Joint ventures, while a partnership in the familiar sense of the word, can adopt any legal structure. Businesses, partnerships, limited liability companies (LCs) and other entities can all be used to create a joint venture. Despite the fact that the purpose of the joint venture is typically intended for production or research, they can also be set up for continuous purposes. Joint ventures can combine large and small businesses to take over one or more projects and small projects and deals, big or small. After dissolution, a surviving joint venture is entitled to ownership of the community property and also has the right to co-operate. If no one is taken into possession, a joint venture and its property will be sold. The duration of a joint venture depends on the terms of the contract between the parties. The project will continue until the contract date. But if an agreement lacked some time, the courts found that it can be terminated at will by both parties LoGerfo v. Trustees of Columbia Univ.
in City of New York, 2006 NY Slip Op 9188, 2 (N.Y. App. Div. 2d Dep`t 2006). As with any partnership creation, the advantage of a joint venture lies in the simplicity of creating and the apparent simplicity of simply “doing business together.” Most of the time, business begins before the parties spend a lot of time thinking about the structure or problems that might arise. The joint venture and partnership are taken into account when an individual or company needs an additional fund or technical know-how. These are the business forms, but they are the two different entities. They also have a number of similarities. Companies create a joint venture to achieve a specific goal and terminate the joint venture once the goal has been achieved. The partnership arises when the partners wish to engage in a long-term activity. Both are created with the aim of making a profit.
An individual or business entity achieves one of these goals based on the goals they wish to achieve. Before concluding any of these agreements, it is important to consider the debts associated with it. The main objective of a partnership is the creation of a new company that brings profits to its partners. The most important objectives for which a written partnership agreement is recommended are: As a joint venture, a partnership has advantages and disadvantages. You should balance the pros and cons before entering into a partnership structure. We sketch out a few of them below. Trembly Law wants to help you with any important business decision. Are you considering a partnership or joint venture? Advice with competent and experienced legal advisors is a must, whether you are considering joining a partnership or joint venture.
In a joint venture, the responsibilities and obligations of the partners are limited to their share, as stated in the agreement. The agreement defines the responsibility of partners to avoid litigation or confusion.