Complicated business problem

JK76

Free Member
Dec 2, 2019
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Hi, I was hoping somebody may be able to comment on a difficult situation I have found myself in with my company.

Three years ago, myself and a colleague at the time started a business where we own 50% each. Whilst the business has performed fairly well, the experience isn't one which I have enjoyed at all due to the unexpected manner in which my partner has conducted himself since day 1. The impact on my mental health has been severely impacted by this and I have wanted to exit the business for a considerable time but feel somewhat trapped by the complications regarding a situation such as this.

I have offered to sell my 50% to my partner on several occasions but he declines each time. He also has rejected two offers from me to buy him out. He is fully aware that, without me, the company would fail quickly because he is illiterate and has no skills other than doing physical work. Therefore, I am technically 'running' the company but unfortunately, it transpires that he is one of those characters who thinks they know better than anybody else how to run a company, which results in an unpleasant environment where there is a constant underlying battle happening between us regarding the policies of the company.

His inability to consider risk will be the most dangerous and likely cause of the company falling flat on its face and failing. For example, he spends his days deliberately antagonising all of our suppliers (and creditors) to the point where it is costing them a considerable amount of time and money dealing with him and his absurd demands as well as his never ending attempts to 'shaft' them regarding stock. I have been made aware that our biggest creditor is considering withdrawing the supply and credit facility we have in place with them. In this event, we would have an immediate cash-flow problem which would more than likely cause us to cease trading.

He has already antagonised the landlord of the previous property we were trading from (with an excellent deal regarding rent) to the extent that we were asked to leave. This alone has resulted in our operating costs doubling at the new property. He routinely disrespects all suppliers/landlords/service providers etc for no rational reason and yet cannot understand the risks involved in doing so. He also disrespects me and takes decisions without consulting me (such as giving unregulated credit to customers) despite being aware that this is likely to cause me to exit and the business to fail.

Anyway, the situation has now taken an unexpected twist because he now has a big problem with his back which he has injured due to his hectic ways and refusing to rest properly. Currently he is on a waiting list to have 5 discs in his lower back fused which of course means he will no longer be able to do the physical work.

I currently do 50% of the physical work and 100% of the admin. So you can imagine that I am already quite stretched as the business has a million pound turnover and I already tend to have to work 7 days a week from January 15th until January 8th each year without a break (aside from funerals).

The company cannot afford to employ a member of staff because our overheads have now doubled due to his reckless antics effectively seeing us evicted from the previous property. We are in a trade which is well fought over and our margins are tiny unfortunately.

Having spoken to my partner, his solution to the problem is that we should both take a considerable pay cut and employ somebody to help us on a part time basis. This proposed pay cut would take us to below the minimum wage so this simply isn't happening. His mortgage is fully paid on his home whereas mine still has 22 years remaining. Hence his willingness to take a pay cut.

He has suggested that he takes over the role of doing all of the admin (despite being illiterate and terrible with figures). He believes that if I show him how it is done, he will be able to do it.

The reality is his vision for the company next year is that I do 100% of the physical work on Sunday, Monday, Tuesday, Wednesday, Thursday and then 50% of the physical work along with the part time employee on Friday and Saturday.

Meanwhile, he sits in the office either completely messing up our accounting or simply ringing me all day to ask how to do everything. Ultimately, I will end up reverting to doing 100% of the admin whilst he is effectively a lame duck who isn't able to contribute.

Unfortunately, he is relishing the status of being seen locally as a 'successful businessman' even though nobody actually cares. He frequently squanders the company's money on vanity projects such as sponsoring local sports teams or awards ceremonies and having his name mentioned in magazine articles.

Therefore, he is like a dog with a bone and will not give up this company despite the fact that he will no longer be able to contribute after his pending operation.

Your opinions would be very appreciated.
 
Sorry I haven't read all of your post yet as I first need to know what type of entity we are talking about here please.

Is this a Limited Company or a partnership?
 
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@Lisa Thomas , it becomes obvious later on in the rambling post that the entity in question is a company. But I don't blame you for not reading it all.

The OP comes across as whiny and complaining. There is not a single question in the whole post prior to asking us for our opinions, it's just one long moan.

@JK76 , you've asked for our opinion. Our opinion on what? It looks like you want some sympathy, someone to put an arm around your shoulder and say, "there, there, ignore him, he's a bad man".

I think you've come to the wrong place.

Anyway, given the picture of the business as you've painted in the OP the most obvious solution is to close the bloomin' company down or remove yourself. Did that not occur to you?
 
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It sounds like you didn't know your co-director too well - I find it hard to believe that behaviour as extreme as you describe wasn't visible or known about when you were discussing the project initially three years ago

We can only comment on what you say here, but if the situation is as extreme as you claim then I agree with @NickGrogan and @Clinton - If the company doesn't break, it sounds like it will break you: What price can you put on that? Get shot of it, and move on to something more satisfactory.
 
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Thank for for clarifying.

What are the creditors and assets of the Company?

Options appear to be:

1. Take insolvency advice and look to liquidate the Company (assuming it is insolvent), either voluntarily or through Court.

2. Resign as a Director and retain the shares.

(Resignation will not get you off the hook for any misfeasance committed by you up to the date of resignation whilst the Company was insolvent but will prevent any future risk of claims being brought against you personally if the Company enters a formal insolvency procedure).

If things do work out with the Company being run by your partner then you can still benefit from dividends.

You should take proper advice from a licensed IP.
 
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Sorry I haven't read all of your post yet as I first need to know what type of entity we are talking about here please.

Is this a Limited Company or a partnership?

Thank the Lord I am not the only one
We do have other stuff to do :):)

I am more that happy to read @Clinton very long posts as he knows his stuff and may even provoke somebody :):confused:
 
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It's not a complicated business problem; it's the bog standard one that crops up here pretty much daily.

You and your mate set up a business without planning, without thinking things through, without legal advice and without any contracts.

Now you've fallen out and you aren't able to negotiate a compromise.

My advice - Pack it up and go.

This isn't going to work.
 
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Get legal advice from a competent solicitor and show them everything involved with the company and what you ideally want to get out of it.

Ask for a couple of options, then follow their advice on what you think suits you best.

Speak to close family for their advice and support.

Given what you have outlined in your post, it seems that the only satisfactory way out is to leave (on the right terms) and open your own business, where you are solely in charge.

Good luck.
 
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Maybe the same five that answer have actually done it
One may be posh ,one may be professional, one maybe like a teacher and a couple have come up the hard way and speak with regional accents .
This lot give better advice than some paid mentor
It is worth remembering that this is not mumsnet
 
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A million pound turnover and two employees yet you cannot afford a third person

Proposed pay cut would take us to below the minimum wage

With such little profit margin you are balanced on a knife edge and need to seriously consider your business planning

In your shoes's I would take the long walk and start again using what you have learnt but with a method of making far more profit from every sale
 
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Oh my giddy ant... tally ho!! :D :D

if you're making £1,000,000 turnover and unable to employ staff to ease the burden of the amount of work that you're doing... whether he's a knob or not... then there's something seriously, seriously wrong...

@CNH truth actually hurts doesn't it... :D :D

No point in molly coddling or softening the blow... as a businessperson who's been treated like crap for the last 3 years... I'm pretty sure the OP has got the sacknballs to take it... he's coped with numpty treating him like a bag of doo doo for 3 years after all...

I'm sure some truth snowballs won't affect him that much TBH... in fact, I think it might make him grow a pair and give the numpty a crack TBH... or do what he needs to do to survive... and walk.
 
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OP, you have a lot of problems regarding your partner. Learn from your mistakes and move on, harsh but the quickest and simplest resolution IMHO.

In the future, be careful who you go into business with, define the roles, who is responsible, have a way to resolve problems in the future. Unfortunately you have allowed your partner three years of doing what they want, in business it has to work for everyone involved. If you hit problems sort them out instantly, don’t allow the same mistakes to happen over and over again.

I’m not a fan of business partners or 50/50 shares, it makes resolution much more awkward. Ask yourself honestly, do you truly need your partner, or just someone to do the physical work? Lastly as mentioned earlier, you need to look at your profit levels, you should be comfortable on a million pound turnover, not on the bread line.
 
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In your shoes's I would take the long walk and start again using what you have learnt but with a method of making far more profit from every sale
Actually on £1m t/o he only needs to increase margin a little to be much more comfortable. Not safe, but definitely more comfortable.
 
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If he has been that antogonising to your customers and suppliers then I would be looking at going it alone and taking them with you - if they know that he is the problem then a few meetings with suppliers to make it very clear that you've realised that, and they can now deal just with you, should soon clear things up.

Not sure what the customer base is but if it's B2B and repeat sales then reason the same process can't apply on the customer side.
 
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Your opinions would be very appreciated.
He won't buy you out and wont let you buy him out. Working with him is damaging your mental health and will continue to do so and he seems hell bent on continuing to damage the company too.
Your options are few and obvious.
1. You can continue on doing all the work while he takes 50% of the benefit until he destroys the company or your health, or
2. You can resign as a Director and go do something that doesn't damage your health.
 
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Hi there are a lot of good advice above, your business does sound as though, one big screw up, you will lose a darn lot, so that too will be stress for you & the long hours & your doing all the jobs...

Follow these peoples advice, and your own heart & intelligence... Youve come here as you know things are wrong in your company, and others agree, you just have to pick and choose your free advice, or keep plodding along waiting for a rainbow to land at your door, which seeing as rainbows are totally round & not half moon, thats unrealistic.

You sound as though your at your limit and crying out for help, even without the hug and there there there, everyone gave good advice, and from your post which i read it all, you know your at your limit with your partner.

Your choice now, keep it going, keep hoping he will change, try figure a way to buy him out, or do as other said, keep your 50 but gtfo.
 
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@JK76 in addition to the good advice already provided by others about your current shared company, you could take a proactive approach, by opening a new company without your current business partner, speaking with suppliers etc at the appropriate time about moving their business to your NewCo, and if necessary (and following appropriate legal advice), buy the current company (or its assets) during what sounds like an inevitable liquidation process.

Then pay someone to do the physical work that is longer being done by your current partner, and concentrate on the commercial and admin side yourself.
 
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@JK76 in addition to the good advice already provided by others about your current shared company, you could take a proactive approach, by opening a new company without your current business partner, speaking with suppliers etc at the appropriate time about moving their business to your NewCo, and if necessary (and following appropriate legal advice), buy the current company (or its assets) during what sounds like an inevitable liquidation process.

Then pay someone to do the physical work that is longer being done by your current partner, and concentrate on the commercial and admin side yourself.

Are you suggesting he works against the company he is a director of, if so that is illegal and you need to understand the law on directors duties
 
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Are you suggesting he works against the company he is a director of, if so that is illegal and you need to understand the law on directors duties

I'm not suggesting the OP does anything that contravenes Company Law, but thank you for highlighting that I hadn't been as clear as I should have been.

Amended version:

@JK76 in addition to the good advice already provided by others about your current shared company, you could take a proactive approach, by opening a new company without your current business partner. Don't use the company to trade. Speak with suppliers etc at the appropriate time about moving their business to your NewCo, and if necessary (and following appropriate legal advice), buy the current company (or its assets) during what sounds like an inevitable liquidation process.

Then pay someone to do the physical work that is longer being done by your current partner, and concentrate on the commercial and admin side yourself.



The most important aspect, given that none of us knows the extent of the OP's familiarity with company law is that he takes legal advice well in advance of action involving the current company or a new one.
 
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I read this in detail whilst stuffing my face with cookies - I seem to have missed the complicated business problem part.
 
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Thanks to everyone who has been considerate enough to respond in a helpful manner. Your words have been very beneficial.

Obviously it has been made very clear to me by the likes of Clinton and Billybob99 that I really shouldn’t have bothered.

Well done guys. Give yourselves a pat on the back. Bullying people asking for advice must be fun for you right?

Are you even aware that your conduct is likely to actually harm the levels of traffic to this website? How many people have considered posting but then decided against it based on the fact that they are likely to get some kind of pompous response from somebody who seems very angry at the world?

Surely the admin on this site would prefer it if you kept your opinions to yourself if they’re not constructive? I would imagine that people like you are causing huge amounts of people to simply give this website a miss.

Why are you so angry anyway? And why are you so obsessed with putting people down?

I would imagine you’re the type of characters still living with their parents and that the police should probably take a look at your hard drives. Urgently.
 
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Perhaps you are directing your angst at the wrong person. It would be better to direct some of it at your lazy, illiterate partner and tell him he's a dead weight. Explain that doing all of the manual labour and then having to teach him and/or put right his figures/admin is just going to put too much stress on you and such circumstances cannot go on. Give him a date by which time you need a change and advise him of all of the possible avenues given to you above (not the start a company of your own though - keep that under your hat). Advise him he needs to make a choice of one of those options by that date (i.e. things can be negotiated but we need to be working towards a situation that suits both of us by that date).

Popping round to see billybob99 to share his milk and cookies won't help. Although, if he has cookies he's sharing I might turn up... love a cookie.
 
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Cookies! Brilliant

Mind you, it's a long drive (lovely views though)

any chance we can stay over?

Not wishing to presume, but perhaps we could make it a kind of UKBF Christmas party? There should really be wine & beer. I'm happy to bring some, or perhaps we should just have a whip & get it delivered?

The Far Bay Inn does accommodation.

Shall we get this rolling?
 
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I have removed a number of posts from this thread as they were not only off topic posts but also abusive posts. It is one thing to critisise, even critisise bluntly, but on this thread the line was crossed and personal abuse and inappropiate language. I am closing this thread
 
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