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Joint Venture Agreement Sample
Parmod Bansal
The strategy behind a joint venture is that it should be an alliance between businesses with complementary capabilities. Capabilities are factors such as finance, technology, distribution and personnel. Your company may have great distribution channels but lacks the finance. You should enter into a joint venture with a business that has the financial capability but has poor distribution.
So that everyone in the joint venture gains, and gets what they want from it. But conflicting views among the parties to the venture can spoil the party. So here are some things you should look at before you become party to one:
Do a background check
When choosing a business partner, make sure you are dealing with somebody you can trust and who you can rely on to be a responsible partner. Remember that in a joint venture, your reputation is as much on the line as your partner's. Consult third parties in order to verify the credentials of your partner to be.
Business Plan Development
All parties involved should take part in developing a business plan for the joint venture. The plan should be developed using a short list of prospective partners. It should also clearly define the goals of the venture, and how success will be defined. The plan should also contain a mutually agreeable exit strategy and terms of the joint venture's dissolution. Provisos for an unexpected dissolution before the term is up should also be included.
Registering the company
There are many different ways to structure a joint venture. Limited Liability Corporations can be formed, as well as other types of new businesses. Many fast growing companies structure their joint ventures as strategic corporate partnerships. Do your research to decide the best way to register your venture.
Property and resources
Ensure that what each partner brings in terms of land and buildings, revalued or depreciated and other resources are clearly spelt out. Remember to establish whether any conditions attached, like limitations on use of property. Clearing all issues at this stage will help avoid monetary problems down the road.
Special Allocations
Decide how to apportion special gains or losses, and income and deductions to each member before you sign on the dotted line. And at the same time, establish how to recompense members who make particular services available
If these issues cannot be worked out, maybe it is time to partner with someone else. If you can work out all of these issues satisfactorily before you form a joint venture, then you will likely find success in a profitable partnership.
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