Verified
Governance & Control · companion to the term sheet
Confidential
Aug 2026 · Draft

Governance does two jobs: it lets Steve run the business without asking permission for everything, and it gives David real protection on the decisions that put his capital at risk — with a mechanism so a disagreement can never freeze the company. Anchors for discussion, to be papered by counsel.

The control model — operator-led with investor consent rights

Steve — Manager

Full day-to-day authority: hiring, jobs, pricing, marketing, integration, vendors, and everything in the ordinary course. Runs the company under a management agreement.

David — consent rights

No role in operations. Holds veto/consent only on a defined list of "Major Decisions" that protect his capital (below). Approves major capital moves; doesn't manage.

Major Decisions — require David's sign-off

Everything not on this list is Steve's call. The list is short by design — it covers capital and structure, not running the business.

If you disagree — deadlock by domain

No one can freeze the other's core lane

Steve breaks ties on operational matters — how the business is run day to day. David can't stall operations.
David breaks ties on pure-capital matters — deploying new money at risk. Steve can't force capital out the door.

The overlap (a big acquisition is both) forces you to actually align — which is the point. A pre-agreed escalation/mediation step sits in front of anything truly stuck.

Steve's protection as operator

For-cause removal only

David cannot remove Steve at will — only for fraud, gross negligence, or material breach. The operator who's building the whole thing isn't fireable on a whim.

Salary floor & vested carry survive

Steve's staged salary is a senior operating expense — paid ahead of David's preferred return — and is floored (it never drops below the tier reached), set by objective triggers in his Employment Agreement, not annual board discretion. If he is ever removed, his vested promote/carry is retained and back-office cost recovery can't be cut unilaterally. The sweat already put in is protected.

Transparency & reporting — trust, but verify

Sarah keeps the day-to-day books in QuickBooks Online; David's Besins Group controller gets view access and does a monthly/quarterly review, and David receives monthly financials. This gives David real, low-cost oversight of his capital — and it neutralizes the one soft spot in having Sarah (Steve's wife) on the books: an independent controller reviewing her work is textbook clean, and it produces the buyer-ready books that lift the exit.

Proposed framework, to be documented in the operating agreement — not a binding agreement. These governance terms between Steve and David must be drafted by qualified Arizona counsel; thresholds, deadlock mechanics, for-cause definitions, and removal/vesting provisions carry legal specifics that matter. Not legal advice. Prepared with Claude · The Lugo Team · Confidential.