Joint Venture in India

Forming a joint venture in India

The key to the success of any joint venture lies in the selection of a good local partner. Once a partner is selected generally a Memorandum of Understanding or a Letter of Intent is signed by the parties. In case of those joint ventures where a new corporate entity for example a company is created, The typical agreement in such a case is the shareholders’ agreement.

Ideally a Shareholders’ Agreement should contain the following clauses :

  • The parties involved
  • A brief recital
  • Definition and Interpretation clause
  • The effective date of the Agreement
  • Capital Structure
  • The object, Purpose and scope of the joint venture
  • Management and the Board of Directors
  • Composition of Board of Directors
  • Shareholders’ Rights and Obligation
  • Representations and Warranties
  • Termination of the Agreement
  • Confidentiality
  • Miscellaneous Clauses


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