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What is a joint venture?

By CS Deepa Sharma Updated

A joint venture is an arrangement in which two or more persons carry on a defined project and share its control and its result. Indian law does not list a joint venture as a kind of company. The parties choose a contract, a partnership, an LLP, or a company.

What is the arrangement?

The agreement names the project, what each person contributes, who decides, how profit is shared, and how a person leaves. Those terms bind the parties. They do not, by themselves, incorporate anything. How this differs from a firm that carries on business in common is on the comparison page.

Which legal form can it use?

Form What the parties get
Contract only No new legal person. Each party keeps its own liabilities except as the contract shifts them
Partnership A firm under the Partnership Act. Partners do not have limited liability
LLP or company A separate person. Formation is the LLP page or the private-company page

What does the label not do?

It does not create a US limited liability company. It does not change the tax rate. A non-resident who takes shares in an Indian company still follows the foreign-exchange rules for that investment. The joint-venture name is not that permission.

Frequently asked questions

Four questions cover a company, a partnership, tax, and a non-resident.

Is a joint venture a company by itself?

No. The parties incorporate a company only if they choose that form. A contract alone does not create a company.

Is it the same as a partnership?

Not always. A partnership carries on a business in common. A joint venture can be limited to one project, and it can sit inside a company or an LLP instead of a firm.

Does the arrangement cut the tax rate?

No. Tax follows the form the parties actually use. A company, an LLP, and a firm are taxed under their own rules.

Is a foreign partner automatic?

No. A non-resident investing in an Indian company follows the foreign-exchange rules for that investment. The joint-venture label is not an approval.

Sources

A joint venture is the parties’ arrangement. The legal person, if they create one, is a company or an LLP. How that differs from a partnership is a separate guide.

  1. How does a joint venture differ from a partnership?
  2. Private limited company registration
  3. Limited liability partnership
  4. Partnership firm