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How to Enter and Draft a Joint Venture
Agreement? .
Selection of a good local partner is the
key to the success of any joint venture. Once a partner
is selected generally a Memorandum of
Understanding or a Letter of Intent
is signed by the parties highlighting the basis of the
future joint venture agreement.
A Memorandum of
Understanding and a Joint Venture Agreement must be
signed after consulting lawyers well versed in
international laws and multi-jurisdictional laws and
procedures.
Before signing the joint venture agreement, the terms
should be thoroughly discussed and negotiated to avoid
any misunderstanding at a later stage. Negotiations
require an understanding of the cultural and legal
background of the parties.
Before signing a Joint Venture Agreement
the following must be properly addressed:
- Dispute resolution agreements
- Applicable law.
- Force Majeure
- Holding shares
- Transfer of shares
- Board of Directors
- General meeting.
- CEO/MD
- Management Committee
- Important decisions with consent of partners
- Dividend policy
- Funding
- Access.
- Change of control
- Non-Compete
- Confidentiality
- Indemnity
- Assignment.
- Break of deadlock
- Termination.
The Joint Venture agreement should be subject to
obtaining all necessary governmental approvals and
licenses within specified period.
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