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During the drafting of the agreement, the following aspects should at least be included:

  • Definitions ( like technical terms specific to the industry)
  • Identity of the partners
  • Purpose of the joint venture
  • Scope of the joint venture
  • Activities of the joint venture
  • Validity period of the agreement including time span of joint venture
  • Contribution of each partner
  • Responsibilities and obligations of each partner
  • Equity share of the partners
  • Capital structure of the joint venture
  • Quality commitment from both partners
  • Scope of technology transfer
  • Terms of technology transfer
  • Training of employees
  • Management: structure including number of directors representing each party, systems, process and procedures
  • Authority limit to purchase capital expenditure, etc
  • Authority limits of cheque signatories
  • Ancillary and supplementary agreements covering suppliers and distributors
  • Preparation and submission of financial statement to the joint venture partners
  • Business policies
  • Profit sharing terms
  • Implementation schedule
  • Avenues for settlement of disputes and resolution of conflicts
  • Legal details for example compliance with any specific laws of the country
  • Event of breach and possible remedies
  • Events which lead to termination of joint venture partnership
  • Any other special clauses

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