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50 50 Joint Venture Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes a joint venture with equal (50-50) ownership between two parties. The document outlines the terms and conditions for forming and operating the joint venture, including capital contributions, management structure, profit sharing, and decision-making processes. It complies with the Indian Companies Act 2013 and other relevant Indian legislation, incorporating necessary provisions for corporate governance, shareholder rights, and dispute resolution mechanisms specific to the Indian legal context.

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What is a 50 50 Joint Venture Agreement?

This 50-50 Joint Venture Agreement is designed for use in India when two parties wish to establish a business enterprise with equal ownership and control. The document is essential when companies want to combine their resources, expertise, and market presence while maintaining equal decision-making rights. It addresses key aspects required under Indian law, including compliance with the Companies Act 2013, FEMA regulations (for foreign partners), and relevant industry-specific regulations. The agreement typically includes detailed provisions for capital structure, management composition, operational control, profit sharing, deadlock resolution, and exit mechanisms. This type of agreement is particularly valuable when partners want to ensure equal representation in strategic decisions while leveraging their respective strengths in the Indian market.

What sections should be included in a 50 50 Joint Venture Agreement?

1. Parties: Identification and details of the JV partners

2. Background: Context of the JV formation and parties' intentions

3. Definitions: Defined terms used throughout the agreement

4. Formation of Joint Venture: Legal structure, name, and registration details of the JV

5. Capital Contribution: Initial and subsequent capital contributions by each party

6. Business of the Joint Venture: Scope and nature of JV business activities

7. Management Structure: Board composition, voting rights, and decision-making processes

8. Transfer of Shares: Restrictions and procedures for share transfers

9. Financial Matters: Financial management, accounting principles, and dividend policy

10. Deadlock Resolution: Procedures for resolving management deadlocks

11. Term and Termination: Duration of JV and grounds for termination

12. Confidentiality: Protection of confidential information

13. Non-Compete: Restrictions on competing activities

14. Dispute Resolution: Mechanism for resolving disputes

15. General Provisions: Standard boilerplate clauses

What sections are optional to include in a 50 50 Joint Venture Agreement?

1. Intellectual Property Rights: Required when JV involves creation or use of IP

2. Technology Transfer: Needed when one party is contributing technical knowledge

3. Foreign Investment Compliance: Required for JVs with foreign partners

4. Employee Matters: Necessary when JV will have significant employment operations

5. Environmental Compliance: Required for JVs in industries with environmental impact

6. Export Controls: Needed for JVs involved in international trade

7. Government Approvals: Required for regulated industries

8. Brand Usage: Needed when JV will use existing brands of partners

What schedules should be included in a 50 50 Joint Venture Agreement?

1. Business Plan: Detailed business strategy and projections

2. Capital Contribution Schedule: Breakdown of each party's contributions

3. Board Reserved Matters: List of decisions requiring board approval

4. Shareholder Reserved Matters: List of decisions requiring shareholder approval

5. Initial Officers: List of initial management team

6. Assets Schedule: List of assets contributed by each party

7. Intellectual Property: Details of IP rights and licenses

8. Form of Share Certificate: Template for share certificates

9. Technical Services Agreement: Terms of technical support if applicable

10. Key Performance Indicators: Agreed performance metrics for the JV

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Cost

Free to use

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