The Business of Making Money with Horses
By
Don Blazer, taught by Eleanor Blazer
Lesson
Seven
Stallion profits are in syndication.
If
you are willing to put up with the problems, do the selling
work yourself and wait a few years, you can make money with a stallion.
If
you get extremely lucky, you can become a millionaire in a couple of years.
But
it probably won’t happen the way you think.
The
secret to making money with a stallion is to take the gamble out of the
venture, and put hard work and salesmanship into the business.
But
before I tell you the details of making money with a stallion, I want to
explain why so many lose so much attempting to stand a stud.
Let’s
look at some probabilities and statistics which will demonstrate what you are
up against if you take the conventional approach. This approach is to prove the horse good
enough to be a stallion in selected competition, then stand him to outside
mares and derive income from the breeding fees.
How
tough and how costly is it to make a name for a prospective stallion? Well, if you’ve ever competed at halter,
jumping, pleasure, reining or racing, you know there are always more losers
than there are winners. There is a lot
of politicking which goes into the making of a champion, and a lot of
advertising and a lot of traveling.
Quickly estimate what it has cost you to race or show your horse in the
past year. Is he one of the top horses
in the nation competitively? If not, but
you still think he has the ability, how much more in time and money do you
think it will take?
My
most conservative estimate is that it takes $30,000 per year to get a show
horse national ranking. A race horse, on
the other hand, is making money if he is nationally ranked. But then it probably cost no less than
$100,000 to purchase the horse as a yearling, or to breed and raise him.
If
you can get the horse national recognition for less, terrific!
Just
to be nice, let’s say your horse if nationally ranked by your breed
association. Now what? Well, there’s the competition to get mares.
The
following figures are calculated guesstimates.
There is no single source, no factual data on stallions at stud. I am using Quarter Horses as an example
because the amount of public information is large and available, thereby giving
the guesstimates a higher probability for accuracy.
It
is estimated there are already 9,000 Quarter Horse stallions standing in the
Let’s
be generous again, and suggest all the stallions have good bloodlines, even
though half or more are by and out of horses with no popular pedigree. Remember the catalog sheet? How good is the catalog sheet on stallions
with which you are familiar? Probably not as good as some of the local competition.
Now
let’s be realistic and see what it is that attracts mare owners to a particular
stallion.
It’s
potential!
To
be successful, a stallion must show potential to produce winners. And he shows potential by having been a
champion himself, or by having such an outstanding
pedigree—one absolutely loaded with winners—that everyone believes he can’t
help but produce.
By
focusing our attention just on race horses, we can
reduce the statistical numbers to a manageable level.
There
are approximately 30,000 running Quarter Horses born each year. Nature being what it is, one half, or 15,000,
are colts. Of these, at least 7,500 are
gelded, die or are otherwise eliminated as stallion prospects. So there are about 7,500 prospective new
sires each year. For simplicity’s sake,
assume as many older sires are retired or die, so the number remains constant,
and competition doesn’t get any tougher.
Only
2.8 per cent of all running horses ever win a stakes race or become a champion,
meaning only 210 of the 7,500 possibles have
attractive potential. If you are dealing
with show horses, you are well aware the odds of producing a champion are just
as tough, if not tougher.
If
15,000 of the 30,000 Quarter Horse foals are fillies, only about one-third
(5,000) enter racing each year. Of the
5,000 we know attempt to race, only 20 per cent ever win any kind of a race,
including c heap claimers. But let’s say
any winner is good enough to breed. That
leaves 1,000 possible new broodmares.
The
total each year is 1,000 qualified new broodmares for 210 qualified stallions.
That
means there are less than five good mares for each good stallion.
Data
from a regional West Coast Quarter Horse magazine reveals 195 stallions
advertised, 62 of which were running horses.
Of the 62, seven did not list a fee, or where advertised at “private
treaty”, meaning the fee was negotiable.
Fifty-five
stallion breeding fees were listed, 38 at $1,000 or less and 17 at more than
$1,000. The average breeding fee was
$1,200, with the median fee being $850.
Using
our earlier figures, a qualified stallion could expect to get five qualified
mares per year, at the average breeding fee of $1,200.
The
total income to the stallion owner would be $6,000 per year. (Don’t consider mare care and boarding at
this point.)
Not
too good. Wait. It gets much worse.
Factor
in $1,000 (very reasonable) to maintain the stallion for a year, and 12
advertisements at an average price of $670 each, and the outlay for those two
items alone is $9,040. This represents a
loss of $3,040. (Remember, this loss is
for a horse that cost no less than $30,000 to qualify as a stallion prospect.)
You
can’t make money losing money that fast.
But
you are positive you’ll get more mares, so the breeding income will be much
higher.
Good
thought. Maybe you will. I hope so. If you check with the breed registries,
you’ll find most stallions are lucky to get five mares booked a year. And remember, if you get five good mares, any
others are probably unqualified mares and will do more damage to your
stallion’s reputation than they’ll ever return in dollars during the first few
years. Once a stallion has foals on the
ground, his potential for profit is gone.
He must now earn points on results, and that is much harder to do. It is so hard, in fact, that the very best
stallions in the nation, the cream of the crop, are considered to be doing well
if they produce four or five good winners a year. And those super-studs aren’t breeding just
five good mares a year; they are breeding dozens. In addition, the top 20 stallions of any breed
have been around for awhile. You won’t
knock them off the mountain with a new stallion, unless he’s just been named
“Horse of the Year.”
By
looking at the facts, the competition, the costs involved in qualifying a
stallion, it’s obvious you probably won’t get rich taking the conventional
approach.
However,
a stallion can make you money if you maximize his potential and use our
location to our advantage.
Syndication
is your answer to big profits.
Let
me show you how the big money does it, then show you
how a little money can do it.
In
a standard syndicate, there are usually 40 shares, so theoretically, in a $30
million dollar syndicate, each shareholder pays $750,000. If each shareholder is entitled to one
breeding per season for 10 years, each breeding costs $75,000. This is pretty standard in the Thoroughbred
industry. You would think then that the
resulting foals from each breeding must earn or sell for at least $75,000, plus
expenses, for the shareholder to break even.
But
it is all done with mirrors!
Just
suppose each investor put up $750,000 in cash and the syndicate buys the
stallion for, say, $2 million cash.
Now
the syndicate has a $2 million stallion—no slouch, and with plenty of
potential—and $28,000,000 in cash. You
can do a lot with that, and they do.
You
have to have a place to stand the stallion, so the syndicate purchases a nice
ranch for $4 million. They operate the
ranch as a business, but breed to no outside mares and have no horse-related
income. Operating expenses are projected
at 400,000 per year, including depreciation on the stallion.
The
interest alone on the cash remaining, if well-managed, will generate about $2
million a year above expenses, or $50,000 for each partner. So the foals really only cost $25,000 and
still have the potential to earn or sell for much more than that amount. And they usually do. Research the sale prices of early Easy Jet
and Secretariat foals—they sold for hundreds of thousands of dollars.
In
the syndication chart, you’ll see the partners will still make a profit even if
the foals of the syndicate stallion return less than their actual cost.
SYNDICATION
Capitalization
(000 Omitted)
|
|
PROPERTY |
TOTAL |
1
SHARE |
40 @ $750 |
$30,000 |
|
$30,000 |
$750 |
Cost of Stallion |
-2,000 |
2,000 |
30,000 |
750 |
Cost of Ranch |
-4,000 |
4,000 |
30,000 |
750 |
Operate 10 years |
-4,000 |
|
26,000 |
650 |
Depreciation |
|
-2,000 |
24,000 |
600 |
10% for 10 years |
20,000 |
|
44,000 |
1,100 |
|
|
|
|
|
Net worth 10 years |
$40,000 |
$4,000 |
$44,000 |
$1,100 |
|
|
|
|
|
Partner's return |
|
|
|
|
from 5 foals, net |
|
|
|
|
of expenses of |
|
|
|
|
$20,000 each |
|
|
|
$100 |
|
|
|
|
|
Partner's value of 1 share plus minimal foal
return |
|
|
|
$1,200 |
Percentage
return on original investment, minimum expected: $1,200,000 equity less $750,000 original
investment equals increase of $450,000 divided by $750,000, or a 60 per cent
increase.
Pretty good deal. You
get a 60 per cent increase in your investment, five foals, all of which could
make a profit, and part ownership in a ranch which
could be worth many times its original cost.
Okay,
okay, you say $30 million is too much for you.
You don’t know anyone with $750,000 to invest, and you don’t get invited
to parties where the guests discuss buying and selling $2 million stallions.
The
syndication doesn’t have to be for $750,000 per share. Can you handle $2,500 per share?
You
can! Well let’s get started, because
this is where you put in work and a bit of salesmanship. Then you reap the profits from syndication,
not from the stallion.
First
you have to find a suitable stallion prospect.
This won’t be a snap. It will
take some searching and research, but you can do it.
Always
keep in mind that the horse must have potential. His potential is in this record as a
competitor and in his bloodline. Both
must be much better than average. Find a
stallion with a record you can sell.
Develop
a catalog sheet you can use to show his potential in black and white.
Don’t
lose a good horse trying to shave the price.
The price must fit the syndication, and you can pay up to $60,000. You’ll get the cost of purchase back through
depreciation.
Potential. That’s the
key. You must find the horse with
potential you can believe in and get others to be excited about.
You
know your horses and your market. Don’t attempt
to go national. Sell where you are
located, so the horse becomes the local hero and dominates your local
area. Local shareholders will also help
you promote the horse. They want to
profit, too.
Buy
a horse you know your prospective shareholders want. Buy a horse with potential your prospective
shareholders can see. Wins, victories,
championships are easy to see. They are
a permanent record.
Once
you have found the horse, secure a purchase agreement and start selling
shares. (There are lots of books on the
market which provide detailed guidelines for syndication agreements, or an
attorney can write an agreement for you.)
As
with all the other methods of making money with horses, the profit is in the
horse’s potential and your ability to sell that potential.
Sell
the shares, and without anything special happening during the next 10 years,
there’s a good possibility the percentage increase of each share will be close
to 300 percent.
In the chart, I used a 10-year average
breeding usefulness. Lots of stallions
go on longer, but exhaustive studies by the Internal Revenue Service (
At 40 mares per season, that comes to
400 breedings per sire. Some will argue the figure is too low, but
not every breeding results in a live foal, and some years the horse’s book may
not be full. It’s a good average and is
used widely in the industry.
At an average service fee of $1,200
your stallion will earn $480,000 before expenses. Only in exceptional cases will this
vary. I hope it will happen to you.
The
stallion’s bloodline will not change, nor will his competitive record, if he is
retired to stud.
However,
the performance of his foals could make a big, big difference. His first few foals should give you an idea
of whether or not his fee must remain constant, or can be increased.
In
part, it is up to you to do all you can to make his foals outstanding
competitors. Don’t leave it to chance or
to someone else. Get out and promote the
potential of those foals.
PROFORMA EARNINGS OF STALLION SYNDICATION
|
|
|
TOTAL
EQUITY |
SHARE
VALUE |
PERCENT
|
|
|
|
|
|
INCREASE |
|
FIRST
YEAR |
|
|
|
|
|
Investment $2,500 |
|
|
|
|
|
times 40 shares |
$100,000 |
$100,000 |
$2,500 |
|
|
|
|
|
|
|
|
Purchase of stallion |
|
|
|
|
|
with record and |
|
|
|
|
|
potential |
-60,000 |
100,000 |
|
|
|
|
|
|
|
|
|
Expense of syndication |
-1,500 |
-1,500 |
|
|
|
|
|
|
|
|
|
Expense of stud's 1st year |
-16,000 |
-16,000 |
|
|
|
|
|
|
|
|
|
Depreciation of stud |
|
|
|
|
|
straight line, 10 years |
|
-6,000 |
|
|
|
|
|
|
|
|
|
Estimated income 15 mares |
|
|
|
|
|
at $1,200 per mare |
18,000 |
18,000 |
|
|
|
|
|
|
|
|
|
Income from excess cash |
2,000 |
2,000 |
|
|
|
|
|
|
|
|
|
Status at end of first year |
$42,500 |
$96,500 |
$2,412 |
-3.50% |
|
|
|
|
|
|
|
SECOND
YEAR |
|
|
|
|
|
Expenses, second year |
-16,000 |
-16,000 |
|
|
|
|
|
|
|
|
|
Depreciation, second year |
|
-6,000 |
|
|
|
|
|
|
|
|
|
Estimated income 35 mares |
|
|
|
|
|
at $1,200 per mare |
42,000 |
42,000 |
|
|
|
|
|
|
|
|
|
Investment inome |
|
|
|
|
|
estimated at $40M |
4,000 |
40,000 |
|
|
|
|
|
|
|
|
|
Status second year |
72,500 |
120,500 |
3,012 |
20.00% |
|
|
|
|
|
|
|
THIRD
YEAR - TENTH YEAR |
|
|
|
|
|
Expenses, third year |
|
|
|
|
|
through 10th year |
-128,000 |
-128,000 |
|
|
|
|
|
|
|
|
|
Depreciation, third year |
|
|
|
|
|
through 10th year |
|
-48,000 |
|
|
|
|
|
|
|
|
|
Estimated income |
|
|
|
|
|
40 mares for 10 years |
348,000 |
348,000 |
|
|
|
|
|
|
|
|
|
Investment income, |
|
|
|
|
|
estimated at $100M |
80,000 |
80,000 |
|
|
|
|
|
|
|
|
|
Status at 10 years |
$408,500 |
$408,500 |
$10,212 |
308.00% |
Note 1. Average appreciation on
investment, 30.8 per cent, per year.
Note 2. This performance
is on an average stallion with no great achievements by his foals to increase
his stud fee. It is assumed his foals
were good enough to keep his book full.
One
good son or daughter in the first, second, or third year, and your stallion’s
service fee could double or triple. More
importantly, a good son or daughter creates demand for the stallion, and that
creates demand for syndication shares at an increased price. Shares can be sold and resold.
In
the proforma chart offered, I haven’t allowed for any special luck. I’ve kept the service fee the same for 10
years, shown only 15 mares bred the first year, and only 35 mares bred the
second year. You can do better than that
if you work at it.
I’ve
been conservative. You can be too, and
still make a great return on your investment and efforts.
If
you get very, very lucky, the sky is the limit.
You could make millions.
But,
you protest, “What if I don’t get the number of mares projected each year?”
And
I reply, “That could happen whether the horse is syndicated or not. And it probably will.”
If
you own and attempt to stand even a qualified stallion, the chances are good
you won’t get enough mares per year to make it pay. Very few stallions do.
If
you don’t think that is true, and you don’t want to believe my earlier
statistics, just open any equestrian magazine and pick out any stallion being
advertised, even the top ones. Now
multiply the breeding fee times 40 mares per year and that is his income. Subtract the cost of the stallion, his
maintenance for a single year of his life, annual advertising, insurance, and a
few thousand for incidentals and you’ll see there is little or no profit.
Now
figure the same stallion syndicated for $100,000 or $2,500 per share. If everything stays the same—costs and
income—you’ll be ahead by $40,000 or $50,000.
That ain’t hay.
It’s
not the stallion which makes money; it’s his syndication, based on his
potential.
Stallions
can make money for you. But it won’t
usually be in the conventional way.
Syndicate
and you will make money in the form of return on investment as a share holder.
Syndicate
and you will make money as the general partner, through salary for services.
Syndicate
and you will make money boarding and caring for the stallion ($16,000 per year
in expenses, remember. That’s in your
pocket.)
And
if you syndicate, you will make money from the revenue generated by mares
brought to the farm for breeding.
Follow
the rules. Syndicate, be willing to get
out and sell the horse’s potential, and have your
shareholders sell their friends and neighbors, then wait a few years.
SYNDICATION OR LIMITED PARTNERSHIP GUIDELINES
How
you go about establishing a syndication is up to you.
You
can approach syndication several ways.
You can be casual, writing a very simple agreement to be used strictly
with friends and neighbors, without making a public offering. Or, you can make a public offering. In either case, you may wish to use the services
of an attorney to prepare your partnership agreements.
The
choices are up to you. I want to make it
perfectly clear, I am not, nor are the schools, HorseCoursesOnline.com, Equine
Studies Institute or
WARNING: Shares in limited partnerships are considered
securities under all state and federal laws.
The offer for, and sale of securities, are regulated by law. If you want to prepare a limited partnership
agreement, the following is a guideline only.
It should be used only to offer ideas as to what you may wish to include
and cover in the agreement. The
following information is provided as suggestions only. Consult an attorney to create a Certificate
of Limited Partnership, a document which must be filed in the state in which
you are establishing the partnership.
A
limited partnership, or syndication, usually consists of a general partner (in
this case, that would be you) and several limited
partners. You, as general partner, would
have control over partnership affairs, and would make all the decisions
concerning the partnership’s business.
The
general partner may or may not invest in the partnership.
The
general partner—keep in mind this is you—has unlimited liability for all
partnership debts and obligations.
The
limited partners are not active in the day-to-day business activities of the
partnership. They only invest money, and
therefore their liability is limited to their investment. If the partnership is sued, creditors cannot
attach the personal assets of limited partners.
The partners are protected.
You
can have a few limited partners, or up to 40, the number or shares you would
expect to sell in a stallion. (The
stallion will be expected to cover 40 mares per year—one for each
partner.) A limited partner may buy any
number of shares, so some partners may have two shares, while others could have
10 or more shares. The idea is to sell
out the total number of shares planned to produce the total amount of venture
capital needed.
You
must keep complete records on all persons entering the partnership. List yourself as the general partner, and
then list all the limited partners, including their residences, businesses and
e-mail addresses, phone numbers and fax numbers. In addition, you will keep an updated record
of the shares purchased. The partners
are not required to give the business additional money if it is needed at a
later date, but they can do so. Careful,
accurate record keeping is a must.
Name
the partnership. When syndicating
stallions, the partnership is usually named after the stallion, such as, “Paint
Me Profits” limited partnership.
You
must name the principle place of business of the partnership, which is usually
the general partner’s ranch or business.
Always
develop a statement of the purposes of the partnership, such as: “The partnership
is engaged in the business of acquiring and standing at stud the Paint horse,
Paint me Profits.”
The
division of profits and losses must be clearly stated. Each partner’s profits or losses will be
based on his percentage share of the total partnership. If the partner owns 10 per cent of the total
partnership, then his division of profits should be 10 per cent, or his losses
would be 10 per cent. A limited partner,
however, cannot lose more than he has invested.
The
compensation to the general partner for the work performed for the partnership
should be clearly indicated. This is
another way horses can make you money, so be sure you pay yourself adequately.
Also,
be sure to include a statement that the general partner is NOT required to devote
full-time effort and attention to the partnership.
The
following is a bare bones sample of what a limited partnership agreement might
include. You are welcome to use the
information provided, but again, I warn you that making a public offering has
many legal implications. You should have
an attorney represent you.
The
first step is to say who is taking part in the agreement (the general partner
and the limited partners), and the date the agreement is being drafted.
The
first article will define the
partnership.
Include
a statement of formation which will tell where the partnership is being
established, the name of the partnership, the purpose of the partnership, the principle place of business and the term of the
partnership. The partnership usually
ends when the main asset of the partnership—the stallion—is sold or otherwise
disposed.
Establish
a list of definitions. Things to be
included are the terms “agreement, adjusted investment capital account,
assignee, cash available for distribution, general partner, limited partner,
net income and loss, a substituted limited partner” and the term “vote.”
The
second article of the partnership names
the general partner and outlines the obligations of the general partner, how
the general partner might be replaced, how additional limited partners may be
admitted, and what will be given each limited partner as evidence of his
interest in the partnership. (Perhaps a certificate.)
The
third article will explain the means of
capitalization—total amount to be sought—the contributions by the general
partner and the limited partners, and the method by which calls for additional
capital may be made. This section should
clearly state any interest which would be paid on contributions and whether or
not there can be withdrawals or return of capital. Be sure to limit the distribution of any
partnership property to “cash only” so the stallion cannot be taken out of your
control. You will also want to make it
understood the general partner can award a distribution of cash to partners
whenever deemed reasonable, if cash available for distribution has been
sufficiently generated through profits, sales, etc.
This
is also the place to award the general partner immediate reimbursement for any
and all expenses advanced for the partnership.
The
fourth article can cover the allocation
and distribution of profits and losses.
Here
you must establish exactly what you will pay the general partner. If, for example, you want to get 30 per cent of
the profits, take the 30 per cent off the top, then split the remaining money
according to the percentage owned by each of the limited partners.
Remember,
you are entitled, as the general partner, to be paid and paid handsomely for
your ideas and efforts.
Don’t
limit the general partner. Make it
possible for the general partner to be able to refinance or sell partnership
assets to provide cash for distribution.
Always keep the doors open for the general partner to be able to sell
the stallion if a profit opportunity arises.
Article five can determine the latitude allowed the general
partner in management.
The
idea is to acquire a stallion and operate a financially successful breeding
program, as well as other activities which the general partner feels would be
advantageous to the partnership as a whole.
Give the general partner plenty of room in which to operate, such as
acquiring other property—horses, corrals, barns, land, etc.—selling of assets,
or borrowing from third parties so additional money is available for allied
investments.
Place
restrictions on limited partners so it is difficult for them to take part
directly or indirectly in the day-to-day business operations. You want the limited partners to promote the
stallion with others and help make the operation profitable, but you don’t want
them in your way. Give the limited
partners the right to act, if so desired, as a contractor, agent or employee of
the partnership, to consult with the general partner, to act as surety for the
partnership or guarantee one or more specific debts.
Be
sure to include a statement that the limited partners authorize the general
partner to act alone in acquiring property, entering contracts, arranging
financing or completing other arrangements needed to reach the goals of the
partnership.
You
must make a generic statement regarding the standard by which the general
partner conducts business. Say something
like “unless fraud, deceit, or wrongful taking is involved,” the general
partner is not liable or obligated for mistakes resulting in any loss to the
partnership or partners.
Make
it difficult for the limited partners to remove the general partner.
Make
removal based on cause, defined as dereliction of duty directly related to
dishonesty, fraud, improper use of partnership assets, or self dealing to the
detriment of the partnership. Require at
least 75 per cent of the partnership to vote for removal at a general
membership meeting which represents 100 per cent of the partnership shares.
The
sixth article can deal with records and
accounts.
Keep
the partnership on a cash basis and close the accounts annually, making the
fiscal year the same as the calendar year.
The
required records, which should be kept at the general partner’s office, will include
a current list of all limited partners, a copy of the Certificate of Limited
Partnership, if such exists, copies of the limited partnership’s federal, state
and local income tax information, copies of the agreement and amendments and
financial statements.
It
should be noted that upon request, any limited partner can get a copy of the
records and he can inspect the records during normal business hours. The general partner should furnish financial
statements on an annual basis, plus a report of progress when deemed necessary.
Of
course the general partner must open a bank account in the name of the
partnership. All partnership funds and
no other funds shall be deposited into the account.
Article seven can define the rights, powers, duties and restrictions
of the partners. It is important that
the first section give the general partner the full and exclusive control over
the management, conduct and operation of the partnership in all matters.
Again,
the general partner should not be required to devote full time to the business,
and again, a salary or form of compensation should be stated.
The
limited partners should have voting rights on the following matters: a change
in the nature of the partnership business, a transaction in which the general
partner has a conflict of interest, the removal of the general partner, loans
to the partnership, transacting business with the partnership and partners
engaging in other businesses.
Article eight list all the requirements
for meetings, such as notification, how a meeting can be called and w here it
can be held, what constitutes a quorum, requirements for limited partners to
act and proxies.
You
will need an explanation of how the general partner and the limited partners
can assign or transfer their interests in the partnership. This can be tricky and legally sticky.
Normally,
the general partner is not allowed to transfer or assign any interest in the
partnership to anyone.
However,
the best thing to do, in my opinion, is to keep it simple and say interests can
only be transferred to family members.
A
limited partner can, of course, sell his interest at any time, upon the
approval of the general partner and the other limited partners. Requiring approval of the sale of an interest
protects the other partners from being burdened with a partner they do not want
for various reasons.
The
death, bankruptcy or incompetence of a limited partner should not keep that
partner or his heirs from all rights under the partnership.
Article nine might cover the liability of the partners. The liability of the general partner is
usually unrestricted. The liability of
the limited partners is restricted and limited to the amount of actual capital
contribution each partner has made.
Partners
should not be allowed to disclose to any non-partner any of the partnership
business practices, trade secrets or other information not publicly known. No partner should act contrary to the
agreement or detrimentally to the success of the business or make it impossible
for the partnership to carry on the business.
The
general partner should not use any of the assets of the partnership, directly
or indirectly, for any purpose other than the conduct of the partnership
business.
There
should be a section of indemnification in which the partnership agrees to act
to protect the general partner if he were threatened, or named in a proceeding,
and the partnership agrees to pay legal costs to protect the general partner.
The
next article could cover the dissolution of the partnership which should take
place when the purposes of the agreement have been met, or when the assets of
the partnership have been sold.
The
partnership could also be ended with the loss of the general partner, or by
judicial decree.
You
may wish to add a section in which it specifies the general partner is not
obligated to tell the partnership about any other investment opportunities
which might be available, and that the general partner has the right to take advantage
of such opportunities. Frequently,
during the normal course of doing
partnership business, the general partner will be afforded the chance to
participate in other profit centers. The
right to do so should not be compromised.
End
your agreement by stating that amendments may be made by a vote of the general
partner and a majority interest of the limited partners entitled to vote. Any amendment shall be in writing, dated and
executed by consenting partners.
Finally,
state that the agreement contains the entire understanding of the partners and
supersedes any prior written or oral agreements.
“There
are no representations, agreements, arrangements or understandings, oral or
written, between and among the partners relating to the subject matter of this
agreement that are not fully expressed herein.”
Once
a limited partner signs the agreement and gives you his investment money, there
can be little argument as to who is in charge, and that you have the right to
conduct the business affairs as you see fit.
Using
this guide you can, with some effort, write an agreement to serve your
purposes.
Syndications
are a good way to raise capital, a good way to be compensated for your efforts
and an excellent way to make money with stallions.