Maksym Arkhanhelskyi gave a lecture entitled ‘The Partnership Agreement: How to Protect Your Business from Your Partner’.

4 min read

Partnerships are one of the most common forms of doing business today, but at the same time one of the riskiest. Although most partnerships begin with enthusiasm, trust and a shared vision, it is precisely conflicts between partners that most often lead to the downfall of successful companies. This issue was the focus of a practical lecture by Maksym Arkhanhelskyi – an attorney, entrepreneur, investor and partner at Synegor Law Firm – which took place at the Vision Business Club.

Partnership is one of the most common forms of business collaboration, but at the same time one of the riskiest forms of cooperation. That is precisely why the topic of the presentation by Maksym Arkhanhelskyi – a partner at Synegor Law Firm – at the Vision Business Club focused on the legal protection of businesses within partnership arrangements and the correct drafting of partnership agreements.

Maksym Arkhanhelskyi emphasised that any partnership is based not only on a shared idea or trust between the parties, but first and foremost on the transparent and clear legal formulation of agreements. An entrepreneur who has not formalised their legal relationship with a partner in writing finds themselves exposed to heightened risks: ranging from the loss of a shareholding or control over the company to conflicts that could lead to the business coming to a complete standstill.

The lecture explored the key aspects of establishing secure partnership relationships. In particular, Maksym Arkhanhelskyi explained which elements must form an integral part of a partnership agreement and why these specific provisions determine the stability of the business. He identified the right of first refusal (ROFR) as one of the central mechanisms, which allows partners to control exactly who may acquire a stake in the company. Equally important is the valuation clause – a pre-agreed formula for valuing the business, which prevents manipulation to undervalue a stake in the event of a sale or a partner’s exit.

Maksym Arkhanhelskyi also discussed in detail the mechanisms for protecting a business against unfair practices by partners. The lecture analysed the practice of drafting provisions on liquidated damages, non-competition clauses, rules governing the transfer of key clients, and liability for poaching staff. A properly defined procedure for a partner’s exit from the business also plays a crucial role — it is precisely this that helps to avoid conflicts, deadlock and financial losses.

Particular attention was paid to real-life case studies illustrating the consequences of both having and not having a legally sound partnership agreement. Maksym Arkhanhelskyi analysed situations in which Ukrainian and international companies lost assets, control or partners precisely because of the absence of clearly defined agreements. At the same time, examples were given of instances where a properly structured agreement protected business interests, maintained corporate governance and helped avoid costly legal disputes.

The lecture also emphasised that partnership relationships require regular legal review. Businesses grow, change, attract investment and enter new markets – and partnership agreements must adapt in line with the company’s development. Maksym Arkhanhelskyi stressed that the best time to draw up or update a partnership agreement is not during a crisis, but during a period of stable business growth, when the parties are ready to negotiate constructively.

The overall conclusion of the lecture was clear: a strong and long-lasting partnership begins not only with trust, but with a legally sound agreement that clearly defines the rights, obligations and safeguards of each partner. Such a document lays the foundation for the secure development of a business and minimises the risks that may arise in the future.

Maksym Arkhanhelskyi’s presentation at the Vision Business Club proved to be a valuable source of knowledge for entrepreneurs, investors and company owners seeking to build partnerships on professional, predictable and legally secure terms.