Chapter 15
My phone was ringing and it was Mathild.
“Ken, how did you find out that SB’s new shop doesn’t have an FDA license? You bitter.You Mother F&cker.F&ck you…”
He seemed to be drunk again. Feeling tired, I just moved my phone away from my ear. We had a saying that if someone got angry, I might be onto something right. It is very easy to chase business infos through lawyers app.Also Its lucky for me to take lesson from Oliva before about distance with business circle.
Soon, Mathild sent an email to all partners that contained inappropriate language with all dirty street words. I understand that he may be trying to distance himself from me due to his wine business. If not. partner SB would believe we still got friendship.
The email arrived around 2am, and I suspected he might have been under the influence of alcohol again. Despite the harsh words, I wasn’t too bothered by them, although they did make me a bit uneasy in some ways.
I replied to all my partners:
"Good morning, Mathild!
I just wanted to clarify that I’m not a chef or shop manager. I actually work as a consultant for the back office.It`s not easy for me to invest in a restaurant.
Business is built on trust and sharing risks. Trust is important, so it’s necessary to have a contract to protect both parties. It’s not wise to leave personal information on legal documents with people who can’t be trusted.
SBs new shop is stealing our staffs and clients. Its unacceptable for me.Our shop doesn’t have the required fire and environmental licenses, and there has been deception regarding the FDA license. I am unwilling to take on more risks after partner SB violated the contract with our chef and shop manager. Please find a lawyer to communicate using legal language instead of emotional words."
No one replied or they lost.
Partner SB called me again and said,
“Ken, I know you’re not a bad person. Why do we have to involve lawyers?”
I responded, “SB, you have your strengths and I’ve supported you with money and knowledge. But it’s not fair during construction. Where was your shop before you met me? And who are you to judge if I’m good or bad? We just have different perspectives.”
Partner SB replied, “Ken, it wasn’t my decision to bring in a chef and manager for the new shop with the designer. It was a collective decision from everyone except you because you’re not in the WeChat group.”
I asked, “What do you mean by ‘everyone’? Will the chef and manager stay silent if they’re paid well? Mathild has wine and the HK guy is your tailor. Is there any legal process among shareholders allowing you to break our investment contract with their signatures?”
Partner SB then said, “I used my connections (guanxi) to resolve the FDA situation for our new shop. You’re wasting time. Why don’t you just name a price for your shares?”
To which I replied, “SB, that`s just a warning. According to the punishment clause in our agreement, it’s 1 RMB for all of your shares that we paid as sweat equity. Let’s stick to that clause and then I’ll take my percentage only after we see returns on our investment.”
Partner SB insisted,“Forget about the contract; now I deserve more and haven’t broken it as mentioned many times. Now others support me too. Do you understand?”
My response was firm: “we didn`t have any investment back. How dare you say so? I don’t care who talks like a winner; an eye for an eye.” Then I handed over the phone.
Soon, they sent a new email expressing their interest in purchasing my shares. I was surprised with happiness and I started to explain to them how to calculate shares in cashflow depreciationwhich Ileaned from uk pizza concept and my Dutch running partner.
Always new stories. When they changed their minds again, citing the reason that their partner David’s ex-wife in Europe needed to sign legal documents for their children.
I am so stupid to stuck myself in this arguments.Maybe I should listen to partner SB that different timing with different contract.Maybe it is just about my terrible communication skills.Now when I look back.it`s the best lesson about communication skill ever in my life.Thanks
Finally I involved immigration and SB found his lawyer with companys support.I used the song “shape of my heart” from “Léon” to refresh my mind.Those were all my last cards in hands.Its my first business war so far and It`s heavy for me.I cannot explain to my family to share concerns.Lots of whishky and smokes like I’m the cop in the mission.Terrible.
Soon.Lawyers followed up in the court.Our final was coming.