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Checklist for Intellectual Property Partnership and Joint Venture Agreements

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Multi-State
Control #:
US-TC0516
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Description

Unlike many other corporate agreements, technology-based joint venture and partnership agreements are usually highly customized. While no checklist can contemplate every relevant joint venture or partnership topic, it is possible to list many of the core issues that often present themselves in such settings. This list should be helpful when viewed in that context.

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FAQ

All companies registered in India, even those with up to 100 percent overseas equity, are considered the same as local companies. Corporate joint ventures are regulated by the Companies Act, 2013 and the Limited Liability Partnership Act, 2008.A JV may be formed with any of the business entities existing in India.

Joint venture are not required to file formal paperwork or documentation of status with state or federal governments. Instead, development of a joint venture is contractual and involves one business entity entering into a contract with another entity.

1the structure of the joint venture, e.g. whether it will be a separate business in its own right.2the objectives of the joint venture.3the financial contributions you will each make.4whether you will transfer any assets or employees to the joint venture.Joint ventures and partnering - Info entrepreneurs\nwww.infoentrepreneurs.org > guides > joint-ventures-and-partnering

Likewise, a joint venture is not specifically required to acquire a separate Employer Identification Number (EIN) from the IRS. General partnerships must, by law, apply for an EIN upon formation of the company and must file a business return form 1065 each year.

While signing a Joint Venture agreement, the following clauses must be properly examined such as: Object and scope of the Joint Venture; Equity participation by local and foreign investors and agreement to a future issue of capital; Management Committee; Financial arrangements; The composition of the board and

The structure of the joint venture, e.g. whether it will be a separate business in its own right. the objectives of the joint venture. the financial contributions you will each make. whether you will transfer any assets or employees to the joint venture.

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.

If the business name holder is a joint venture you don't need a separate ABN for the joint venture. Hence, you can apply to hold a business name as a joint venture as long as each entity in the joint venture has an ABN or an application reference number.

Due diligence doing a background check on your partners. determine the scope and documenting your objectives, roles and goals. working out the structure of the JV what form will the JV take and how will it be founded.

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Checklist for Intellectual Property Partnership and Joint Venture Agreements