A joint venture is usually defined as a partnership or a cooperative business between two or extra parties limited to one enterprise and involves sharing control, resources, losses, and profits. A joint venture is different from a commercial partnership in that it does not include a legal amalgamation of the dual business units. These ventures are regularly limited when it comes to scope and time.
Nonetheless, they can bring about substantial risks for all the parties involved unless safety measures are upheld to safeguard your investments during the contract signing. Here are ways on how to protect your joint venture investments:
Define The Roles, Risk, and Relationship
You need to know that a prosperous joint venture should have a complete agreement that indicates each party’s responsibilities, contributions, and the venture dissolving method. Additionally, it should clearly outline the penalties in case of agreement misconduct and possession of contributed resources or assets.
You need to ensure that the agreement is not the original act of all the respective joint partners. Instead, ensure that it is the organization of understandings among them that come up with time. Therefore, ensure you protect your joint venture investments by making sure the parties involved discuss their goals and by what means they plan to accomplish them.
You can do this by ensuring every party plays their designated role that will lead to the success and achievement of the venture agreement. Furthermore, you can seek the services of experts that will guide you in the right direction in accomplishing your goals.
Protecting The Physical Assets
You find that in several joint venture agreements, the members involved contribute physical possessions. These assets or possessions can be machinery or tools used, the facility for manufacturing the products, and conducting the business in totality. Thus, the venture is expected to show the cost and the individual in charge of their repair, depreciation, and maintenance.
Even if the equipment is well-maintained, they are expected to depreciate with time since it becomes outdated and obsolete with the ever-changing technology. Therefore, the agreement is supposed to indicate the person accountable for this devaluation, whether it is the joint venture parties or the equipment owners.
You can use Assure as a full-service SPV software to help you deliver SPVs to the private investment community. Additionally, it will also help you in SPV pricing and fund administration.
Protecting Contributed Financial Possessions or Assets
The actions or decisions of one person can affect all parties involved and put them at risk even though the members have equally contributed to the joint venture’s capitalization. You can solve this problem by having specialized insurance and unification of the venture. Hence, this will safeguard the parties’ possessions from third-party lawsuits.
However, it does protect the joint venture from losses because of under-performance by the members. Therefore, the venture agreement includes the probability of a member’s performance and shows how they will tackle the problem.
Nevertheless, you need to ensure that the joint venture aligns with the company’s goals, objectives, and vision. Thus, this will help you accomplish your business goals and at the same time protect your investments in the joint venture. Hence, ensure you follow the guidelines to safeguard the financial assets in the venture agreement.
Protecting Intellectual Assets
On most occasions, you find that the joint venture members are competitors or participants in other fields. Hence, during venture agreement, one member may reveal other participants’ methods and processes that are unlikely to be shared. Therefore, the venture agreement is expected to safeguard each participant’s intellectual assets. The latter is executed through an agreement to pay the respective royalties to disclose a method later applied by other members or by non-compete sections through an agreement not to use these approaches outside the prospective joint venture.
In conclusion, you need to use the approaches discussed above to protect your joint venture investments. Before joining a venture agreement, ensure you are well informed on protecting your investments. Therefore, ensure you spell out the party’s relationship as you safeguard your agreement’s physical, financial, and intellectual assets. When you do this, you will be at ease knowing that your investments in the joint venture agreement are protected from any risks or losses that may arise in the process.