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Event
Detail
businesspartners-recap
Shared Leadership: Working
with Business Partners
Program Recap
Tuesday, June 15, 2004
Sponsored by Posternak Blankstein & Lund LLP and Sovereign Bank
Executive
Summary
There are many different types
of partnerships and business alliances. Depending on whom you choose for
a partner and how the partnership is structured, the relationship could
be positive or negative. It's important to recognize the differences between
the types of partnership relationships, what each type offers and determine
which best meets your needs and the needs of your business. Additionally,
plan ahead for unexpected circumstances when establishing a partnership.
Overall
Themes
- Partnerships offer many benefits, including an opportunity to draw
upon different strengths and interests and the ability to grow your
business faster. Many of the problems that occur in partnerships stem
from a lack of clarity regarding the roles, infrequent or ineffectual
communications, or an inability to anticipate or plan for changing work
circumstances.
- Strong working partnerships have the following elements in common:
shared business goals, delineation of roles, open and regular communications,
and a respect for each other's area of expertise.
- Decision-making is an important area to determine in advance, particularly
in a partnership of two. How will you handle decisions that are deadlocked?
Aim for decisions based on consensus to build solid partner relations.
- Plan for an unanticipated change in circumstances and develop an exit
strategy. What will happen when an illness or family crisis pulls one
of you away from the business for an extended period of time? What will
happen if one of you is unable to work and chooses to sell out her share?
If issues such as these have not been determined in advance, they can
cause strife.
- Before you bring on a partner, determine what you need – is it an
equity partner, an advisor, a successor, an employee, etc.? Consider
carefully before you share ownership of your company.
- Turn to outside consultants to help mediate sticky aspects of your
partnership relationship.
- Consider bringing in more senior-level people earlier into the business
to promote growth.
Panelist Summary
The panel was moderated by Martha
Sloan Felch, Senior Vice President, Business Banking for Sovereign Bank.
- Sandra LeDuc, is the Managing Partner of LeDuc and Sikowitz, which
handles accounting, management consulting, tax planning and business
valuation. Sandra views a partnership in part as a vehicle for sharing
administrative duties. She describes herself as a serial partner who
prefers partnerships to sole proprietorships. She shares partnership
of the firm with one other person, an equity partner, and they have
a third income partner, who does not have equity in the firm. (Note:
Lauren Jennings defines this relationship as an employee who has profit
sharing). Sandra noted that she always wants to be in charge, but enjoys
sharing administrative responsibilities with someone else, as well as
the risks and decision-making. Her business is structured as an association
of professionals who have autonomous clients. She would prefer, however,
that there would be less autonomy and more unified work. While the “income
partner” can weigh in on decisions, Sandra and her partner have all
the decision-making power. When the two of them are deadlocked in a
decision, the partner with the most billing typically makes the decision.
- Rose Saia was a founder and partner of Trilogy, an outsource software
development partner for major network and security vendors and an OEM
provider. Rose's partnership worked well for her because there was good
synergy between technical and non-technical areas of the business. She
found the partnership not only personally gratifying but also very successful
from a business perspective. Rose outlined what makes a partnership
work: partners acknowledge the expertise that each brings to the business,
respect the boundaries of each partner's area of responsibility, share
the same business goals, and participate in honest and regular communications.
Rose suggests businesses write their business goals down, as well as
the ways these goals will be measured, so the company can work towards
its plan. The partners need to be vigilant and accountable to these
goals. Typical partnership problems include a reluctance to approach
business problems, the impact of personal problems in the business (e.g.,
extended illness).
-
Lauren Jennings is Managing
Partner of Posternak Blankstein & Lund and a member of the Corporate
Practice Group. She discussed the reasons people are interested in
partnering and the different types of partner relationships:
- For money. You need an equity partner;
-
To share ownership.
Someone may have worked her way up in the business and you want
her to share in running the business.
-
To have an advisor
who provides sage advice
-
To incent an outstanding
employee. You are incenting this employee by allowing her to
eventually benefit from the sale value of the business. However,
you could make this person a shareholder instead of making her
an owner
-
To establish a business
relationship. These business partners or strategic partners
are in a complementary business and share some of your goals
in moving the business forward but they do not join your business.
-
To have a successor.
If your business model doesn't lend itself to selling the company,
you may want to plan for a successor. This is also useful in
case of a disability.
The actual definition of
a partner is someone who shares fiduciary responsibility and shares
liability. A partnership has unique tax requirements.
-
Maggie Campbell Jackson
is Principal at Howard/Stein-Hudson and Associates, a transportation
consulting firm. Maggie made the transition from director to partner.
She said that the company benefited from having a strategic plan in
place and noted that not all businesses have that in place. The problem
her business faced was how to develop leadership for the next level
– the partnership level.
Q&As
and Comments
-
Is a partnership of three
better than two? Rose believes that three is a good number for
a partnership because it avoids a deadlock; however, she emphasized
that a company's goal should be to achieve consensus on all decisions.
She said that companies need to establish a structure to handle a
potential impasse in the decision-making process.
-
What was an example of
coming to a consensus in the decision-making within your partnership?
One issue was regarding an employee who was not working to his
potential and they had to decide how to handle that. Another issue
that Sandra related was when a partner in the firm had early onset
Parkinson's disease and was unable to continue working. At the time,
Sandra was an income partner (employee) with no power. However, she
pushed for him to exit because she felt it would be best for him to
exit with a pension. Looking back, she wishes she had hired a consultant
to help with that situation.
-
Lauren related another
problem she had seen in a partnership. One person who had built a
firm said he wanted someone to be his “partner.” However he had a
different view of what a partner meant. He was really looking for
an employee. She suggests in situations in which new partners are
coming on board, that companies bring on consultants to help the new
shareholders figure out their roles as well as help owners realize
how they can share power and responsibilities.
-
How can you attract outside
leadership and how can you grow internal people? If you recognize
a talent with someone inside the firm, have a discussion with them
about their aspirations. Don't change their functional responsibilities
yet, but instead provide an opportunity for them to take more initiative
and be accountable for it. Coach them and provide feedback. You can
also provide external training through seminars, etc. Good to
Great is a book that was highly recommended on leadership development.
Additionally, the best way to have internal talent that can be developed
is to start with the hiring process. Hire smart people who are agile
thinkers. Look for people who can think outside of the box and can
step outside their comfort zones when needed. Also look for people
whose experience demonstrates a pattern of natural leadership. Finally,
you need to have clarity. You need to articulate your plan and find
people who buy into it.
Sandra mentioned that one way to find outside leadership is by merging
with another firm. Make sure that they have strong leadership in place.
-
What do you recommend
when joining an existing partnership? First you have to make
the decision as to establish your own partnership or join an already
existing one. If you join an existing partnership, you can help it
grow in new ways. Build upon the parts of the business that are already
working well. You can expand into different markets – e.g., geographic
or age range. Be sensitive regarding what has already been created.
Try to understand how the relationships work and who does what. If
you offer to take things off the original partners' plates, they may
be more amenable to giving away aspects of their job that they don't
like.
Several people mentioned that if they could do things over again they
would bring in more people earlier into their business. If they hired
senior-level people in the early stages, they would have grown faster
and perhaps, bigger. It was noted that consulting firms, which have
cash flow limitations, often don't want to invest in higher-level
employees early on, but they would be better off if they did. In addition
to bringing on senior talent, bring on partners or business partners
in the early stages to grow your business.
-
How can you get out of
a business partnership that is not working? This can be a costly
and painful proposition. There are many personal circumstances that
can change the nature of your business – illness, divorce, personal
bankruptcy. To avoid disagreements and problems, at the very outset
of your partnership relationship be very clear about your relationship
and develop an agreement that prepares for change. You need to have
an exit strategy from the beginning. Hire outside consultants to help
you with this. Prepare a buy-sell agreement, and make sure it is funded
so it can be implemented if needed. Also, make sure you really want
a partnership, and not a glorified employee, before you enter into
a partnership arrangement. Don't offer a partnership lightly because
it brings other issues along with it.
-
How do you deal with
a partner that has short-term needs that stop her from contributing
the same amount of time to the business as other partners? One
panelist suggested that if a business partner contributes more than
another, she should be compensated for it. Perhaps you could use billable
hours to determine compensation. It was also noted that it's the responsibility
of the partner whose short-term needs are impacting the business to
find an appropriate solution. You may need to bring in someone for
the short term to pick up the slack. If a partner wants to exit, she
should look for someone to be a replacement. If there are feelings
of guilt about not contributing as much as other partners, this should
be discussed.
-
What are the pros and
cons of business alliances vs. merely referring business to a colleague?
How do these alliances work? There are many ways you can establish
alliances. One way is to loosely refer business back and forth. A
more formal approach is to provide some fee sharing for referring
business. It was recommended that if people do this, they should disclose
this information to their clients. If you partner together at a higher
level you need to determine how you will handle the branding of both
businesses and whether you will link them. At an even higher level,
you can develop exclusive relationships, and at the highest level
you can merge with the other business. One panelist cautioned that
you must be careful about the quality of the other business if you
engage in a relationship beyond an informal referral. Your business
becomes linked to the other person's business and their work becomes
a reflection on your own.
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