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  • Home
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    • Nicholas Hantzes
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  5. When is the right time to buy out a business partner?

When is the right time to buy out a business partner?

On Behalf of Hantzes & Associates | Dec 18, 2024 | Business Law

People who start or acquire organizations with business partners often intend to work together indefinitely. Business partners usually outline specific terms in their partnership agreements regarding the development of the organization and the contributions that each party intends to make to the business.

Partners can continue working together until they retire, dissolve the company or sell the business if they both fulfill their promises and remain healthy. Occasionally, one business partner decides they would like to continue operating the company without their partner. They may propose a buyout based on the terms of the partnership agreement and the company’s current value.

When is the right time to propose a buyout to a partner?

When they can no longer do their job

Advanced age or medical challenges can compromise a partner’s ability to continue working. However, many people are reticent to acknowledge their own limitations.

A business partner who struggles to fulfill their job responsibilities may not want to disappoint the other people who have invested in the company. Proposing a buyout can be a way to facilitate a partner’s retirement and can help them move on without feeling guilty.

When they have breached their fiduciary duty

Sometimes, buyouts are necessary to protect the organization. If one partner discovers that the other has put their own gain ahead of the company’s best interests, they may need to take assertive action.

Those who uncover clear evidence of self-dealing or embezzlement may decide that acting to remove their partner from their role is the best option available.

When their goals no longer align

Sometimes, partners remain fully capable of doing their jobs and continue to perform to the best of their ability. The partners may no longer agree on what the future of the company should entail.

Perhaps one partner wants to sell, but the other wants to continue running the business. A buyout can be a way to allow one partner to pursue their ambitions elsewhere while the other develops the company according to their own wishes.

Proposing a partnership buyout can lead to complex negotiations and may sometimes lead to business litigation. Business partners who have legal support while reviewing contracts and preparing for a buyout discussion may have a better chance of avoiding conflicts that could damage the business and their chances of successfully acquiring it from a partner.

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