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Law governing the Joint Ventures in India: Equity-based Joint Ventures are regulated by the Companies Act 2013 because a new legal entity is formed which are either Public or Private Sector companies. Some other laws by which Joint Ventures in India are regulated: Competition Act, 2002.
Joint ventures can pose significant risks relating to liabilities, and the potential for conflicts and disputes between partners. Problems are likely to arise if: the objectives of the venture are unclear. the communication between partners is not great.
How to write a Joint Venture Agreement Establish the details of the joint venture. Add information about your industry, location, and which type of venture you'll form. ... Describe the members of the joint venture. ... Set terms for business management. ... Set terms to help avoid or manage disputes.
The parties to the joint venture must be at least a combination of two natural persons or entities. The parties may contribute capital, labor, assets, skill, experience, knowledge, or other resources useful for the single enterprise or project. The creation of a joint venture is a matter of facts specific to each case.
There are no specific laws in India for joint ventures when it comes to rules to register joint venture agreements. Nonetheless, the regulations governing FDI and FEMA and other basic contractual principles are applied in India, together with the parties' agreement on the choice of law and dispute resolution system.
There are four common types of joint ventures: project-based, functional-based, vertical, and horizontal.
There are certain liabilities and rights associated with any joint venture agreement. Some of the critical matters that need to be incorporated into a joint venture agreement with the help of a knowledgeable attorney include: Participation percentages and losses and profits.