India is an attractive investment destination. In last a few years, India has witnessed tremendous growth in certain sectors. Apart from being a hub for cost effective skilled man power, India offers a vast internal market. Hence, it is evident that India has a lot to offer to anyone looking to do business in India.
Joint Venture is a business arrangement in which two or more parties agree to pool their resources for the purpose of accomplishing certain specific task. This task can be a new project or any other business activity. In a joint venture (JV), each of the participants is responsible for profits, losses and costs associated with it. However, the joint venture can be an entity, which is separate and apart from the participants’ other business interests.?
Global proliferation and commerce have given joint ventures a new dimension. Joint Ventures beyond geographical boundaries are alliances to share opportunity, resources and deliver cutting edge performance.
The team provides legal advisory service across diverse range of industries. The team is recognized for delivering excellent legal strategies and commercially viable advises within the prescribed timelines.
THE SERVICES INTER ALIA INCLUDE
- Structuring of the transaction
- Assistance in obtaining approvals, permission, if any (for the joint venture)
- Assistance in setting up of the legal entity or acquiring stake in an Indian entity
- Conducting legal due diligence on the entity (if required) and identifying the risk(s) involved
- Based on the risk matrix, advising client on the steps to be taken for mitigating it
- Drafting of the transaction documents
- Assistance in closing the transaction
- Assistance the legal entity in obtaining approvals, licenses, registrations, etc.
In India, the joint venture companies are the most popular, preferable, and profitable form of harvesting extensive and booming Indian market, in a rather wide range of fields including Power, Telecommunication, Luxury Railways, Steel, Petroleum and Petroleum Products, and various other Industrial and Commercial fields. The Government of India has outlined more than 35 high priority areas for highly lucrative joint venture in india, which offer up to 74% foreign equity. Again, foreign investment up to a maximum of 51% in the Commercial Mining and 49% in the Telecommunication fields, has been declared by Indian Government recently.
Our responsibilities cover everything from the very initiation to the final accomplishment including in between legally sound drafting of all documents and agreements, government approvals, management and governance of the venture entity, confidentiality maintenance, dividend policy, tax planning, dispute resolution, and provisions for winding up and termination. So far, we have successfully accomplishedjoint venture in india, and a great many other countries in a wide range of sectors.
At Chaugule and associates, we render services in the following areas :
- diligence and feasibility analysis of probable collaborators
- Searching the best possible technology and financial partners
- Negotiating and structuring Joint Venture terms & contracts
- Drafting of joint venture, technology transfer, collaboration, trade mark license agreements
- Obtaining necessary approvals from all concerned authorities such as Foreign Investment Promotion Board (FIPB), Director General of Foreign Trade (DGFT), Department of Industrial Policy & Promotion (DIPP), Secretariat for Industrial Assistance (SIA) and Reserve Bank of India (RBI)
- Compliance with all applicable laws and regulations
- Advice on tax planning for joint venture and/or collaboration.