What If Agreements – get them in place now, before a what if occurs

Just this morning I heard another tale of woe from a business owner who is now entering into legal disputes because a partner is getting divorced. The business is ten years old, healthy, in fact, holds a strong position in a niche market. But, now the business will be sold or broken into pieces. Several lawyers are also enjoying a feast of fees. 

All of this points back to a fundamental of business formation and business planning – the need for “what if” agreements among the owners.

What if someone dies, becomes disabled, divorced, married, wants to leave the business? How are new partners added? Can a founder be fired? Who owns what and in what form? How will disputes be settled? And, the list of “what ifs” goes on.

So often people start businesses and, in the glow of start up enthusiasms they think, or don’t want to think, about the almost inevitable “what ifs”. They quickly go through setting up the incorporation process and get to work ignoring what will turn out to be all important, the Founders’ Agreement. 

If you are just starting out, make sure that you work through the discussions and legal work for a Founders’ Agreement within the first couple of months. Put your Founders’ Agreement in place. On the other hand, perhaps you have ten years of success in your wake and you still have no Founders’ Agreement (referred to also as Owners’ Operating Agreement and other title). You are living on borrowed time. Get together with your business partners and make it a priority to think through the obvious “what ifs” and then involve your attorneys to formulate an agreement. When one of the “what ifs” occur ,you will be very happy to fall back on its structure.

Podcast – How to Hire a Part-time CFO

Five steps to hiring a part-time CFO to simplify your life.

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This podcast lasts for 8 minutes 49 seconds.

A written format is available here.

How to Hire a Part-time CFO

In my earlier article, Seven Reasons to Add a CFO – part-time or full – to Your Team, I discussed the reasons to add a Chief Financial Officer (CFO) to your team. If you have not read that article you should do so before reading this one.

The first step in the hiring process is to define the job you want filled. What specific results should the CFO produce for you and your company? Are you concerned about running out of cash because you have taken on a big project but will not get paid until completion? You worry about having enough cash on a regular basis. You are not certain that the bookkeeping is being done in an efficient and rigorous manner? What else of a financial character concerns you? Is your CPA driving you crazy with questions or suggestions that you do not entirely understand?

Make a list. Look back at the seven reasons I gave in my earlier article and see if this don’t provoke some additions to your list of worries. When you have completed your list, these are the problems, largely, that the CFO should solve.

Do not spend too much time thinking about exactly which functional skills are required to produce these results. It is the job of candidate CFOs to demonstrate to you that they have solved problems like yours and produced the required results. You are not hiring a trainee or development project, you are hiring an experienced CFO.

A few concrete skills and experiences you should look for.

First, your CFO must know how to get their hands dirty. This means they must have active skills to build spreadsheets and extract information from financial software systems and paper documents. Second, they must know how to present this to you in a clear, actionable format. A key task for them is to get financial information about company performance into your hands in a timely fashion and in a format that leads to making decisions. Third, preferably they will have experience in your industry so that they can set the analysis within the context your business lives in. Fourth, they should have worked as part of a team so that they have the skills to present the financial “score” clearly and then engage in a dialogue with the other management team members to help drive the business forward in a coherent fashion. At the level of the CFO, finance is not an isolated function, rather, it plays an integral role in managing the ongoing business and developing new strategies. Continue reading

Podcast – Seven Reasons to Add a CFO – part-time or full – to Your Team

7 Reasons why you need to add a part-time CFO to your business team


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This podcast is 7 minutes 20 seconds long