Partners or collaborators?

You have decided, with other professionals from the same sector, to start a business together, for which you plan to rent a premises and share expenses. However, although this may seem like a mere collaboration at first glance, if the relationship deteriorates and you decide to separate, conflicts may arise.

In these situations, there is a risk that one of your collaborators may argue that there was not actually a collaboration, but rather a partnership, and consequently claim a share of the profits.

Therefore, to avoid this type of conflicts, when starting a business with others, make the conditions that will govern the relationship clear from the beginning:

• If you truly want to start a business together to share the profits you make, establish a commercial partnership (for example, an SL) and distribute the shares in the percentage agreed upon. You can also choose to establish a civil partnership in which the partners must make contributions that are part of a common fund and the profits are distributed among them. In this case, and although the law does not require it, document in writing this partnership and how the profit distribution will be.
• However, if the business idea is yours and you only want to have the collaboration of certain professionals, avoid meeting the requirements mentioned earlier to avoid being considered a civil partnership. For example, an interesting approach is to sign a service provision contract with your collaborators in which it is agreed that their remuneration (in whole or in part) will depend on the business's performance.

 

Our professionals will advise and assist you in all legal matters related to the business you want to start with third parties.