Definition and Concept
- An unincorporated joint venture does not form a new legal entity
- It is based solely on a contractual agreement between parties
- The parties collaborate to achieve a specific business goal
- It operates under mutual understanding without separate registration
- Each party retains its own legal identity and autonomy
Structure and Agreement
- Governed by the Indian Contract Act, 1872
- A joint venture agreement defines rights and obligations
- Covers roles, contributions, and revenue-sharing terms
- Specifies duration, scope, and decision-making process
- Legally binding for all participating parties
Management and Control
- Managed jointly as per contractual terms
- No board of directors or company structure is needed
- Each partner may take charge of specific functions
- Decision-making is mutual and collaborative
- Disputes are resolved based on agreement clauses
Liability and Financial Aspects
- Partners are individually responsible for their obligations
- There is no limited liability protection
- Tax is paid by each party on their respective income
- No requirement to file separate returns for the venture
- Costs and profits are directly handled by the partners
Use and Applicability
- Suitable for short-term projects and limited collaborations
- Common in construction, real estate, and service contracts
- Preferred where quick execution and flexibility are needed
- Involves less compliance and regulatory burden
Avoids the complexity of company formation and governance



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