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A joint venture (JV) is a business arrangement in which two or more parties agree to pool their resources for the purpose of accomplishing a specific task. This task can be a new project or any other business activity.
The JV agreement establishes duties, obligations, responsibilities, and expectations for all parties. The scope of obligation and duties may vary by entity. Some joint ventures are 50/50, but many others have one organization providing more of a particular asset or resource than the other.
Since the joint venture is not a legal entity, it does not enter into contracts, hire employees, or have its own tax liabilities. These activities and obligations are handled through the co-venturers directly and are governed by contract law.
Define the business purpose and goals of the joint venture. Determine the structure of the joint venture. Develop a clear understanding of the roles and responsibilities of each party. Negotiate and sign a joint venture agreement. Establish a governance framework for the joint venture.
Structuring A Joint Venture Agreement: 8 Important Elements 8 Key Elements in a Joint Venture Agreement. ... The identity of the businesses involved. ... The purpose of the joint venture. ... Resources to be shared. ... Sharing of profits and losses. ... Rights and duties. ... Dispute resolution. ... Governance.
drafted joint venture agreement should cover essential aspects such as the purpose and goals of the venture, financial contributions, profitsharing arrangements, roles and responsibilities of each party, governance structure, dispute resolution mechanisms, exit strategies, and the duration of the venture.
What will each party do, and how will they do it? How will any property (including intellectual property created by the JV) be owned and dealt with? Who will be part of the management team for the JV and what will their obligations include? Also consider the scope of the business and territory of the JV.
Exit plan for joint ventures selling the assets. listing the joint venture company on a public exchange. transferring the interests from one joint venture party to another. selling the interests to a third party.