What could possibly go wrong?!

jmeredith123

Free Member
Apr 20, 2013
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I am currently the director of 2 uk ltd companies.

I have met an interesting individual who has proposed that I set up another company with him, this would be in the same field of business in which I currently operate (ecommerce) but he brings a unique set of skills that I don't possess.

I'm very interested in this opportunity but don't know the person that well, what are the potential pitfalls if he turns out not to be as presented? Finances are structured in a way that is not an issue, my question is what would the legal repercussions be in the worst case scenario if he turned out to be a rogue director. ie. could I end up in prison for something I didn't do?!

Always good to work on the worst case scenario first!
 

ethical PR

Free Member
  • Apr 20, 2009
    7,896
    1,771
    London
    As you have your own company you will understand your responsibilities and liabilities as a director and of what would happen if you had acted as personal guarantor for overdrafts , suppliers etc and the business could not pay etc.

    Presumably you have a business and marketing plan for your new business and have looked at risks as part of this. And you have consulted a solicitor about a shareholder's agreement.

    By the way I don't know anyone with unique business skills.

    Have you run a background check regarding his previous company's and finances?

    What are you bringing to the table that he needs?
     
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    JEREMY HAWKE

    Business Member
  • Business Listing
    Mar 4, 2008
    8,604
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    EXETER DEVON
    www.jeremyhawkecourier.co.uk
    What could possibly go wrong?!

    The thing that will go wrong will probably be the thing that nobody predicted when you asked everybody
    What could possibly go wrong?!


     
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    Paul Norman

    Free Member
    Apr 8, 2010
    4,101
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    Torrevieja
    As in all business arrangements, you need to do your due diligence on both the opportunity, and on this person.

    Getting into a shared business arrangement with some one you hardly know carries the obvious risks. They could do absolutely anything! But check them out.

    And then, get a lawyer to drop up a robust shareholders agreement. Get contracts of engagement, too. Do everything in writing, and in the agreements cover the 'what if it goes pear shaped' stuff thoroughly.
     
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    What could go wrong? - Anything

    What could go well - pretty much everything

    As has already said, robust agreement will do a lot to smooth things out.

    I have been shot down for saying this in the past, but remain of the view that time spent thrashing out agreement before involving the legal boys is time well spent. This is where you get to understand each other's perceptions, goals, interpretations of roles etc - even if it doesn't end up in the agreement.

    Remember, by the time an agreement gets to court, it has failed in its primary aim
     
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