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CS Executive · Setting Up of Business, Industrial and Labour Laws · Business Collaborations

Sundaram Engineering (India) and a German firm wish to run a manufacturing JV where each partner holds shares, the venture has a separate legal personality and its liability is limited to capital contributed. Which structure suits these needs?

An incorporated joint venture company fits. The partners hold shares in a separate legal entity, and their liability is limited to the capital they contributed. A contractual JV creates no separate entity, while proprietorships and general partnerships do not give limited liability.

  1. AAn unincorporated contractual JV under an agreement
  2. BAn incorporated joint venture company with the partners as shareholdersCorrect
  3. CA sole proprietorship held by the Indian partner
  4. DA general partnership where partners have unlimited liability

Explanation

An incorporated JV is a separate company in which the partners hold shares, giving separate legal personality and limited liability. A contractual JV creates no separate entity. A proprietorship and a general partnership either lack separate personality or expose owners to unlimited liability.

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