Call Today 315-741-5946

Experienced, Reliable and Responsive Representation

With more than 30 years of trial experience, attorney Terry J. Kirwan provides seasoned counsel and advocacy to individuals and business owners in Upstate New York.

3 business formation tips to prevent future disputes

On Behalf of | Aug 6, 2024 | Business Formation |

Starting a business is an exciting venture, but it can also be challenging. It is important to take action to prevent future disputes for the longevity and success of any business. 

Taking the right preventative steps during business formation can help mitigate the possibility for conflicts down the line.

1. Clearly define roles and responsibilities

One of the most important steps in forming a business is to clearly define the roles and responsibilities of each team member. This means specifying who is responsible for what tasks, decision-making processes and conflict-resolution measures. When everyone knows their duties, there is less room for misunderstandings and disputes. By setting clear boundaries, the team can work more efficiently and cohesively.

2. Establish a comprehensive operating agreement

An operating agreement is a key document that outlines the rules and regulations for running the business. It should include details on ownership percentages, profit and loss distribution, management structure and procedures for adding or removing members. This ensures that all parties are on the same page and understand their rights and obligations. Regularly reviewing and updating the agreement can also help address any changes in the business or its members’ needs.

3. Maintain open and honest communication

Team members should feel comfortable expressing their opinions and concerns without fear of retaliation. Regular check-ins and feedback sessions can help foster a culture of transparency and trust. It is important to listen actively to others’ viewpoints and address any issues promptly. Ignoring problems or letting them fester can lead to bigger disputes later on. 

Taking these proactive steps can help ensure a smoother operation and a more successful future for the business. Keeping in mind that the business formation phase sets the tone for the entire lifespan of your company, it is important to spare no effort in making it a success.

FindLaw Network