partnership conundrum

J

JuicyLime

Guest
I'm in a bit of situation where I don't quite know what to do and could do with a little feedback.

I've been working in a niche field over the last few years as a freelancer with demand for my work starting to draw offers to work internationally. As an ambitious person I started investigating setting up my own company to supply the said products/services rather than just running them for others as a freelancer.
With only one supplier in the Irish market (who has alienated many clients), there seemed to be real scope for carving out a healthy slice of the market.

I approached a potential client and have been offered about €150,000 of business for 2005 from them alone.
I then approached a UK company about hiring their product, running it in Ireland and would be looking at about €60,000 profit from that one client alone.
The UK company suggested going into partnership with me. This seemed like a good idea and I planned on keeping a controlling interest in the company.
Instead, 2 months in, they've told me that the most I can have is 1/3, they'll finance the set up (max €35,000 over 6 month trial period incl. my salary) and that the new Irish company will finance it's own product as soon as I meet the required client base to justify the relevant financing.
I'm starting to feel that all they've actually done is take the risk for 6 months set up which is looking like no risk as things are starting to really take shape.

I reluctantly agreed with their terms but haven't signed anything yet as they seem to be really, really holding off on the finalities of our partnership agreement.
I'm very much a man of my word but don't want to stubbornly commit to something long term that isn't in my best interests.
I'm wondering if I should try to re-negotiate at this stage.
Any thoughts?
 
conundrum

whats the chances of finding another supplier from the uk or elsewhere?
 
Re: conundrum

Whatever you do.... do not sign the contract if you are not happy.....do not be bullied....this is your business and your future, so you must be happy with the terms.

Without all the details or even knowing the line of business, I don't really understand how you have gotten into this position. You will find another supplier....

PM me if you wish to share some further details, I'd be happy to help you out.

Cheers,

Digi
 
Re: conundrum

It's not that unusual for large companies to take a long time to sign/agree such agreements, so I wouldn't read any significance into these delays. Do you have anything in writing regarding the initial agreement (with you to keep the majority interest)?
 
Re: conundrum

TAFFY: I'm actually happy enough with the supplier. They're newish in this niche of the market but have more than doubled projected first year earnings well beyond UK£1 million. They have 100% faith in me and our relationship is a respectful and natural one.
It's the deal that's the issue.
One Irish solicitor reckoned they were getting an awful lot considering I was creating the client base, it was my idea and that I'm uniquely positioned for the job. Another solicitor reckoned that I was doing well getting a salary, 33% of the business and had no risk.

I think that what i might need to do is quite simply tell them straight out that I want to work with them but that I'm not happy with committing long term to only a 1/3 of what I regard as MY business.
Maybe it's time to get a little tough.
 
Re: conundrum

How dependent are you on this supplier? They seem to be acting almost like a franchiser would. I don't like the sound of their deal either, but it's hard to know for sure without any real details of your product/service.
 
Re: conundrum

As you stated you are going to build the client portfolio

This is probably the areas that you are both most at risk but also the one area that you can have most control over

IMHO, this is also probably the most valuable part of the business if the partnership was to fail

Whatever the agreement is, you should try and negotiate on that basis as well as the obvoius one on control and income
(I am sure others will disagree with I stated above)

You should also get in contact with solicitor who specialises in intelectual property as there is a possibility that the client list (created by you and not the new company) could be protected in case of problems down the line

Stu
 
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