Legal Checklist for Joint Ventures

Your Guide to Navigating Joint Ventures

Establishing a joint venture can unlock new commercial opportunities, but it also brings complex legal, structural and governance considerations. Our Legal Checklist for Joint Ventures provides a straightforward overview of the issues parties should address at the outset to set the foundation for a successful collaboration.

This checklist outlines the key elements that commonly arise during negotiations, from identifying the participating entities and defining the scope of the venture to capital requirements, governance frameworks, dispute resolution mechanisms and regulatory obligations.

For further insights on corporate structuring and commercial agreements, you may find our Corporate & Commercial and M&A insights useful.

Use this checklist to support early-stage planning and to help ensure critical matters are discussed before formal documentation begins.

Key Highlights

• Clearly identify the parties to the joint venture should be clearly identified and undertake due diligence
• Agree on the purpose, scope, and any conditions precedent for the joint venture should be agreed
• Decide whether the venture will operate through an incorporated entity or unincorporated arrangement
• Consider the brand, intellectual property, and capital required, including each party’s contributions and proportionate interests
• Address governance issues such as appointment of directors, quorum, resolutions, and reserved matters should be addressed
• Explore dispute resolution options, including buyout mechanisms, mediation, arbitration, and litigation
• Take into account transfer restrictions, confidentiality, regulatory requirements, and tax implications.

Continue your reading with the first articles in our series on how to structure and manage a joint venture: 

• Part one: Laying the foundations
• Part two: Effective dispute resolution mechanisms