Joint Venture Agreements Generally Require A Very Low
The addition of independent directors, most often observed in large joint ventures or multi-party companies, often targets one or more of the following objectives: 1) to provide an independent perspective for resolving disputes that may arise between the parties; (2) the provision of technical, commercial, management or capital acquisition know-how that venture capital partners do not have; (3) the representation of the collective interests of small partners whose own representatives are not entitled to appoint their own representatives to the Board of Directors; and (4) to increase the importance of the joint venture when independent directors are recognized as experts in the joint enterprise sector or are prominent members of the Community in which the joint venture operates. Glover (2012). However, THE CJM differs from the AIJ by the absence of minimum limits for the foreign partner. Other differences are as follows. A LJC should not be a stand-alone corporation under CPP law.1 Partners of a LCJC may share the benefits on an agreed basis, and not necessarily in relation to the capital contribution. (On the other hand, the profit, control and risk of an EJV are distributed in relation to the shares invested by the parties.) This share also determines the control and risks of the company in the same proportion. A JJC could authorize negotiated financial management and control systems, as well as recourse methods related to equipment leasing and service contracts. In an AJE, management is provided by the allocation of board seats. During the life of the business, the foreign participant can recoup his investment provided that the contract requires that all fixed assets be transferred to the property of the Chinese participant after the termination of the joint venture.
Investment companies are companies incorporated in China exclusively by foreign companies or in conjunction with Chinese partners who make direct investments. It must be incorporated as a limited liability company. Local requirements must be met. The control partner must often be a resident. Local laws can also define how joint business managers and board members can be appointed and removed and to what extent intellectual property is protected. The parties to the joint venture must decide in advance the jurisdiction applicable to the resolution of disputes. Often, each party to the joint venture wants the laws of their country of origin to apply in the event of a dispute. A normal compromise is to choose the legislation in force in a neutral country. There is no defined legal structure for a joint venture. This means that your business collaboration can take the most appropriate form for your project. A joint venture may be: Sony Ericsson is another famous example of joint venture between two large companies.
In this case, they joined forces in the early 2000s to be a world leader in mobile telephony. After several years as JOINT, the company eventually became solely owned by Sony. Once the joint venture is completed, all parties will receive their share of the profit or loss and the agreement on the creation of the joint venture will be terminated. While there are advantages to creating a joint venture, there are also drawbacks to companies that enter into such an agreement. Perhaps you would also like to see what other companies are doing, especially those operating in markets similar to yours. If you see them using joint ventures, you can choose the best approach for your business. At the same time, you can try to identify the skills they successfully use for the partner. A joint venture can use the combined resources of both companies to achieve the company`s objective.
One company could have a well-established manufacturing process, while the other company has superior distribution channels.
Originally published on April 10, 2021