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Roles and Responsibilities in a Business Partnership

Set clear expectations from the start of your partnership

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In Short

  • Clearly define each partner’s roles and responsibilities to avoid misunderstandings and disputes.
  • Establish decision-making processes, including voting rights and key decision areas.
  • Prioritise regular communication and formalise arrangements in a written partnership agreement.

Tips for Businesses

Document roles, decision-making procedures and dispute resolution mechanisms in a formal agreement. Schedule regular meetings and use communication tools to stay aligned. As your business evolves, review and update your arrangements to keep them relevant and effective.

Business partnerships can be a powerful way to combine talents, resources and expertise to create a successful venture. However, the success of any partnership heavily relies on clearly defined roles and responsibilities. Without proper delineation, misunderstandings can arise, leading to conflicts and potentially jeopardising the business. This article examines the essential aspects of establishing clear expectations in a business partnership.

Defining Roles and Areas of Responsibility

One of the first steps in establishing a successful business partnership is clearly defining each partner’s roles and areas of responsibility. This process involves a thorough assessment of each partner’s strengths, weaknesses and expertise, allowing for an optimal allocation of tasks and duties.

Assessing Individual Strengths and Expertise

Begin by conducting an honest evaluation of each partner’s skills, experience and areas of expertise. This assessment should consider both technical skills and soft skills, such as leadership abilities, communication styles and problem-solving capabilities. By understanding each partner’s unique strengths, you can allocate roles that best utilise these attributes.

Clearly Outlining Specific Responsibilities

Once you’ve identified each partner’s strengths, it’s crucial to clearly outline specific responsibilities. This should include day-to-day operational tasks, strategic planning duties and any specialised roles within the business. Be as detailed as possible to avoid ambiguity. For example, instead of simply assigning ‘marketing’ to a partner, break it down into specific tasks such as ‘developing marketing strategies’, ‘managing social media accounts’ and ‘overseeing advertising campaigns’. The more clarity is provided from the outset, the more it will minimise the risks of misunderstandings and future disputes.

In some areas, there may be an overlap in skills or interests between partners. It’s important to address these overlaps and decide how responsibilities will be shared or divided. Similarly, identify any gaps in expertise that may need to be filled, either through additional training or by bringing in external resources or people.

To illustrate how roles and responsibilities might be divided in practice, consider the following examples:

  • In an accounting firm partnership:
    • Partner A (Tax Specialist): Responsible for managing the tax department, overseeing complex tax planning strategies and staying up-to-date with tax legislation changes.
    • Partner B (Audit Specialist): In charge of leading the audit team, managing client relationships for audit services and ensuring compliance with auditing standards.
  • In a restaurant partnership:
    • Partner A (Culinary Director): Handles menu development, kitchen management and food supplier relationships. 
    • Partner B (Operations Manager): Manages front-of-house operations, staff hiring and training and customer relations.
  • In a digital marketing agency partnership:
    • Partner A (Content and SEO Strategist): Leads content strategy, SEO (ie, search engine optimisation) services and client account management.
    • Partner B (Advertising and Growth Director): Oversees paid advertising campaigns, social media marketing and business development.

These are merely examples of how partners can divide responsibilities based on their individual strengths and expertise. However, it is also important to note that while partners may have primary areas of focus, they should still collaborate and communicate regularly to ensure the overall success of the business.

Documenting Roles in a Partnership Agreement

Once roles and responsibilities have been agreed upon, it’s crucial to document them in a formal partnership agreement. This legal document should clearly state each partner’s duties, areas of authority and any limitations on their decision-making power. Having this in writing can prevent future disputes and provide a reference point if questions arise about each partner’s responsibilities.

Establishing Decision-Making Processes

Clear decision-making processes are vital for the smooth operation of a business partnership. Without established procedures, partners may find themselves in a deadlock or making decisions that the other partner disagrees with, leading to conflict and potentially harming the business.

Determining Voting Rights and Procedures

Decide how voting rights will be allocated among partners. This could include equal voting rights for all partners, weighted voting based on ownership percentages, or other agreed-upon criteria. Establish clear procedures for conducting and recording votes to ensure transparency and accuracy.

For example, a partnership might establish that all major decisions require a 75% majority vote, with each partner’s vote weighted according to their ownership stake. They could specify that votes must be conducted during official partnership meetings, with at least 7 days’ notice given to all partners. The procedure might require that votes be recorded in official meeting minutes, detailing the motion, the votes cast and the outcome. By clearly outlining these procedures in their partnership agreement, partners can ensure transparency and fairness in decision-making processes.

Identifying Key Decision Areas

Outline which decisions require unanimous agreement and which can be made by individual partners or by a majority vote. Typically, major decisions such as taking on debt, admitting new partners, or changing the nature of the business require unanimous agreement, while day-to-day operational decisions are left to individual partners within their respective areas of responsibility.

Significantly, the classification of key decision areas ultimately depends on the specific business in which the partnership operates. For a local retail partnership, major decisions requiring unanimous agreement might include expanding to a new location, taking on significant debt for renovations or significantly changing the store’s product offerings. In contrast, routine decisions such as ordering seasonal inventory within pre-agreed budget limits or adjusting store hours during holiday seasons might be left to individual partners or decided by a majority vote. Partners should carefully consider their business’s unique characteristics when:

  • defining which decisions require full partner involvement;
  • ensuring the process is both efficient; and 
  • tailoring to their specific needs.

Implementing a Dispute Resolution Mechanism

Despite best efforts, disagreements may still arise. In this case, you should implement a clear dispute resolution mechanism in your partnership agreement. This could involve mediation, arbitration or other agreed-upon processes to resolve conflicts when partners cannot reach a consensus through normal decision-making channels.

Regular Review and Adjustment

Business environments change, and so do partnerships. Accordingly, establish a process for regularly reviewing and adjusting decision-making procedures as needed. This helps ensure that your decision-making processes remain effective and aligned with the evolving needs of your business and partnership.

 

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Accounting & Taxation

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While fiscal compliance is of the upmost importance, we at Milton Advisory also believe in offering management advice and support at all levels of our services. We are committed to offering the highest level of friendly and professional service and welcome the opportunity to work with you.

The areas we specialise in are as follows:

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Choosing your business structure is an important decision and Milton Advisory can consult with you and suggest the best structure for your business. There are four main business structures commonly used by small businesses in Australia. They are:

Sole trader: an individual operating as the sole person legally responsible for all aspects of the business. Like other structures, as a sole trader you can employ people to help you run your business. The structure is inexpensive to set up because there are few legal and tax formalities.
Partnership: an association of people or entities running a business together, but not as a company. A partnership is relatively inexpensive to set up and operate.
Company: a legal entity separate from its shareholders. It is a complex business structure, with set-up and administrative costs that are usually higher than for other business structures.
Trust: an entity that holds property or income for the benefit of others. Trusts require a formal trust deed that outlines how the trust operates, require the trustee to undertake formal yearly administrative tasks and if you operate your business as a trust, the trustee is legally responsible for its operations. A trustee of a trust can be a company, providing some asset protection.

Companies and Trusts are more complicated business structures but they have their advantages and Milton Advisory can discuss these with you. It is important to note that you can change your business structure throughout the life of your business.

We can also assist with:

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Milton Advisory has the experience and understanding of the legal and regulatory framework that applies to business entities and we can help you understand the myriad compliance programs and regulated obligations that affect your business/company. We will make sure your business/company meets all its obligations to ASIC (Australian Securities & Investments Commission), the ATO (Australian Taxation Office) and the SRO (State Revenue Office of Victoria). Compliance is of paramount importance but we also believe that management advice and support is a crucial aspect of corporate accounting.

We can assist with:

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A client needs to put in place the right strategies and structures, to create and protect wealth and then review these strategies and structures on a regular basis. That is because your circumstances and goals will change and so will the economy and the legislation relating to how your affairs are structured.

Milton Advisory maintain a close relationship with a local financial planner who we trust to help you navigate this important side of your finances.

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Self-Managed Superannuation

Setting up a Self-Managed Superannuation Fund is a major financial decision. We understand that you’re busy and that the SMSF rules are complicated. We will provide you with an end to end solution giving you access to all the support and expertise you need to ensure your SMSF is well managed and compliant.

A SMSF can have many advantages but, equally, you need to consider the reasons why a SMSF may not suit your needs. We can help you decide if this is the right option for you.

Advantages of a SMSF:

Having control of your retirement savings can lead to a deeper understanding of how your overall wealth is tracking, and gives you more confidence in your investment and lifestyle decisions.

You can have access to a broader range of investments. You can invest in the usual options such as shares, term deposits, managed funds and property but you can also hold alternative assets such as artwork, jewellery, antiques, and wine. There are though, very strict rules on holding the latter assets in your self-managed super fund.

You retain control while still being able to take advice from your advisors.

Beneficial tax planning strategies.

Greater flexibility for accessing Centrelink benefits such as the age pension.

But a SMSF is not for everyone:

If you have set up a self-managed super fund (SMSF), you are in charge and you make the investment decisions for the fund. You must also be aware that you are responsible for complying with superannuation and tax laws, maintaining records, providing financial statements, completing tax returns and organising an annual independent audit.

You also need time and expertise to run your SMSF.

Compliance is very important.

There can be up to 4 Trustees and their thoughts and ideas have to be included.

The ATO offers advice on the responsibilities of having a SMSF.

Milton Advisory offers advice on all SMSF services, including:

  • The setting up of a SMSF and all administration tasks such as preparation of your trust deed and the completion and lodgement of relevant ATO statements.
  • Superannuation consolidation.
  • Ensuring your SMSF is compliant with current superannuation laws and regulations
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  • If there is more than one member in your SMSF, we can offer advice on what will happen in the event of ill health, death, relationship breakdown, or waning interest.
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  • Audit of your SMSF
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Milton Advisory can take over all, or some of your bookkeeping activities allowing you to concentrate on growing your business.

Services we can offer include:

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