ARTICLE
12 January 2023

Committing To A Business Partnership

FM
Finance Malta

Contributor

Finance Malta is a non-profit public-private initiative set up to promote Malta as an international financial centre, both within, as well as outside Malta. It brings together, and harnesses, the resources of the industry and government, to ensure Malta maintains a modern and effective legal, regulatory, and fiscal framework in which the financial services sector can continue to grow and prosper. The Board of Governors, together with the founding associations: The Malta Funds Asset Servicing Association, the Malta Bankers Association, the Malta Insurance Association, the Association of Insurance Brokers, the Malta Insurance Managers Association, the Institute of Financial Services Practitioners; its members and staff are all committed to promote Malta as an innovative international.
As an entrepreneur, you take a risk by starting a business. Sometimes, this risk is shared through a business partnership.
Malta Corporate/Commercial Law

As an entrepreneur, you take a risk by starting a business. Sometimes, this risk is shared through a business partnership. Business partnerships are formed by an agreement between two or more individuals to carry out a business as co-owners. Partners share all the ups and downs that the business brings along; they combine their resources to form a business and agree to share risks, profits, and losses.

Deciding about a partnership should not be taken lightly. Firstly, ask yourself if you really need a business partner for your new venture, because generally, when you have the full control of your business you are more prone to succeed. That is why a business partner should be chosen wisely; look for common vision and aspirations, energy output, strengths and qualities that complement your own ones, trust, background history and work experience and so on. There is a lot of groundwork and due diligence to perform before committing to a business partnership.

Advantages

There are however several advantages when you're in a business partnership, such as a stronger financial position when all parties invest and contribute to the business; a broader network of contacts and connections readily available to expand your network and build relationships; and brain trust by sharing knowledge and skills to the benefit of the business.

Disadvantages

Some disadvantages on the other hand are loss of full control on the business which means there might be some adjustment time until all business partners get used to each other; risk of instability when the business partner potentially withdraws from the business for various reasons; and potential for conflict when opinions differ.

What makes a business partnership successful?

Professionalism, trust, experience, and discretion can make or break a partnership. A strong partnership is also based on a solid partnership agreement, outlining duties and responsibilities of all parties involved and the specific roles taken within the business. It's important to note a business partnership should be registered to become a legal relationship, and this is done through registration with the Malta Business Registry (MBR). The deed of partnership needs to include the following:

  • Name of partnership
  • Share capital which is normally listed as ‘Contribution'
  • Name, residential address and identification document number of partners
  • Registered address
  • Objects
  • Representation

If you are thinking about forming a business partnership, Fairwinds Management Limited will be able to assist you in all the necessary legal and accounting steps and procedures to get your business started.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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