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Monthly archives for December, 2011

Ending a 50/50 partnership in two steps

Dec20
2011
Leave a Comment Written by pmengal

When two individuals want to start a company together, they often decide to split the shares into two equal parts. That scheme guarantees both shareholders equal rights in the company. But if the two individuals no longer share the same vision despite the application of best practices for that scheme, decisions can be blocked, at the expense of the company. I’m not going to give you more advice on how to make the 50/50 scheme work, but instead propose a solution to prevent you from having a really difficult separation in cases where there is no other solution.

Many resources on entrepreneurship will recommend that you avoid 50/50 splits and ensure that one of the two partners is the leader with at least 50% + 1 share. Sure it will solve the problem and it’s certainly what I would recommend myself, but for some people, it’s just not right. Lots of entrepreneurs are really serious about it and will consider inequality as something wrong that would damage their association right from the start. It has to be 50/50 or nothing.

Successful 50/50 partnerships are a truly amazing experience. Choosing the right partner is certainly the key to avoid painful separations, but even with lot of practice at selecting the right people to work with you, you will make mistakes. The worst case scenario must be discussed upfront and one of the ways to avoid difficult negotiations is to set the exit method by written contract. Both partners know exactly what will happen and accept it from the beginning.

The terms of the separation can be anything both parties agree to, but should always include mediation.  Entrepreneurs tend to be impulsive and having some time to think is a good thing. Most conflicts can be solved by increasing communication and awareness. That’s why mediation must be tried first.

A partnership separation becomes complicated when both partners want to keep the company. This is typical in a conflict about strategy. Here is a two step method that solves that problem very easily and can be used even in partnerships involving multiple partners but having only two in conflict:

Let’s say you have partner A and partner B. Collaboration between the two is not possible anymore without affecting the company negatively.

  1. Partner A makes an offer to Partner B to buy his shares.
  2. Partner B has two (2) weeks to either:
    • accept the offer and sell his shares to Partner A. (or)
    • buy the shares of Partner A for the exact same price as his proposal.

The big advantage of this method is that it forces both partners to propose a fair amount the first time since there is no room for negotiation or counter proposal. In case both parties want to make the offer or don’t want to make it, try tossing a coin to see who goes first.  Another advantage of this method is that it places a clear time limit on the situation.

The 50/50 split, when it has a strong significance for both partners, is the way to go, but every entrepreneur should be aware of the potential problems that can arise and plan accordingly.

Posted in entrepreneurship, essay, partnering, relationships
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Choosing the right partner

Dec08
2011
2 Comments Written by pmengal

Over the past 12 years, I have partnered with 15 different people including friends, family, my own wife and even perfect strangers. Getting into a partnership is easy, but when it doesn’t work out, the separation is very often really painful for everybody involved.  In too many cases, the collaboration that started with enthusiasm ends up in a very long ego battle. When this happens with close friends or family, it’s leaves irreparable moral injuries.

Hope, enthusiasm, naivety or cupidity are some of the reasons why you forget to consider the worse case scenario while focusing exclusively on the best. This post is the first of a series on partnering from a personal point of view.

Competences

This is a mandatory criteria. Incompetent partners will drag you down, they will suck all your energy and will obviously make your work time a mental torture. In business, it’s obvious that competence should be your primary criteria in selecting a partner just like it is when selecting suppliers and employees. It’s very hard to identify incompetent partners early. It may take up to 6 months to discover that someone wasn’t who you expected, but sometimes you can avoid that step by being very cautious upfront.

  • Experience in your field: while a combination of complementary skills is certainly what you should look for, be sure to hire someone with valuable experience in your field. If you are building software, partner with software specialists. There is nothing more frustrating than working with someone that doesn’t (want to) understand what you do.
  • Reference checking: check them before you start, not after when it’s too late. Take their resume and start to call at least the 3 last references. Verify every piece of information you get. People that have worked with them will tell you how they were great. Sometimes not. Take this as a hint. Most professionals will prefer to provide you with zero feedback rather than bad feedback.
  • Test before engagement: much like dating in a relationship. You don’t get married after the few first meetings. Start with a small project and be sure to define objectives and compare them with the results. Don’t engage yourself until you have no remaining doubts.
  • Valence effect: also known as the positive outcome bias, is the tendency we all have to overestimate the probability of a favorable outcome in a given situation. Be careful to watch every signal during your discussions: positive and negative. Be sure to analyze them with critical thinking.

Compatibility

Competence is not enough. You must pick someone likable, who will make your work time pleasant. Creating a company is stressful sometimes and you don’t want to add unnecessary annoyance.

  • Similar work style: too much difference in work style may introduce resentment later. Especially if the partner is unable to accept that people are all different and don’t necessarily share the same values.
  • Personality compatibility: some people just don’t match. The more you know yourself, the easier it is to determine what type of person you are likely to fit well with. If you are not there yet, try to compare the partner to someone you know already. Visualize a partnership with that person. Will it work in the long term?
  • Emotionally intelligent: someone unable to control his emotions will likely cause trouble in the relationship. People with low emotional intelligence will tend to be generally aggressive, criticize individuals instead of ideas or actions, and are, most of the time,  self centered.

Motivation

The right motivation is essential. If you seek an objective for the wrong reason, it may affect the quality of your outcome negatively.

  • Necessity: do you really need a partner? Are you just looking for someone to do the things you don’t want to do? Are you partnering with someone only because you need his money to survive? Both of you should seek a partnership for the right reason: to empower your company. If it’s just for money, consider an investor instead or a loan.
  • Shared vision: one of the most common reason for conflict between partners is a difference of opinion on company strategy & vision. A boat can only go in one direction at a time. That point should be one of the first topics of discussion.
  • Entrepreneurship: be sure to evaluate his entrepreneurial ability. Being very competent as an employee or consultant is not a guarantee that he will perform well in a start-up environment. Starting a company requires a specific mindset. A real entrepreneur is motivated by the process of building the business (intrinsic motivation). Entrepreneurs only motivated by money or status (extrinsic motivation) are less likely to get through the first difficulties.

Competence, compatibility and motivation are the three main components of my partner selection checklist. Competence is obviously mandatory and should never be negotiable. Compatibility should also be taken seriously as conflicts are a serious factor in business failures. Finally, motivation is what will keep you climbing till you reach the top of the mountain. Be sure to make sure that you are roped up to the right people.

Posted in entrepreneurship, essay, partnering, relationships
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