Get All Access for $5/mo

Mixing Business and Friendship? Read This First. If you're going into business with a friend, make sure you're prepared.

By Nina Kaufman

Opinions expressed by Entrepreneur contributors are their own.

I want to sell 30 shares of my small business to a trusted friend. What kind of paperwork should I ask my lawyer to draw up? Does a notary also need to be present?

Kudos to you for wanting to get your lawyer involved. Many small business owners will draw up their own papers with close friends, and both the friendship and the business suffer. Your attorney can draft your partnership agreement (known as a "shareholders agreement" for corporations or an "operating agreement" for LLCs), which will get the ball rolling. There will also be other documents, depending on your business.

But perhaps more important are the questions you need to ask yourself. What role will your friend play in connection with the business? Will this person be shoulder-to-shoulder with you on a daily basis? What is your friend’s background, skill set and network? Is this friend simply providing additional funds as an “investor”? Also essential is what your friend envisions. Before either of you sign anything, do some soul searching and have some long conversations. You should both have a clear understanding of what you want and expect of each other.

Related: Whose Trademark Is It Anyway?
 

Nina L. Kaufman, Esq. is an award-winning New York City attorney, edutainer and author. Under her Ask The Business Lawyer brand, she reaches thousands of entrepreneurs and small business owners with her legal services, professional speaking, information products, and LexAppeal weekly ezine. She also writes the Making It Legal blog.

Want to be an Entrepreneur Leadership Network contributor? Apply now to join.

Editor's Pick

Business News

How Nvidia CEO Jensen Huang Transformed a Graphics Card Company Into an AI Giant: 'One of the Most Remarkable Business Pivots in History'

Here's how Nvidia pivoted its business to explore an emerging technology a decade in advance.

Business Ideas

63 Small Business Ideas to Start in 2024

We put together a list of the best, most profitable small business ideas for entrepreneurs to pursue in 2024.

Business News

Want to Start a Business? Skip the MBA, Says Bestselling Author

Entrepreneur Josh Kaufman says that the average person with an idea can go from working a job to earning $10,000 a month running their own business — no MBA required.

Starting a Business

How to Find the Right Programmers: A Brief Guideline for Startup Founders

For startup founders under a plethora of challenges like timing, investors and changing market demand, it is extremely hard to hire programmers who can deliver.

Leadership

Why Hearing a 'No' is the Best 'Yes' for an Entrepreneur

Throughout the years, I have discovered that rejection is an inevitable part of entrepreneurship, and learning to embrace it is crucial for achieving success.