Partner agreement is the instrument with which the organisation rules of a company can be established in the economic and decision-making fields, with the goal of protecting the firm from situations of conflicts and crisis.

The following means are followed by the elaboration and signing of a partner agreement: a) to confirm that each of the partners understands the obligations that they have when starting a new business, and b) establishing operating rules that will prevent many problems in the future, or, if not, will regulate the way of solving the possible conflicts that may arise.

A partners agreement can help prevent or solve the possible debates and differences of opinion that can come up between the partners due to the fact that the modus operandi for a large portion of cases is pre-established, like:

• Deadlock situations originated by a conflict of partners.
• Sale of assets without consent from the partners.
• Recruitment of parties related to the administrators without consent from the partners.
• Information to the partners.
• Contribution of the necessary funds for the continuity of the company.
• Sharing of dividends.
• Dissolution of marriages of partners, to avoid former spouses being partners of the company.
• Death and incapacitation to avoid the property being passed on to third parties unrelated to the company.
• Diversion of the client portfolio to other companies by administrations.
• Transmission of social property shares to competitors.

From a family business viewpoint, we recommend establishing and regulating matters like succession of family businesses, economic matrimonial regimes, transmission of shares, entry into the family business by the next generations, and the direction strategy that the company will follow in the future, with the elaboration of a family protocol.

Alcázar Abogados y Consultores has its own team formed by professionals with experience in negotiating and elaborating family protocols and partner agreements that will help protect the business and your interests as a partner, guaranteeing in family businesses a successful generational transfer.