PROCEDURE TO INCORPORATE JOINT VENTURE AND DRAFT DOCUMENTS REQUIRED
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Does anyone have idea about how to create JV between Company & LLP or LLP & LLP. I want to create JV so that what are documents required to create JV and what is the Procedure for that Kindly send me Draft Documents to Incorporate JV.
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Creating a Joint Venture (JV) between a company and an LLP or between two LLPs requires a proper agreement outlining the terms and conditions of the partnership. Here are the steps and documents required to create a JV:
1. Drafting of JV Agreement: A JV agreement must be drafted, which will include the following details:
Due Diligence: Before entering into a JV agreement, both parties should conduct due diligence on each other's financial, legal and regulatory compliance.
Board/Partner Approval: The JV agreement must be approved by the Board of Directors of the company and the partners of the LLP/LLPs.
MCA filing:
Obtain Digital Signatures: The authorized representatives of both the Company and the LLP should obtain digital signatures from a Certifying Authority (CA).
Reserve the Name: Both the Company and LLP need to agree on a unique name for the Joint Venture and check its availability on the MCA portal. Once the name is approved, it can be reserved for 20 days.
Draft the JV Agreement: A Joint Venture agreement needs to be drafted and signed by the authorized representatives of the Company and the LLP. The agreement should specify the terms and conditions of the partnership, including the shareholding pattern, profit-sharing ratio, responsibilities of each partner, etc.
File Form LLP-1(RUN): The LLP needs to file Form LLP-1 with the Registrar of Companies (RoC) along with the Joint Venture agreement, Memorandum of Association (MoA) and Articles of Association (AoA) of the LLP.
File Form INC-32: The Company needs to file Form INC-32 (SPICe) with the RoC along with the Joint Venture agreement, MoA and AoA of the Company.
Obtain the Certificate of Incorporation: Once the RoC verifies the documents and approves the same, a Certificate of Incorporation will be issued to the Joint Venture.
Some of the draft documents required for the incorporation of a JV are: