You have decided, with other professionals from the same sector, to start a business together, for which you plan to rent a local and share expenses. But, although at first glance this may seem like a mere collaboration, if the relationship deteriorates and you decide to separate, conflicts may arise.
In these situations, there is a risk that one of your collaborators alleges that, in reality, there was no collaboration, but that a partnership existed, and that, consequently, they claim part of the profits from you.
Therefore, to avoid this type of conflict, when starting a business with other people, make the conditions that will govern the relationship clear from the beginning:
- If you really want to undertake a business in common to share the profits you obtain, incorporate a commercial company (for example, an SL) and distribute the shares in the percentage you agree on. You can also choose to form a civil partnership, in which the partners must make contributions that form part of a common fund and the profits or gains are shared among them. In this case, and although the law does not require it, document said partnership in writing and how that distribution of profits will be.
- However, if the business idea is yours and you only want to have the collaboration of certain professionals, avoid fulfilling the aforementioned requirements so that it cannot be understood that a civil partnership exists. For example, an interesting formula is to sign a service provision contract with your collaborators in which it is agreed that their remuneration (totally or partially) will depend on the evolution of the business.