When Does A Joint Venture Form?

When Does A Joint Venture Form?

 

Many times, individuals start a new business without documenting who owns what. Later a disagreement arises and the parties are in a gray area over who owns the company assets. Under Arizona law, a joint venture is formed when two or more parties agree to pursue a particular enterprise in the hope of sharing a profit.

There are 5 required characteristics to form a joint venture including:

  • (1) An agreement
  • (2) A common purpose
  • (3) A community of interest
  • (4) An equal right of control
  • (5) Participation in profits and losses

Whether the requirements exist is determined by the facts of each situation but it is possible that a joint venture may exist where it was not intended.

Before you get to far down the road, contact Buntrock Law Group to help you create a proper legal entity with an exit strategy and buy sell agreement.

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