What’s the Difference Between a Low-Equity and a Non-Equity Partner? - Rosenberg Associates (2024)

What’s the Difference Between a Low-Equity and a Non-Equity Partner? - Rosenberg Associates (1)Firms ask me this question all the time. Here’s my response:

Short answer
Non-equity partners don’t usually have the same “rights” that equity partners have: a vote, capital buy-in, goodwill-based retirement benefits, obligation to pay retirement benefits to others, legal liability and a share in the profits.

Short answer REFUTED
Most firms never take a formal vote; capital buy-in is nominal these days and is usually paid via salary reduction over several years. A growing number of non-equity partners are being included in the partner retirement plan, albeit at a lower participation rate. Further, although in theory non-equity partners don’t receive a share of the firm’s profits, most firms compensate all partners – both equity and non-equity – based on the value of their contributions to the firm, not on an arbitrary profit-splitting percentage, and legally, though non-equity partners don’t have any legal liability, as a practical matter, the vast majority of partners never have to deal with serious liability issues throughout their entire careers.

Initial conclusion
Some firms tell me: “The differences between the two positions are minimal, so why bother with the non-equity partner position? Just make them a low- equity partner.” Invariably, I hear this from firms struggling to “sell” the non-equity partner concept to others in the firm. The main problem is that non-equity partners feel like second-class citizens. Everyone in the firm “knows” the non-equity partners are not equity partners. In these cases, I have often found that equity partners go out of their way (not maliciously) to treat them like employees. No wonder they don’t feel like partners.

Four excellent reasons to have non-equity partners

  • The position is a great partner-in-training slot; a chance for both the individual and the firm to live together as partners for a while before the “wedding”
  • It’s a way to keep the bar high on becoming an equity partner
  • If the non-equity partner lacks the requirements to be an equity partner (usually business-getting), the firm avoids paying out excessive compensation and retirement benefits
  • The non-equity partner position is a great staff retention stratagem. There is a lot of value, prestige and cache in having “partner” appear on your business card. And remarkably, it has been known to trigger latent selling abilities in non-business-getters.

The final word.
Over 50% of all firms today have non-equity partners, so it must be working.

What’s the Difference Between a Low-Equity and a Non-Equity Partner? - Rosenberg Associates (2024)

FAQs

What’s the Difference Between a Low-Equity and a Non-Equity Partner? - Rosenberg Associates? ›

What's the Difference Between a Low-Equity and a Non-Equity Partner? Non-equity partners don't usually have the same “rights” that equity partners have: a vote, capital buy-in, goodwill-based retirement benefits, obligation to pay retirement benefits to others, legal liability and a share in the profits.

What is the difference between equity partners and non equity partners? ›

EQUITY VS NON-EQUITY PARTNERS

An equity partner is an owner of a law firm. Non-equity partners do not have the same job security as equity partners. Most non-equity partners receive a salary instead of partnership distributions. Depending on how the firm is set up you maybe paid by W2 or K1 schedule.

What is the difference between equity and non equity? ›

From an investor's perspective: Equity investments offer higher potential returns with greater risk, while non-equity investments provide more stability and lower returns. The choice depends on your risk tolerance and financial goals. Diversification is often advisable to balance risk and reward.

What is the difference between equity and non equity alliance? ›

The market views equity investments in alliances as more valuable than toeholds taken by potential acquirers without a product market relationship. Non-equity alliances, on the other hand, do not involve the exchange of equity stakes.

What are the benefits of a non equity partner? ›

Income partners often have a guaranteed base salary, providing them with less earnings risk than equity partners have. Because most compensation programs offer non-equity partners a share of net income, their focus on profit performance is heightened.

Is a non equity partner an owner? ›

Non-equity partners don't have to buy-in, but also don't have an ownership stake in the firm. Non-equity partners often continue to receive a salary as their compensation—instead of being paid based on firm profits.

How much does a non-equity partner at Kirkland make? ›

$275K (Median Total Pay)

The estimated total pay range for a Non Equity Partner at Kirkland & Ellis is $206K–$384K per year, which includes base salary and additional pay.

Do Non-Equity actors get paid? ›

Non-equity actors give up AEA membership benefits and often earn less money than their equity counterparts. When negotiating contracts, you are under no earning restrictions. You can work for as little or as much as you are willing to accept, creating a large variance in non-equity earnings.

How does an equity partner get paid? ›

Equity partners are paid in either a monthly or quarterly “draw” which is a distribution of the firm's profits over a certain period of time. This draw can be determined by a compensation committee, agreed to by fellow partners, or may be based on the performance of billable hours.

What are the benefits of equity partners? ›

Benefits of equity

The equity partners of a growing and profitable firm can expect to take home an outsized share of the financial rewards. Holding equity also gives a partner a stronger voice in firm governance in the form of voting rights. Voting rights and partner compensation are often closely connected.

What is an example of a non-equity alliance? ›

In a non-equity alliance, two companies share resources and proprietary information. An example of this happening in real life is the relationship between Kroger and Starbucks.

What is a non-equity alliance? ›

A non-equity strategic alliance is created when two or more companies sign a contractual relationship to pool their resources and capabilities together. Learn more in CFI's Corporate and Business Strategy Course.

What is a non-equity relationship? ›

We define a non-equity alliance as a relationship between two or more companies, aimed at achieving a common objective by coordinating efforts, while each party retains its organizational independence, and no new equity entity or corporation is created.

What is a non equity partner called? ›

For many firms, a non-equity partner is someone who carries a partner title but is not an owner of the firm. Some firms use the terms “principal” or “director” to describe the same function.

Does a non-equity partner receive a K-1? ›

Some places refer to this position as an “income” or “non-equity” partner, distinct from the equity partnership. The firm issues K1 forms instead of W2s to these non-equity/income partners.

How much do non-equity BigLaw partners make? ›

How much does a Non Equity Partner make in California? The average Non Equity Partner salary in California is $226,013 as of April 24, 2024, but the range typically falls between $189,755 and $271,700.

What does it mean to be an equity partner? ›

An equity partner is like a close ally who joins forces with you in your business journey. They invest their resources, be it capital, skills, or experience, in exchange for a share of ownership and profits. Equity partners don't hold “equity”, insofar as equity generally refers to a holding of shares or options.

What does it mean if someone is an equity partner? ›

An equity partner is an individual who holds an ownership stake in a business, with the most prominent example being a law firm. Equity partners have financial interest in the success of the firm because they share in the annual profits and losses, based on the equity percentage they own.

What is a non-equity partner in business? ›

A partner who is entitled to a fixed share of partnership profits and, depending on the terms of any partnership agreement, may not be required to contribute to partnership losses. Non-equity partners may also have more limited voting rights than equity partners.

What is a non-equity partner called? ›

For many firms, a non-equity partner is someone who carries a partner title but is not an owner of the firm. Some firms use the terms “principal” or “director” to describe the same function.

Top Articles
Latest Posts
Article information

Author: Arielle Torp

Last Updated:

Views: 6406

Rating: 4 / 5 (61 voted)

Reviews: 84% of readers found this page helpful

Author information

Name: Arielle Torp

Birthday: 1997-09-20

Address: 87313 Erdman Vista, North Dustinborough, WA 37563

Phone: +97216742823598

Job: Central Technology Officer

Hobby: Taekwondo, Macrame, Foreign language learning, Kite flying, Cooking, Skiing, Computer programming

Introduction: My name is Arielle Torp, I am a comfortable, kind, zealous, lovely, jolly, colorful, adventurous person who loves writing and wants to share my knowledge and understanding with you.