Last updated on Nov 9, 2023
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Consider your contributions
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Negotiate your expectations
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Choose your method
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Document your agreement
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Review your arrangement
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Benefit from your partnership
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Here’s what else to consider
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One of the most important decisions you have to make when forming a partnership is how to split the profits among the partners. This can affect your motivation, tax liability, and relationship with your co-founders. Here are some tips to help you determine the appropriate profit-sharing arrangement for your partnership.
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- Chen Shanlong Talks about #blockchain #DeFi and #tradefinance. ex-Citi.
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- Andrew Cawkwell Head of Business Development @ MANOLETE PARTNERS Plc | Litigation Funding Solicitor
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1 Consider your contributions
The first step is to assess what each partner brings to the table in terms of capital, skills, time, and risk. You can use a simple formula to assign a value to each contribution, such as a percentage of the initial investment, an hourly rate for the work done, or a premium for the risk taken. Alternatively, you can use a more complex method, such as a point system, to weigh different factors and rank the partners accordingly.
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- Andrew Cawkwell Head of Business Development @ MANOLETE PARTNERS Plc | Litigation Funding Solicitor
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Assess Contribution Levels: contribution in terms of capital, clients, and expertise. 🏦💼🧠Understand Legal Framework: 📜⚖️Market Benchmarking: Recheck profit-sharing ratios in similar firms. 🔍💹Performance Metrics: Set clear performance indicators l 📊🎯Flexibility: Create a dynamic structure that can evolve 🔄🌱Transparency: Ensure all partners understand. 🗣️✅Tax Considerations: Consult with a tax advisor.🧾💰Draft Agreement: Have a formal, written agreement 📃🖋️Regular Review: ensure fairness and address changes in the partnership. 📅🔍The key is to align the profit-sharing arrangement with the strategic goals of the partnership while ensuring fairness and transparency.
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See AlsoResidual Value: What is it and How to Calculate itDISTRIBUTION OF PROFITS AND LOSSES - BK Law Group26 CFR § 1.482-6 - Profit split method.Residual Value Explained, With Calculation and ExamplesSupport
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- Chen Shanlong Talks about #blockchain #DeFi and #tradefinance. ex-Citi.
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Ensure there is a mutually agreed split in terms of contribution with milestones laid out clearly for all parties involved in the partnership. These should be both transparent and measurable, and not subject to individual interpretation.
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2 Negotiate your expectations
The second step is to communicate your expectations and preferences with your partners. You should discuss how much profit you expect to make, how often you want to distribute it, and how you want to handle losses or debts. You should also consider how you will deal with changes in the partnership, such as new partners, exits, or disputes. You should aim for a fair and transparent agreement that reflects your mutual goals and values.
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- Chen Shanlong Talks about #blockchain #DeFi and #tradefinance. ex-Citi.
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For a long standing partnership, a mutually beneficial relationship is required with all parties aligned towards the end goal.
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3 Choose your method
The third step is to choose a method for allocating the profits among the partners. There are three common methods: equal sharing, ratio sharing, and salary plus sharing. Equal sharing means that all partners receive the same amount of profit, regardless of their contributions. Ratio sharing means that each partner receives a percentage of the profit based on their contribution value. Salary plus sharing means that each partner receives a fixed salary plus a share of the remaining profit.
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- Chen Shanlong Talks about #blockchain #DeFi and #tradefinance. ex-Citi.
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Besides profit sharing, there should also be a clear plan if expenses are to be incurred and shared across some / all parties. Also, parties need to be aligned if the expenses need to be audited.
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4 Document your agreement
The fourth step is to document your profit-sharing arrangement in a written partnership agreement. This is a legal contract that defines the rights and responsibilities of each partner, as well as the terms and conditions of the partnership. It should include details such as the profit-sharing method, the frequency and timing of distributions, the procedures for resolving conflicts, and the provisions for modifying or terminating the agreement. You should consult a lawyer to ensure that your agreement complies with the relevant laws and regulations.
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- Chen Shanlong Talks about #blockchain #DeFi and #tradefinance. ex-Citi.
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Legally binding agreements are important to ensure all parties hold their respective ends of the bargain. This is also critical from a legal and compliance perspective as well as during times of internal and external audit. This should also be used to establish transparency and avoid / mitigate any conflicts of interest by the parties involved.
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5 Review your arrangement
The fifth step is to review your profit-sharing arrangement regularly and adjust it as needed. Your partnership may evolve over time, as your business grows, your contributions change, or your goals shift. You should monitor your financial performance, your partner satisfaction, and your market conditions, and make changes to your agreement if necessary. You should also communicate with your partners frequently and openly, and address any issues or concerns promptly.
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- Chen Shanlong Talks about #blockchain #DeFi and #tradefinance. ex-Citi.
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It is always important to have agreed timeframes (quarterly, half yearly, annually) to review partnerships to ensure all parties remain aligned and equally committed. This is also a good time to suggest revisions if needed or explore more extensive partnerships if things are going as planned.
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6 Benefit from your partnership
The sixth step is to benefit from your partnership and enjoy the rewards of your collaboration. A well-designed profit-sharing arrangement can motivate you and your partners to work hard, innovate, and achieve your vision. It can also reduce your tax burden, diversify your income sources, and increase your financial security. By following these tips, you can determine the appropriate profit-sharing arrangement for your partnership and create a successful and sustainable business.
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7 Here’s what else to consider
This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?
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