Business

From Handshake To Headache

Issue 122

By Rishi Kohli, Corporate and Commercial Partner, Sweeney Miller Law

Why growing businesses need clear agreements.

Many successful businesses don’t start with a contract. They start with a conversation. A shared idea. A handshake.

That informality often makes the early days work. Decisions are quick, trust is high, and everyone pulls in the same direction.

But as businesses grow, that same informality can start to cause problems.

It’s a familiar situation: businesses doing well on paper but operating on assumptions that were never written down – until something changes.

That pattern shows up just as often in growing North East businesses as it does anywhere else.

When “it’s fine” stops being fine

Early-stage businesses are usually built on trust – often between friends, family members, former colleagues or long-standing contacts.

At that stage, formal agreements can feel unnecessary. Nobody wants to say, “Should we get this written down?” when everything seems to be working.

Growth changes things.

As businesses scale, new pressures emerge. Money matters more. Roles evolve. Responsibilities blur. Investors, lenders or major customers enter the picture.

What once felt obvious suddenly isn’t. And when expectations aren’t aligned, misunderstandings follow.

The most common issues that arise

By the time a lawyer is involved, the issue is rarely theoretical. Common problems include:

disagreements over ownership

uncertainty around decision-making

uneven contributions of time or money

exit scenarios never discussed

one party wanting to move faster than the other

Without a clear agreement, those issues become harder – not easier – to resolve.

Formalising agreements isn’t about mistrust

One of the biggest misconceptions is that formal agreements signal a lack of trust.

In reality, they do the opposite.

A well-structured agreement:

clarifies expectations

removes ambiguity

provides a growth framework

protects relationships

Put simply, it allows people to focus on running the business.

The right time is earlier than you think

Many businesses only think about formal agreements when a dispute arises, when an investor asks for documentation, or when a sale or restructure is being discussed.

By then, views are often more fixed and options more limited.

The best time to formalise arrangements is when relationships are strong and everyone is aligned.

Keeping it proportionate

Formalising arrangements doesn’t mean drowning a growing business in legal complexity.

The most effective agreements are:

clear

proportionate

written in plain English

consistent with how the business operates day to day

It’s not about producing documents for the sake of it. It’s about giving a growing business room to move without storing up problems for later.

A final thought

Many businesses don’t struggle because they lack ambition or opportunity.

They stumble because the foundations they started with didn’t evolve as the business did.

Moving from handshake to written agreement isn’t a loss of trust.

It’s a sign that a business is maturing – and planning to last.

If you’re running a growing business and early arrangements no longer reflect reality, addressing it early can save significant time, cost and friction later.

Ready to move from handshake to clarity?

Get in touch with Rishi Kohli, Corporate and Commercial Partner at Sweeney Miller Law, to discuss how the right agreements can support your business as it grows. Email rishi.kohli@sweeneymiller.co.uk or call 0345 900 5401.

www.sweeneymiller.co.uk

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