ABSTRACT

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Set up and Run of a Joint Venture - Tools to Be Shared by Managers and Lawyers

Author: Francis MEURET

Type: Tools

ref: OC1

Pages: 184

BOOK + CDROM - Bilingual French/English

Also available in the BOOKS section of this website.


Project by project, here : «the set-up and run of a Joint Venture»; the in-house lawyer has to consider his relations with the managers as a significant contribution to:

- the listening, the dialogue and the sharing within the company, and
- the management of risks by the latter.

For this purpose, he shall imagine tools to be shared by the manager and the lawyer since they facilitate:

- The shared view of a project regarding its opportunities and constraints. Thus, the “Joint Venture Check List” put the in-house lawyer and the manager in a position to configure together a partnership by answering about 200 questions before any negotiation and drafting of articles of association and/or contracts. This dialogue may be extended to the to-become partner by inviting him to answer the same questions on his side. Thus, the lawyer and the manager are able to proceed together to an evaluation of the chances of the project at a very early stage. As result thereof, the company saves energy, time and money.

- The shared conduct of a project in terms of rights and obligations. Thus, the “Guide for Shareholder”, of which the about 90 topics will be filled by the manager and the in-house lawyer together and on the basis of the provisions of the documents signed with the other member of the Joint Venture, will be at any time for the manager an immediate support to his strategy and conduct of the Joint Venture. By using the guide, he will act with full knowledge of the rights and obligations of his company as shareholder of the Joint Venture, knowledge shared with the lawyer and of which they take advantage together.

Such to-be-shared tools let to the managers the ownership of their risks, but offer to the in-house lawyers and managers the co-ownership of the solutions proper to manage the risks.

Such to-be-shared tools are neither final nor comprehensive. Their readers, and thus their end-users, will adapt and enrich them continuously.