Services
Through our network and associated partners, we offer a range of fee for service workshops and consultancy services. Our focus is to continually improve the skillset of the network as well as allowing potential venture partners to understand better our process and the value add we create.
STRUCTURING INTERNATIONAL JOINT VENTURE
TRANSACTIONS
In order to take advantage of emerging opportunities and gain a competitive advantage on the global stage, many companies are utilizing international joint ventures. This service will provide an overview of the structuring considerations including pre-contractual issues associated with these types of arrangements.
• How to choose the right partner
• Primary legal forms of joint ventures
• Initial joint venture documentation
• Financial and managerial structure of an international joint venture
• Defining the scope of the venture
In order to take advantage of emerging opportunities and gain a competitive advantage on the global stage, many companies are utilizing international joint ventures. This service will provide an overview of the structuring considerations including pre-contractual issues associated with these types of arrangements.
• How to choose the right partner
• Primary legal forms of joint ventures
• Initial joint venture documentation
• Financial and managerial structure of an international joint venture
• Defining the scope of the venture
NEGOTIATING JOINT VENTURES AND MANAGING INTERESTS
To reap the benefits of a joint venture arrangement, you must first negotiate and draft a sound agreement. This service will provide a practical examination of the key issues associated with drafting and negotiating international joint venture agreements.
• Taking account of cultural considerations in international negotiations
• Leading negotiating strategies and techniques: utilizing creative problem solving
• International joint venture documentation
• Establishing degree of participation and management of roles of each party
• Division of the profits and losses
To reap the benefits of a joint venture arrangement, you must first negotiate and draft a sound agreement. This service will provide a practical examination of the key issues associated with drafting and negotiating international joint venture agreements.
• Taking account of cultural considerations in international negotiations
• Leading negotiating strategies and techniques: utilizing creative problem solving
• International joint venture documentation
• Establishing degree of participation and management of roles of each party
• Division of the profits and losses
DUE DILIGENCE OF INTERNATIONAL JOINT VENTURES
The due diligence process takes on an even greater role in international joint ventures, where it is key to managing the risks inherent in multi-jurisdictional transactions. This service will examine critical due diligence issues.
• Regulatory issues to consider when establishing an international joint venture
• Identifying and managing brand and reputational risks
• Managing the due diligence process and working with groups in multiple jurisdictions
• Effective due diligence methods to mitigate risks
• Long-term risk management planning for international joint ventures
The due diligence process takes on an even greater role in international joint ventures, where it is key to managing the risks inherent in multi-jurisdictional transactions. This service will examine critical due diligence issues.
• Regulatory issues to consider when establishing an international joint venture
• Identifying and managing brand and reputational risks
• Managing the due diligence process and working with groups in multiple jurisdictions
• Effective due diligence methods to mitigate risks
• Long-term risk management planning for international joint ventures
FINANCE STRUCTURES FOR INTERNATIONAL JOINT VENTURES
This service will explore establishing the financing structure of an international joint venture and give an in-depth analysis of the valuation of initial capital and the intangible contributions of joint venture partners.
• Establishing the capital required to start the joint venture
• Impact of securing a strong strategic alliance partner on initial market valuation
• Capitalization and financing of the joint venture
• Financial reporting for international joint ventures
This service will explore establishing the financing structure of an international joint venture and give an in-depth analysis of the valuation of initial capital and the intangible contributions of joint venture partners.
• Establishing the capital required to start the joint venture
• Impact of securing a strong strategic alliance partner on initial market valuation
• Capitalization and financing of the joint venture
• Financial reporting for international joint ventures
TAX STRUCTURES FOR JOINT VENTURES
A creatively tax-planned joint venture deal will assist the partners in maximizing the after-tax returns of the arrangement. However, when the venture is cross-border, international tax laws and treaties create an additional level of challenges and opportunities. This service details international tax issues in structuring joint ventures.
• Domestic and cross-border tax structuring issues
• Tax risks in international operations
• Tax implications of the choice of joint venture entity: classification of the arrangement
• Strategies for minimizing foreign income taxes
• Planning for profit distribution and repatriation
A creatively tax-planned joint venture deal will assist the partners in maximizing the after-tax returns of the arrangement. However, when the venture is cross-border, international tax laws and treaties create an additional level of challenges and opportunities. This service details international tax issues in structuring joint ventures.
• Domestic and cross-border tax structuring issues
• Tax risks in international operations
• Tax implications of the choice of joint venture entity: classification of the arrangement
• Strategies for minimizing foreign income taxes
• Planning for profit distribution and repatriation
DISPUTE RESOLUTION IN INTERNATIONAL JOINT VENTURE TRANSACTIONS
Joint venture agreements must provide how disputes will be resolved. This service examines the most important things to know about international dispute resolution provisions.
• Why risk management in international joint ventures requires an effective dispute resolution process
• Why a good arbitration clause is your best protection
• Where mediation fits in the international dispute resolution process
• Practical tips for getting an arbitration clause that will work best for your side
• Negotiating and drafting international arbitration clauses
• Key elements in an international arbitration clause
Joint venture agreements must provide how disputes will be resolved. This service examines the most important things to know about international dispute resolution provisions.
• Why risk management in international joint ventures requires an effective dispute resolution process
• Why a good arbitration clause is your best protection
• Where mediation fits in the international dispute resolution process
• Practical tips for getting an arbitration clause that will work best for your side
• Negotiating and drafting international arbitration clauses
• Key elements in an international arbitration clause
REGULATORY CONSIDERATIONS OF INTERNATIONAL JOINT VENTURES
Depending on the structure, industry sector and size of a joint venture, prior approvals may be needed under Canadian competition and/or foreign investment laws and potentially foreign regulatory schemes. This service will examine the key regulatory considerations of international joint ventures.
• U.S. and foreign regulatory schemes
• Competition law risks in the operation of joint ventures
Depending on the structure, industry sector and size of a joint venture, prior approvals may be needed under Canadian competition and/or foreign investment laws and potentially foreign regulatory schemes. This service will examine the key regulatory considerations of international joint ventures.
• U.S. and foreign regulatory schemes
• Competition law risks in the operation of joint ventures
EXIT STRATEGIES AND TERMINATION
International joint venture agreements need to contain detailed provisions covering exit strategies, in the event that during the life of the venture the parties are unable to reconcile their differences and require mechanisms set out for the termination of the venture. This session will provide you with exit strategy best practices.
• Key factors in establishing the exit mechanism to be employed in terminating the joint venture
• Establishing termination rights: automatic or discretionary
• Unilateral vs. reciprocal exit rights
• Legal and practical aspects of exit mechanisms
International joint venture agreements need to contain detailed provisions covering exit strategies, in the event that during the life of the venture the parties are unable to reconcile their differences and require mechanisms set out for the termination of the venture. This session will provide you with exit strategy best practices.
• Key factors in establishing the exit mechanism to be employed in terminating the joint venture
• Establishing termination rights: automatic or discretionary
• Unilateral vs. reciprocal exit rights
• Legal and practical aspects of exit mechanisms
PROBLEMS & ISSUES IN INTERNATIONAL JOINT VENTURES
International joint ventures come with their own unique set of obstacles and challenges. As they have become more complex and expensive, the need for flawless joint venture planning and execution is increasing. This session will look at key problems and issues to avoid in international joint ventures.
• Assessing how foreign laws may limit how you set up and manage your international venture
• Dealing with different customs & traditions
• Identifying the likely future challenges in joint ventures
• Evaluation and characterization of success criteria and historical pitfalls
• Defining, agreeing on and tracking key performance indicators
International joint ventures come with their own unique set of obstacles and challenges. As they have become more complex and expensive, the need for flawless joint venture planning and execution is increasing. This session will look at key problems and issues to avoid in international joint ventures.
• Assessing how foreign laws may limit how you set up and manage your international venture
• Dealing with different customs & traditions
• Identifying the likely future challenges in joint ventures
• Evaluation and characterization of success criteria and historical pitfalls
• Defining, agreeing on and tracking key performance indicators
DEALING WITH IP AND INTANGIBLE ASSETS IN INTERNATIONAL JOINT VENTURES
International joint venture deals require that issues concerning IP and intangible assets be considered from business, strategic, financial and legal perspectives that span borders. This presentation will deal with the critical issues such as the legal and valuation considerations relating to IP and intangible assets.
• Conducting IP due diligence
• Ascertaining the nature and scope of the claimed rights in IP
• Setting limits on where and how the technology can be used by the joint venture
• Placing restrictions on who controls derivative technologies
• Licensing existing technology to the venture
• Royalty and fee agreements
International joint venture deals require that issues concerning IP and intangible assets be considered from business, strategic, financial and legal perspectives that span borders. This presentation will deal with the critical issues such as the legal and valuation considerations relating to IP and intangible assets.
• Conducting IP due diligence
• Ascertaining the nature and scope of the claimed rights in IP
• Setting limits on where and how the technology can be used by the joint venture
• Placing restrictions on who controls derivative technologies
• Licensing existing technology to the venture
• Royalty and fee agreements
Additional Joint Venture Advisory Services
We offer a range of services outside the traditional joint venture framework. Here we offer consulting and advisory services as part of your own joint venture.
Our aim is to poole the right resources and knowledge to advise you in the best way possible.
Our process often dictates the type of service required, which typically looks like:
Opportunity Workshops
Opportunity workshops are conducted in either 3 hr, half day or full day workshops. It is a structured session where we run a program for you that at a very high level.
- Understands what the opportunity is (definition)
- Understands the boundaries of the opportunity
- Works out high level ideas and concepts (brainstorming of ideas)
- Works out high level financials (are we around the mark as an idea)
- High level resourcing and timeframe requirements
The aim of the workshop is to save time and effort running around to see if something work only for it to not. Its best to have the key people involved, understand exactly whats on offer and conduct high level assessments of what can and can't be done. To then work out if it is worth pursuing further...
Strategic JV Benchmarking
You might have a JV outlined and simply want us to do some benchmarking on the various JV functions (funding and selling for instance). Here we can offer a strategic service that helps provide you with all the information you need. As part of working out if the venture is worthwhile pursuing...
Feasibility Planning and Assessment workshops
This workshop is where we take the concept and really break it down to get some concrete decisions and numbers on just how feasible the JV is. It is often a flow on from the Opportunity workshop with the general outcomes from it being.
- Understanding the options available and how feasible they are
- Settling on an option and the strategy that underpins it
- Putting together some detailed financial forecasts
- Clearly understanding therequirements and deliverables to be documented and then applied
The end result of this workshop is to have a detailed plan. All parties are aware of what needs to happen and when. And who will be required to delievr it.
The workshop also allows us to understand the gaps in what needs to be done to make it happen... Looking at what other aspects of JV spectrum are there and what needs to be integrated...
Strategic JV Project Management
We offer management advisory services that can manage the JV initiative on your behalf.
Often businesses see the opportunity to integrate a JV only for it not to happen due to a lacj of resources.
Here we offer this for you, understanding the requirements and JV spectrum of course. We know what needs to happen...
Strategic JV Implementation services
Here we offer the service of actually being deployed into the project to deliver certain aspects as recognised in the planning phase.
Additional Services
Separate to the joint venture component of our business is a service offering that can be fee for service based. Partners and clients have the opportunity to utilise the skill and resources of the group in such a capacity. Below is an outline of what we can offer.
Networking – connecting people and groups.
Sourcing – searching for products and markets on your behalf.
Education and Training – we offer education and training programs for members. It focuses on the aspects of deal making, putting formal joint ventures together.
We offer a range of services outside the traditional joint venture framework. Here we offer consulting and advisory services as part of your own joint venture.
Our aim is to poole the right resources and knowledge to advise you in the best way possible.
Our process often dictates the type of service required, which typically looks like:
Opportunity Workshops
Opportunity workshops are conducted in either 3 hr, half day or full day workshops. It is a structured session where we run a program for you that at a very high level.
- Understands what the opportunity is (definition)
- Understands the boundaries of the opportunity
- Works out high level ideas and concepts (brainstorming of ideas)
- Works out high level financials (are we around the mark as an idea)
- High level resourcing and timeframe requirements
The aim of the workshop is to save time and effort running around to see if something work only for it to not. Its best to have the key people involved, understand exactly whats on offer and conduct high level assessments of what can and can't be done. To then work out if it is worth pursuing further...
Strategic JV Benchmarking
You might have a JV outlined and simply want us to do some benchmarking on the various JV functions (funding and selling for instance). Here we can offer a strategic service that helps provide you with all the information you need. As part of working out if the venture is worthwhile pursuing...
Feasibility Planning and Assessment workshops
This workshop is where we take the concept and really break it down to get some concrete decisions and numbers on just how feasible the JV is. It is often a flow on from the Opportunity workshop with the general outcomes from it being.
- Understanding the options available and how feasible they are
- Settling on an option and the strategy that underpins it
- Putting together some detailed financial forecasts
- Clearly understanding therequirements and deliverables to be documented and then applied
The end result of this workshop is to have a detailed plan. All parties are aware of what needs to happen and when. And who will be required to delievr it.
The workshop also allows us to understand the gaps in what needs to be done to make it happen... Looking at what other aspects of JV spectrum are there and what needs to be integrated...
Strategic JV Project Management
We offer management advisory services that can manage the JV initiative on your behalf.
Often businesses see the opportunity to integrate a JV only for it not to happen due to a lacj of resources.
Here we offer this for you, understanding the requirements and JV spectrum of course. We know what needs to happen...
Strategic JV Implementation services
Here we offer the service of actually being deployed into the project to deliver certain aspects as recognised in the planning phase.
Additional Services
Separate to the joint venture component of our business is a service offering that can be fee for service based. Partners and clients have the opportunity to utilise the skill and resources of the group in such a capacity. Below is an outline of what we can offer.
Networking – connecting people and groups.
Sourcing – searching for products and markets on your behalf.
Education and Training – we offer education and training programs for members. It focuses on the aspects of deal making, putting formal joint ventures together.
