- The first step is to identify and select the best partner after proper due diligence is the most significant of all.
Foreign companies can set up their operations in India by entering into strategic partnership with Indian entities and forming a Joint Venture (JV). It is important for the foreign company to elect a local partner with whom it wants to enter into a joint venture. The most common reasons for businesses to decide to enter into a joint venture include gaining access to new markets, increasing market power, and sharing resources. Unlike a partnership or merger, each of the businesses in a joint venture maintains its independent business identity and simply agrees to work together in a limited and specific way to achieve a common business goal.
A Memorandum of Understanding or a Letter of Intent is to be signed which will state the basis for the joint venture agreement. A thorough discussion of all the terms should be done and they must be consistent with regional as well as international law. Terms and conditions should be properly assessed before signing the contract. Negotiations need an understanding of the cultural and legal background of all the involved parties. The JV union should obtain all the required governmental approvals and licenses within a specified period. Approval from RBI or FIPB as applicable is required to enter into JV agreement.
In equity joint venture an independent legal entity is created in accordance with the agreement of two or more parties. The associated parties undertake to provide money or other resources as their contribution to the capital or assets of the corporate entity. This structure is ideal for long-term, broad-based joint ventures, and include joint venture companies and joint venture limited liability partnerships (LLPs).
This type of joint venture might be used where the organization of a detached legal entity is not needed or the creation of such a separate legal entity is not feasible. This type of agreement is preferred in situations that involve a temporary task or a limited activity, or the JV needs to be established for a limited term.
In the case of a capital-intensive project, the incorporated joint venture structure is usually preferred over the unincorporated joint venture structure owing to its ability to source huge amounts of capital resources by means of equity, debt or other avenues of financing.
Unincorporated joint ventures permit partners to enter into strategic alliances without the formality of a corporate vehicle.
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After setting Joint Venture, we will apply for other registrations as required.