Creating a company, writing articles of association and registering them is now relatively easy. A few clicks on a contract generator. However, creating a partnership that works over the long term requires real know-how.
Let's take an example, three friends decide to join forces to create an Internet sales company. Together they need 100,000 euros to finance their project.
One of the three future partners - A - has benefited from a contractual break, which he intends to invest in the project; in addition, unemployed, he will be able to devote all his time to it. His personal contribution is 30,000 euros. He had the original idea for the project and is very active.
He finds two partners B and C.
B already has several companies, very enthusiastic and full of advice, he can contribute 10,000 euros. He promises to invest in the project as long as his other companies allow him to.
A final partner is a well-established and financially well-off professional. He is enthusiastic about the project and is ready to contribute the missing 60,000 euros.
Our partners come to the conclusion that they agree to associate themselves with a distribution of capital equal to the contributions, i.e. 30% for the first partner, 10% for the second and 60% for the last.
Our first partner will be the president of the company and will be in charge of everything. Everyone agrees.
The atmosphere is quite good.
In practice, this scenario is frequent. It has difficulties.
First, because capital ownership shares are unequal insofar as they do not take into account work. A takes the most risks (he puts money and devotes his time to it), is the project leader and contributes his ideas and his work (often without paying a salary or contributing to retirement). When the company is resold, this investment will not be valued.
B contributes virtually nothing (no work, very little capital), he takes advantage of the opportunity and has a relatively large stake. C only contributes capital and is overpaid in relation to its labour contribution.
Solutions are possible to rebalance relationships.
The biggest challenge is to allow associates to become aware of these elements and to put them on the table to discuss them.
Behind every creation of a company, there is a partnership, that is to say men and women who take a risk together and invest capital and work to share the benefits. But distributing the benefits fairly is difficult, as each party has different expectations. A just wants his project to start and is ready for all concessions; B wants to take advantage of the situation with minimal investment. C brings funds, but does not intend to participate in the business (even if perhaps he claims to) except as manager of his investment, whereas with this distribution of capital, he will be the majority shareholder, with the most power in society.
What solutions - Finding a balance involves establishing a discussion between the parties to create a complete agreement between the parties on their vision of the partnership and their respective expectations.
Collaborative law and coaching techniques make it possible to prepare a social project beyond legal technical rules to ensure the establishment of a balanced partnership.
It's about writing the project from the point of view of human expectations. Such an investment of time at the origin of the project makes it possible to demine the risks of disagreements and differences of interests, which can become obstacles to the development of a start-up.
The Partnership Charter (Partenership Charter) - The partnership charter is a written document (the process in a simple project can be simply oral) that consists in clarifying with a third party (for example a lawyer trained in these techniques) the human issues and the wishes of each person.
If you are interested in implementing such a charter to launch one of your projects on the right foot, do not hesitate to contact us.
