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It is highly recommended, however, that a complete written agreement is created to avoid confusion and dispute at a later time. See our article on Oral or Written Contracts. The agreement entered into between the parties must evidence the intent of the parties to enter into a joint venture.
The JV is a legal relationship to which the law of contract applies. It can be created by conduct, orally or in writing. The key terms and conditions of the JV relationship should be set out in a written agreement.
An agreement (written or oral) between the parties manifesting their intent to associate as joint venturers. Mutual contributions by the parties to the joint venture. Some degree of joint control over the single enterprise or project. A mechanism or provision for the sharing of profits or losses.
Strategic alliances are similar to joint ventures - and you'll notice that many tend to use the two terms interchangeably - but there is one key difference: With a strategic alliance, no new legal entity is created.
SBA's current regulations provide that a joint venture can be awarded no more than three contracts over a two-year period. While SBA plans to keep the two-year lifespan for joint venture awards, it plans to get rid of the three contract maximum.