Jacob Long said:I’d say you need to nail down ownership stakes—aim for at least 51% or 55% if you want control. The split depends on how you guys play it, but profit sharing should always follow those ownership percentages.
I don't know the ins and outs of this perfectly, but from what I've gathered, there isn't really a way to split profits unless you both actually own the company.
If you're planning on giving him a cut per project, you really ought to sign a separate contract for every single one. If you don't want to go that route, he won't have any claim to the money—and trust me, he's not stupid.
Whether you're asking for too much is subjective, really. What matters is what's realistic. Ownership is based on what everyone brings to the table. From what I can tell, your contribution is just yourself and the cash. That team you're building? They aren't "contributions"—they're employees getting a paycheck. Your only real leverage is negotiating with the boss to snag a bigger percentage.
Contributions can be cash, assets, or rights, so basically
My employer is willing to provide the office space, all the equipment, and even cover payroll for six months if I decide to hire a team right out of the gate.
Based on that, he's contributing the space—but you need to figure out if he's just letting the new company use it or if the company will actually own it. Either way, you can put a dollar value on it. If it's just usage rights, just look at the market rental rate for that period and there's your number. Same goes for funding payroll and the equipment. Once you see his total value, you'll know exactly how much capital you need to inject to hit that 51% or 55% mark. You can't really put a price tag on yourself or the people you hire...
Who acts as CEO is up to you guys, but if things stall, the person with the majority stake makes the final call. If you want the power to make decisions, make sure you grab that majority share.
You keep saying intellectual capital is the whole game here, but is it really that simple? You'd start the company alone if it were, but nothing is ever quite black and white, right?
My boss and I are starting a business together, but his idea was to pay my portion of the initial capital for me. People like that are rare, though—and I won't be walking away with the majority stake.
Also, make sure the operating agreement includes a clause stating that if a partner wants out, they have to offer their shares to you first.
And honestly, just do your homework—talk to a lawyer and read the actual laws.
My employer is just letting me use the office space.
What's his role? He provides the workspace and we tackle certain projects together. That's why I brought up the idea of him taking a percentage of the profit per project.
If I absolutely have to give up equity, I’d want it to be around 30%, because:
If the deal falls through, I can just start my own LLC and do the exact same thing. I might have less work at first and fewer resources, but I'll be independent.
On the other hand, he’d lose his best talent and the steady income he gets from my firm. For him, it's basically an investment.
Again, this is all professional services. We aren't talking about heavy machinery or expensive equipment or anything like that.