8. What are the services provided to investors?

  • Communication/correspondence: at what intervals will reports on the condition, progress and location of your horse(s) be sent? Who will be responsible and via what mode (written or oral communication) will this information be disseminated?
  • Perks: as you may be paying a premium, will you be provided with special racetrack accommodations on race days? Will you be given access to the stable area? Are you welcome to visit your horse? Will you be supplied with some sort of income or other financial statement for your tax purposes?
  • Licenses: according to the Association of Racing Commissioners International Model Rules, each person who has a five percent (5%) or more ownership or beneficial interest in a horse is required to be licensed. Names of owners of less than five percent (5%) must be disclosed in an affidavit filed by the partnership which also states that these persons are not presently ineligible for licensing or suspended in any racing jurisdiction.

9. What are the conditions for transfer of shares and dissolution of the partnership?

Many partnerships require investors first offer their shares to the existing partners; however, determining a transfer or sale value can be difficult. On occasion, the partnership will employ an expert to determine this issue, but it is far more common to disburse partnership interests at public auction.

As an investor, you may know how long you are committed to participate in the investment. If you are involved in a racing partnership, what happens when the horse retires from racing? Is the horse to be maintained for breeding purposes? Will it be sold publicly or privately?

Other Options

You may also wish to explore forming your own partnership or seek a consultant, trainer, or bloodstock agent to match you with other interested investors. Be certain to discuss these issues with your partners.

Clearly, this option is more time-consuming; however, the advantages may outweigh the disadvantages. For example, common goals and criteria can be established and a plan developed from the outset with which each partner feels most comfortable.

Sample Co-Ownership Agreement