Understanding the purpose of a partnership agreement can help you protect your rights and interests as a business owner. When starting a business with one or more partners, it’s easy to focus on ideas, growth, and profitability. However, one of the most important steps is often overlooked: creating a partnership agreement. For Oklahoma businesses, this document can make the difference between a smooth-running operation and costly disputes later.
To see this article as a video, click here.
What Is a Partnership Agreement?
A partnership agreement is a legally binding contract between two or more business partners that sets out how the business will operate and how decisions will be made. While Oklahoma law allows partnerships to exist without a written agreement, relying solely on default state laws can leave major issues unresolved or lead to outcomes you never intended.
Why Do You Need One?
There are several reasons why you should have a partnership agreement:
1. Clarifies Roles and Responsibilities
A well-drafted agreement outlines each partner’s:
- Duties and responsibilities within the business.
- Level of authority for decision-making.
- Areas of focus (such as finance, sales, or operations).
This clarity helps prevent disputes and ensures each partner knows their role.
2. Defines Ownership and Profit Sharing
The agreement specifies how much of the business each partner owns and how profits and losses are divided. Without this, Oklahoma law assumes equal ownership—even if one partner invests more time or money.
3. Establishes Decision-Making Processes
Disagreements are inevitable in business. A partnership agreement details how decisions are made, including:
- Voting rights and required majorities.
- Which decisions require unanimous consent.
- How to resolve deadlocks.
4. Provides a Plan for Changes
Partnerships evolve, and sometimes partners leave or new ones join. The agreement can outline:
- Buyout terms when a partner exits.
- Rules for bringing in new partners.
- What happens in the event of a partner’s death or disability.
5. Offers Legal Protection
A written agreement reduces the risk of disputes escalating into lawsuits by providing a clear set of rules agreed to in advance. It can also help demonstrate to lenders and investors that your business is well-structured and professionally managed.
What Happens Without a Partnership Agreement?
Without one, your business is subject to Oklahoma’s default partnership laws. These laws may divide profits equally, even if one partner contributed more capital or works more hours, and may not address how to handle disputes or ownership changes. This can create friction and uncertainty if issues arise.
Do You Need a Lawyer to Draft One?
While online templates exist, every partnership is unique. A business attorney can:
- Tailor the agreement to your specific goals.
- Identify potential legal risks.
- Ensure compliance with Oklahoma business law.
Tulsa Business Lawyers
A partnership agreement serves an important purpose and is one of the most valuable tools for protecting your Oklahoma business and your working relationships. By clearly defining roles, profit sharing, decision-making, and exit strategies, you reduce the risk of conflict and create a strong foundation for growth. To discuss your options, call a Tulsa business attorney at Kania Law Office today at 918.943.2233, or if you would like to ask a free online business law question, follow this link.
Tulsa's Local Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.
Call us today for a free consultation 918-743-2233 or contact us online.