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MenuIf a new partner is going to buy into our business, should he give us the money as shareholders or should he invest the money into the business?
The new partner wants to buy into our business. Now since we're selling him company shares, we're not sure whether we need to receive the money to our personal account OR invest it into the business! Is there any general rule here?
Answers
Yes, it depends on what the goal is.
If the company needs the money to grow, for example, then the company would issue new shares and the money would go into the company. Your ownership would be diluted but you'd own a smaller piece of a more valuable company.
You also need to consider what the investor thinks is going on. Does he believe that he's 'buying in' to your company so you can 'cash out' in part. Or does he believe he's helping to fuel growth?
Watch this video I made on this topic a few months ago.. https://youtu.be/1EjKjSAd1F8
If you'd like to discuss your specific situation, just arrange a call.
Thanks
David C Barnett
Depends on type of business entity you're using.
If it's a sole proprietorship, you can do anything you like.
If it's any other form, receiving money personally will nullify your business. Read up on mingling personal + business money.
And as always, this is a question for you tax preparer.
To be safe, just receive the money as if someone made a payment for goods + services to your business... so... person would write the check, just as if they were buying from your business.
Related Questions
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How do you determine partner equity?
Hi, great question. You determine the value of the business before the partner joins, then you determine the value of what they bring. You then issue new shares to them. I made this video which may clear things up a bit for you. https://youtu.be/1EjKjSAd1F8 And this one about share dilution: https://youtu.be/FtogXYXCC1s If you want to discuss your specific circumstances, please feel free to request a call. David www.DavidCBarnett.comDC
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How to find a great partner?
By connecting with people, talking to them, building momentum, and investing enough time to explore goodness of fit. Don't be in haste to onboard one as you would encounter too many "Yes-Sir" and "Me-Too" kind of guys. But, in a long run it's pragmatic thinking and synchronization of vision that matters. Otherwise, either you or your partner will end up sitting back home,trying to establish everything around cocooned comfort of home than in right market. Use professional social platforms like Clarity etc to scout for right people. Otherwise, advises are always free!!SB
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How long should I wait to follow-up after a potential business partnership meeting?
I think the closest analogy would be - the same way you're flirting with a girl. Like, if you know she's really interested you call the next day. If she's not then you "play hard to get" and wait the standard 3 days. You have to look at their indicators of interest, whether there's a specific timeframe involved, etc. Either way - it helps to follow up as much as every 1-3 days - you want to get the conclusion to a simple yes or no as soon as possible. Hope that helps!JL
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What are my risks in entering a partnership with 50% voting shares, but only 25% equity overall? How can I protect my interests in this scenario?
The first matter for you to conclude is to agree the terms of a shareholder agreement between the two founders. This shareholders agreement should govern the management of all significant governance matters. Without this you will subject to the constitution documents of the company and local company company law. This is a standard type of agreement that any decent corporate lawyer will be able to advise you on. As the voting shares are held equally, then no major changes will be able to be made without both founders agreeing to the changes. The non-voting shares (assuming all other terms are the same) will have equal rights to financial returns (dividends and liquidation rights), but will not be able to participate in voting issues. In simple terms, you will have an equal say in the running of the company with your co-founder, but will receive 25% of the returns, while they receive 75%.NH
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How do I deal with a partner/investor that hasn't delivered on his end of things and now wants his money back?
This sounds as a deja vu to me. I have been in a similar situation back in 2000, we could only solve the issue thanks to a good mediator. However every situation is different and hence your route to a solution might be different. It also depends where you are in the world that defines how an email and/or verbal agreement might be a sufficient ground for legal actions. I am not a lawyer and can not judge that.PS
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