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How do we split profits? He`s got the money, I`ve got the sweat...

 
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Doug143

posts: 12

Feb 18, 2009 3:38 PM ET    Quote  Report Abuse
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I am trying to set up a business with this gentleman, he has access to the money - he`ll be getting a loan - and I have the time, and labor to run the business.  How do we set up the contract?  He will be on the loan, so I am assuming we will have to make a side contract.  This is a franchise and we are both agreed it`s pretty low risk, is there any standard on how to split the proceeds in this situation?  Kind of out of my element on this, any experience or even sound thought would be appreciated.  Thanks,

Doug

MattThomas

posts: 203

Feb 18, 2009 4:26 PM ET    Quote  Report Abuse
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I don`t think that there is any standard, as it varies from business to business. It also depends on how labor intensive managing the business is going to be and possibly the skill you are bringing to the table.

If you are providing all of the labor, where the other potential owner is bringing none, and you will be providing a substantial amount of time (eg: not part time), 50% is probably reasonable for each of you.

But I have to ask, what prevents you from signing on the loan as well? Is the other owner paying off the debt himself/herself or is he/she just bringing their good "credit" to the table?

Maybe you should consider becoming a signer on the loan and paying some of the debt yourself in exchange for more % ownership. Just a thought.



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wtgg

posts: 257

Feb 18, 2009 4:58 PM ET    Quote  Report Abuse
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I have been in relationships where I had the money and the other guy did the work. and I know of a few others, all ended badly. the guy with the money is the guy, loan or not.
if you can`t get on the loan and business paperwork, you are basically a powerful employee, which can be let go at anytime.
I also know of a few where the "worker" was named as a "principle" in the business with a vested interest, with a legal and binding contract. even those arrangements ended poorly, 1 the business folded the "principle" got nothing for the effort (except life experience) plus had the stigma of a failed business. another was just fired by the board he got a big pile of cash but was left out in the cold, and the third also got some cash when the business was sold and the new owner didn`t want him.

another case where it might have worked out the principle got divorced and was asked to leave so not to get the business involved.

I am not saying it won`t work, I just don`t know of any personally.

Just a thought

davebarnes04

posts: 52

Feb 18, 2009 7:02 PM ET    Quote  Report Abuse
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Hi Doug,
 
How much of a loan or cash investment we talking bout here? Is he getting the cash himself or are you going to be on the paper as a second?
 
Depending on what your relationship with the guy is and what his intentions are, and how much he`s bringing to the table, there are a couple of ways to go about it.
 
First, you could go 50/50 on the company shares and you get a salary or hourly pay for your work.
Second, you could treat him as a Angel Capital Investor and give him 30% of the company over a fixed period of years and then his involvement would end. (planned exit strategy)
Third, you could go 60/40. You getting the 60%. That way if he turns out to be a flake down the road at least you have major ownership and can still call the shots.
 
This is by no means the only way to go. But it might be a good place to start your discussion with him. You have to look out for yourself, because I believe the sweat equity is the greater investment and you don`t want to agree to anything that doesn`t protect that. And you should assume that the relationship might go south, so either way, create a scenario where you don`t lose what you`ve worked for.
 
But before you accept any money, make sure you have an agreement, get it writing through your chosen corporate attorney and move forward. In my business, my "silent partners" have for the most part appreciated my work, and they also know that without me, there would be no business. So there`s some security in that.
 
Good luck,


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Dave Barnes
Spider Climbing, Inc.
(734) 994-0646
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