Article Updated: 12th January 2025
When starting a business, you have two key options: to go it alone or to enter a partnership. An extremely popular business structure, a partnership gives you the simplicity and flexibility of operating your business as individuals, rather than as a company. This eliminates reams of frustrating paperwork and reporting obligations. That said, there are benefits and disadvantages to this structure, as this blog outlines.
What exactly is a business partnership?
A business partnership is enacted when two or more parties engage in a business venture. The principal goal of a business partnership is to jointly run the venture with the ambition of making a profit. Partnerships can be formed by individuals or entities (i.e. corporations). A partnership is perhaps the simplest business structure to set up and dissolve.
Business Partner – Pros
- More access to capital – One of the clearest advantages of a business partnership is the splitting of financial responsibility. Launching a business is an incredibly expensive venture. So, when you share that responsibility with someone of equal passion, you are more likely to get the venture off the ground. A greater access to capital has other advantages, too. Firstly, entering a partnership with one or more people (depending on the partnership type) affords you increased cash flow and financial security. And, secondly, funding your venture is far less stressful.
- Equal division of labour – Running a business can be one of the most stressful activities you’ll undertake. Along with selling your product or service, creating and maintaining a website, developing a marketing campaign and more, there are countless day-to-day tasks. With a business partner, you have someone to share the daily administrative tasks with. In addition, your partner can help you make major company decisions. By dividing up these duties, you will notice a dramatic increase in efficiency and productivity. This way, you will be able to accomplish much more than you would as a sole trader. And, most importantly, there’s always someone to help if you run into problems.
- Greater knowledge and expertise – Everyone has a unique set of talents and experience to bring to their business. In a partnership, you have the advantage of accessing a wider pool of knowledge and expertise. It’s extremely beneficial to have a partner who excels in areas in which you are not as skilled. For example, your gifts may lie in developing the business and marketing plans, product ideas and the like. Whilst your partner may have expert knowledge of the product or service you are selling. In addition, if this is your first business experience, you will benefit from a seasoned business owner.
Business Partner – Cons
- Informal agreement – One of the key reasons business partnerships are so attractive is they allow for greater flexibility. However, this has the potential to create problems, as well. In creating a partnership (especially between friends), many people find it easier to just make a verbal agreement. After all, setting up a percentage of ownership, outlining each partner’s responsibilities and outlining individual liability can be difficult. A written agreement defines each of these factors clearly, so each partner knows precisely what their responsibilities are and the consequences of not fulfilling them.
- Lower profit percentage – There is a flip side to having additional funding for your venture. A partnership also means you have to give up a certain percentage of business profits. Under this arrangement, profit is divided based on your share of ownership. As such, you must settle for only receiving a part of the total income your company generates.
- Potential conflict – Working with another person can be quite stressful. Unlike a sole tradership, you have to collaborate on all decisions in relation to the company’s future growth. As such, you will have occasional differences. If your work ethic differs from your partner’s, or cannot agree on a decision, your business can suffer. This is especially common when partnering with family members or close friends. To prevent this from happening to you, it’s important to resolve all conflicts in a fair fashion. Talk the problems over and brainstorm solutions. This way, all voices are heard.
Essential contract provisions
To ensure a business partnership is successful, it is strongly suggested to have a written agreement in pace, no matter the relationship with the person you are entering the agreement with. The agreement must address the following provisions:
Contributions – The contract must detail each partner’s stakes in both the forming and ongoing operation of the business. It states how much capital each partner should contribute, and each person’s responsibilities for future business success (i.e. money, time, effort, equipment, etc.)
Distribution – Outline precisely how each partner will split profits. Specifically, how much each person is paid and who is paid first. Also, how each partner is paid a salary (and how much they receive).
Ownership – The contract should detail various scenarios and how they would impact ownership. This may be in the event of retirement, bankruptcy or death. Also, specific provisions should be included to incentivise a partner from leaving, starting a new business, or stealing your client list.
Decision making – As mentioned previously, you and your partner are sure to disagree occasionally. So, define how the daily management and long-term decisions are made. Pinpoint which decisions need a unanimous vote and which business decisions can be made by individual partners. And where possible, define an independent person who can act as a mediator.
Consequences if one party doesn’t meet their obligations
If your business partner(s) fail to fulfil their agreed-upon duties, there are several legal remedies at your disposal.
Expulsion – Unless your partnership agreement specifically addresses expulsion, the business must be dissolved. However, if the agreement covers expulsion, you may continue the partnership with a new member. Expulsion can only be performed in a serious breach of the agreement.
Liability for breach – Whether or not you expel your business partner, you can sue them for contract breaches. However, if the partner simply leaves, this is not considered a breach. However, this is a breach if your contract stipulates a set partnership duration.
Liquidated damages – Some agreements feature liquidated damages clauses. This is only enforced if deemed reasonable considering actual or anticipated damages.
FAQs About Business Partnerships
What is a business partnership?
A business partnership is a legal arrangement where two or more individuals share ownership of a business. This includes joint responsibilities for decision-making, profits, liabilities, and daily operations. Partnerships can involve friends, family, or professional colleagues.
What are the advantages of having a work partner?
Some of the main partner pros include:
- Sharing the workload and responsibilities.
- Leveraging complementary skills and expertise.
- Gaining access to a broader network of contacts and resources.
- Collaborating on decisions to avoid one-sided thinking.
What are the potential disadvantages of a business partnership?
While a business partnership has many benefits, some challenges include:
- Conflicts over vision, goals, or decision-making.
- Unequal contributions of time, money, or effort.
- Shared liability for debts or legal issues.
- Slower decision-making due to the need for consensus.
Should I go into business with a friend or family member?
Starting a partnership business with someone you already have a personal relationship with can be rewarding but risky. It’s essential to:
- Create a formal agreement to set clear roles, responsibilities, and profit-sharing terms.
- Plan for potential conflicts, especially during crises or periods of success.
- Establish boundaries to protect your personal relationship.
Do I need a partnership agreement?
Yes, a partnership agreement is crucial in any business partnership, even with close friends or family. It provides clarity on:
- Ownership percentages and profit distribution.
- Roles, responsibilities, and decision-making authority.
- Dispute resolution processes.
- Exit strategies if one partner wants to leave the business.
What should I consider before entering a business partnership?
Before partnering with someone, evaluate:
- Your compatibility in terms of work ethics, goals, and values.
- Their financial stability and willingness to takeon risk.
- How you’ll handle disagreements and make decisions.
- Whether the partner’s skills and resources complement your own.
What happens if my partner and I disagree?
Conflicts are common in a partnership business. To resolve disagreements:
- Refer to the partnership agreement, which should outline dispute resolution methods.
- Use open and honest communication to find common ground.
- Seek mediation or professional help if the conflict cannot be resolved internally.
What legal structures are available for partnerships?
The most common types of partnership business structures include:
- General Partnership: Partners share equal liability and authority.
- Limited Partnership: Some partners have limited liability and minimal involvement in management.
- Incorporated Partnership: Personal assets are protected, and the business operates as a separate legal entity.
Consult a legal or financial professional to choose the structure that best fits your needs.
How do I handle profit sharing in a business partnership?
Profit sharing should be clearly defined in your partnership agreement. Consider:
- Splitting profits based on the percentage of ownership.
- Factoring in workload, responsibilities, and financial contributions.
- Regularly reviewing the arrangement to ensure fairness as the business grows.
What if I want to end the partnership?
Your partnership agreement should include an exit strategy. This may involve:
- Allowing one partner to buy out the other’s share.
- Selling the business and dividing the proceeds.
- Dissolving the business if both partners agree to part ways.
How can I protect my personal relationship if the business fails?
To safeguard your personal relationship:
- Set clear boundaries between personal and professional roles.
- Establish a written agreement to prevent misunderstandings.
- Regularly communicate and address issues before they escalate.
- Agree upfront on how you’ll handle worst-case scenarios, such as business failure or a partner leaving.
Are there alternatives to a business partnership?
If a business partnership isn’t the right fit, consider other options:
- Hiring employees or freelancers to handle specific tasks.
- Taking on investors who don’t require an active role in the business.
- Running the business solo and outsourcing specialised services when needed.