How to protect my self legally while coming in a partnership?
14-Sep-2023 (In Corporate Law)
HI, I explained a business idea to my MD he is interested in investing and I am expecting partnership without any investment and he is ready for that, so how to protect my self legally as partner and what are the steps I should take care off and what points are important in the agreement.
At first, you need to understand that if it is a technology based idea and you would need venture capital or seed funding going forward then you should incorporate a company and not partnership. If not, then you can very well g for partnership.
Now to answer your question. To safeguard yourself you should enter into a properly drafted partnership agreement to cover the roles & responsibility, accounting, share of capital (as in %). Make sure you keep the percentage sharing as 51%-49% as 50:50 creates a lot hassles in times of dispute regarding a decision. There are several other things which you need to take care and should be properly drafted like restrictions of roles, amount to be spent, joint account, litigation, liability etc. Get it drafted from a lawyer otherwise you would never be able to safeguard yourself in the best possible manner.
You can get an MOU signed immediately and then later you can go for Partnership Deed.
Also, in case you disclose your idea to anyone else, it is always advisable to sign a Non Disclosure Agreement with them so that they can neither use your idea nor disclose it to anyone else.
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