Contractual Joint Venture Contract – JV Partnership
A legally binding Cooperative JV contract will be very similar to the Article of Association. It will be required by the approval authority, as one of the application documents. It should generally include, but is not limited to, the following item:
Ø All parties to the contract - name, country of origin, official address, legal representatives names, legal representatives citizenship
Ø JV partnership name, official address, business activity, business scope, business size and projected period of operation
Ø The registered capital, total investment, each parties contribution amount/percentage, the form of capital injection, time line for capital injection, remedies for non-compliance of capital
Ø Profit and loss participation rates of all parties
Ø Board of Director appointments, BoD appointment rights of each party, general manager/senior management appointments, general manager/senior management role and duties
Ø Required operational equipment, required operational technology, equipment/technology supply source
Ø Raw materials to be purchased in
Ø Accounting methodology/principles
Ø Human resource matters relating to employee salaries, social benefits and insurance
Ø Dispute resolution of JV partners
Ø Liabilities relating to breach
Ø Wrap up and liquidation procedures
Ø Language which is recognized as the official language related to the JV contract
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