Asked in Business Formation and Business Law

Q: There are four person going to start a business. Two are investors two are handlers.

One person from handler is the one who made idea and found investor to start it. He knew investor and handler and he is the source developer and we can say manager. I want to know the profit division of this business .

1 Lawyer Answer

A: Determining the profit division in a new business with multiple stakeholders requires careful consideration of each person's role, contributions, and the agreements among all parties involved. Here’s a general approach to structuring the profit division for your business involving two investors and two handlers:

Equity Distribution:

Investors: Typically, investors receive a share of profits proportional to their financial investment. The exact percentage should reflect the amount of risk they are taking by funding the business.

Handlers (Including the Idea Originator): Handlers, particularly the one who developed the idea and secured the investors, should receive equity that reflects their contribution, effort, and ongoing role in the business.

Consideration for Key Roles:

Idea Originator/Manager: Since this handler not only developed the idea but also brought together the team and will manage operations, they should receive a larger share of the profits compared to the other handler.

Example Profit Division Structure:

Investors: 40-50% of the profits, divided according to their investment amounts.

Idea Originator/Manager: 25-35% of the profits, considering their key role and contributions.

Other Handler: 15-25% of the profits, depending on their role and contributions.

Formal Agreement:

It’s essential to formalize the profit division in a legal agreement, such as a partnership agreement or operating agreement (for an LLC). This document should detail each person’s share, responsibilities, and any conditions or contingencies. To ensure a fair and legally sound division of profits, we recommend scheduling a consultation to discuss your specific circumstances and draft the necessary agreements.

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