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Joint ventures can take many different forms and can be defined in various ways. A common example of a joint venture involves two business entities or individuals with aligned strategic interests entering...
Joint venture participants should agree on a process for determining whether a participant is obligated to refer a business opportunity to the venture or whether the individual participant may consider the opportunity on a stand-alone basis. The most important element in agreeing...
One issue is whether the parties will agree not to compete with one another or the venture entity during or for some period of time after the termination of the venture. Noncompetition provisions could apply based on customer or geographic...
Another significant issue is whether one of the parties to the joint venture may elect to unwind and terminate the venture or whether both parties must mutually agree on a termination. Related questions involve whether one party would receive the opportunity to buy-out the other party's interest...
The joint venture agreement should also define the parties' obligations with respect to confidential information that is shared or developed during the term of the joint venture arrangement. Information sharing is often a sensitive matter within a joint venture...
Largely, any foreign entity can set up a joint venture in India; however, some entities may face restrictions as provided under the FDI Policy and FEMA, with respect to certain sectors where foreign investment is still prohibited and there are other prerequisites for investment...
