial your aspirations are. They can help you strategize your negotiations and plan what to ask for and when. Also note that the attorney representing the other side is the one you should look out for. You and your future partner should discuss the business side of your relationship first and, if possible, only introduce lawyers later. 7. Don’t Do Everything Yourself A good leader knows when to delegate responsibilities. Don’t try to do everything yourself. Assuming you’ve already taken the steps to carefully choose reliable consultants and employees, communicate with those work 3 Types of Capital Investment for your Business - from a South African Perspective u to draft the partnership agreement with your lawyer before presenting it to your partner’s lawyer; its flexible structure enables you to experiment with different relationship configurations to see which one you’re most satisfied with; you’ll have a clearer idea of what you want from the partnership; and most importantly, you can clearly distinguish business issues from legal issues, and use lawyers only to discuss the latter which will save you money on legal fees.Capital is normally required for three possible applications, namely:1. Fixed Capital:Fixed capital refers to your business needs to buy fixed assets. This means that you need the capital to buy things like buildings, machines, computers, vehicles and furniture. These items are normally purchased for use in the business and not for resale. The purpose is to generate sales. They do not have a resale value and can be liquidated again, but in most instances lose value over time. This is called depreciation. Depreciation is seen as an expense and is recorded in the income statement. Land is the only item that does not depreciate. Fixed assets on the other hand are recorded in the balance sheet. When planning your business you must determine how much you will need for fixed assets. This capital will then be fixed and will not be available to for something else. Note that there is generally a cost linked in obtaining such capital. This will limit the amount that you can justify. careful planning of your fixed asset requirements is therefore necessary.2. Working Capital:Apart from buying assets for your business, you will need cash to run your business. Capital that This brings us to the next point. 6. Get Legal Advice Early Get legal advice from the beginning. Let your lawyer know what your goals are and he or she will let you know what you need to do to get there. A lawyer can also assess how realistic or beneficial your aspirations are. They can help you strategize your negotiations and plan what to ask for and when. Also note that the attorney representing the other side is the one you should look out for. You and your future partner should discuss the business side of your relationship first and, if possible, only introduce lawyers later. 7. Don’t Do Everything Yourself A good leader knows when to delegate responsibilities. Don’t try to do everything yourself. Assuming you’ve already taken the steps to carefully choose reliable consultants and employees, communicate with those working for you. Lawyers, accountants and managers can provide an objective, specialized perspective and a more realistic tone to what might be an overly optimistic plan. Having technical and expert advisers on hand can also help you understand financial and operational implications pertinent to both parties. 8. Haste Makes (Costly) Waste It’s true, time is money. But ignoring details and attempting shortcuts will likely cause delays or worse, bad decisions when forming a partnership. Remember, if your partnership blows up, it will cost you far more time, money and heartache than if you do things right from the beginning. 9. Don’t Overlook Details As an entrepreneur, you already have a knack for seeing the big picture. It’s the details, however, that will add value to your vision in the long run. Covering the following bases will help buffer you against uncontrollable changes in the market, operating costs, and even sentiments between you and your partner. Before you get started: establish the objectives and expectations of each partner; determine each partner’s contribution in terms of funds, skill and time; assess how much revenue will be allocated relative to the amount and type of work done; assign the roles and related tasks of each partner; for example, decide who will manage the partnership, who will get training and hire employees, etc.; form evaluation objectives and plan ways to monitor and assess performance; and determine a procedure to resolve problems when things break down; for example, mediation or arbitration. 10. Trust Your Gut My present partner excluded, I have been guilty of some bad decisions about business partners. I was involved in a partnership where I owned and managed an investment property in a ski resort with two other people. My partners were social acquaintances whose company I enjoyed very much in that type of setting. However, throw money, emotions, power, and economic risk in the mix, and things quickly got tense. The first indication that the business partnership might not be a good one was in the very beginning. We were sitting in a quaint Vermont restaurant and one of the partners threw a temper tantrum about making an offer on a property we were considering. What was a very logical and arithmetic decision for me, was a very emotional one for this person. After the outburst, I had a bad feeling about the interpersonal dynamics of the partnership. I decided to go ahead anyway because the economic prospects were outstanding. Sure enough, in less than a year we were not on speaking terms. Luckily, before we got started, I insisted on an iron-clad partnership agreement that had a mechanism in it for me to get out. I ended up making money on the investment, but not enough to pay for a year’s worth of arguments, stress and distraction from my law practice. I didn’t trust my gut and it cost me in the long-run. A business partnership is truly a marriage. As all marriages go, when things are good, they’re great, and when they’re not, look out! If you get a bad feeling about your future partner, trust you instincts, they are usually correct. Copyright 2006 Stephen Furnari
HTTP = HTML link (for blogs, profiles,phorums):
Related Articles:Organizational CPR Increases Cash Generation, Productivity and Retention Use Recession To Grow Your Company
|