The Joint Venture Agreement In (Real Estate) is a crucial document for parties looking to collaborate on real estate development projects in India. It is particularly relevant in the current Indian market where complex development projects often require pooling of resources, expertise, and risk-sharing between multiple parties. The agreement must comply with the Real Estate (Regulation and Development) Act, 2016 (RERA), Companies Act, 2013, and other relevant Indian legislation. It typically includes detailed provisions for capital contribution, profit sharing, project implementation, management control, and regulatory compliance. This document is essential for structured real estate developments, particularly in cases involving foreign investment, large-scale projects, or when combining land ownership with development expertise. The agreement serves as the foundational document governing the relationship between joint venture partners throughout the project lifecycle.
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1. Parties: Details of the joint venture partners including registered addresses and company information
2. Background: Context of the joint venture formation and brief description of the proposed real estate project
3. Definitions and Interpretation: Definitions of key terms and interpretation clauses
4. Purpose and Scope: Detailed description of the joint venture's purpose and the real estate project scope
5. Capital Contribution: Details of initial and subsequent capital contributions from each party
6. Land and Property Details: Specific details about the property/land for development
7. Project Implementation: Timeline, phases, and methodology of project implementation
8. Management and Control: Management structure, voting rights, and decision-making processes
9. Rights and Obligations: Detailed responsibilities and rights of each party
10. Profit Sharing and Distribution: Formula and mechanism for sharing profits and losses
11. Banking and Finance: Banking arrangements and financial management procedures
12. Representations and Warranties: Standard and specific warranties from each party
13. Compliance and Regulatory Matters: RERA and other regulatory compliance requirements
14. Confidentiality: Protection of confidential information and trade secrets
15. Term and Termination: Duration of JV and circumstances for termination
16. Exit Mechanism: Procedures for party exit including buy-out provisions
17. Dispute Resolution: Mechanism for resolving disputes including arbitration
18. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Foreign Investment Compliance: Required when one or more partners are foreign entities, detailing FDI compliance
2. Intellectual Property Rights: Needed when the JV involves significant branding or proprietary technology
3. Employment Matters: Required when the JV will directly employ staff rather than using secondment
4. Insurance: Detailed insurance requirements beyond standard coverage
5. Environmental Compliance: Required for projects with significant environmental impact
6. Force Majeure: Detailed force majeure provisions beyond standard clauses
7. Anti-Corruption Compliance: Required when dealing with government contracts or foreign partners
8. Marketing and Branding: Needed when project marketing is a significant component
1. Property Documents: Title documents, land records, and property details
2. Project Details: Detailed project plans, drawings, and specifications
3. Capital Contribution Schedule: Detailed breakdown of capital contributions and timeline
4. Business Plan: Detailed business plan including financial projections
5. Management Structure: Organizational chart and management procedures
6. Development Timeline: Detailed project development milestones and schedules
7. Profit Distribution Mechanism: Detailed calculations and examples of profit sharing
8. RERA Compliance Documents: Required RERA registrations and compliance documents
9. Third Party Agreements: Key contracts with contractors, suppliers, and consultants
10. Insurance Policies: Copies of required insurance policies
11. Environmental Clearances: Environmental and regulatory approvals
12. Financial Model: Detailed financial projections and assumptions
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