California Checklist - Joint Venture Agreement

State:
Multi-State
Control #:
US-ENTREP-0024-1
Format:
Word; 
Rich Text
Instant download

Description

Joint venture contracts are when two parties come together in an agreement for a specific business project. The contract outlines the expectations, obligations, terms, and responsibilities that are expected of both parties during the project. In a joint venture, the two companies no longer act as two separate entities, but rather function as a partnership for the purpose of the contract. Many elements go into a joint venture contract, but some of the most important items to include are: (i) The objectives that the joint agreement was created for (ii) A layout of the contributions provided by both companies whether in cash or assets, as well as the value of those contributions (iii) Each of the parties' individual functions in the project, such as technical contributions or commercial commitments (iv) Instructions on how the parties will meet to stay updated on the progress of the project (v) The length that the partnership will be in effect. (vi) Instructions for how the agreement can be terminated if it no longer works out (vii) Terms laid out for who will manage the day-to-day options of the project (viii) Whether profits will be based on the level of contribution of each party or by a specific formulation (ix) A section that includes specific terms for details of the project such asconfidentiality agreements.
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FAQ

The joint venture agreement should address these issues by including joint authority, joint ownership, a joint committee to oversee the joint venture, dissolution notice procedures in case of a termination or expiration of the joint venture partnership agreement (by expiration date), rights and obligations of each ...

How to form a joint venture in 5 steps Find a partner. First, finding a joint venture partner (or more than one partner for larger joint ventures) starts with clearly defining your objective. ... Choose a type of joint venture. ... Draft a joint venture agreement. ... Pay taxes. ... Follow other applicable regulations.

California law dictates that a joint venture is virtually identical to a general partnership. For example, neither group needs to register with the Secretary of State (SOS) or submit written documentation in order to legally operate.

Specifically, like a general partnership, a joint venture does not have any filing requirements with the California Secretary of State in order to be formed. All that is necessary to form a joint venture is a written or oral agreement, or an agreement implied by the parties' conduct.

There are a variety of ways to structure a joint venture: Collaboration agreement or contractual joint venture. ... Joint venture by way of legal entity. ... A limited company. ... What are the benefits of choosing a limited company? ... A limited liability partnership. ... A legal partnership.

Joint Venture Documents Corporate. e.g. Shareholder & Partnership Agreements, Board Minutes and more. ... Employment. Employment Contracts, Policies, Procedures, Letters and much more. ... Health & Safety. e.g. Statements, Policies, Risk Assessment Forms and much more. ... Property.

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.

If your joint venture is simply two or more companies working together toward a common goal without forming a new entity, you will need a detailed contract spelling out the role of each party, contributions, decision-making power, the right to revenue distributions, and many other details.

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California Checklist - Joint Venture Agreement