There are many features that must be included in the shareholders` agreement, which is quite private for the parties at first. Normally, it does not require a deposit with a public authority. In Britain, India and many common law countries, a joint venture (or a company composed of a group of individuals) must submit the Memorandum of Association to the competent authority. It is a legal document that informs the outside public of its existence. It may be consulted by the public in the office where it is submitted. A sample is visible on wikimedia.org.  Together with the articles of association, it constitutes the “articles of association” of a company in these countries. The parties to one of the projects, the YEA, the CJV or the WFOE, carry out a feasibility study described above. This is a non-binding document – the parties remain free not to pursue the project. The feasibility study must cover the fundamental technical and commercial aspects of the project before the parties can proceed with the formalization of the required legal documentation. The study should contain details that were previously cited in the feasibility study  (submissions from the Chinese partner). This is a legal area and difficulties due to the diversity of national legislation, in particular as regards the applicability of heads of or shareholder agreements. For certain legal reasons, it can be described as a memorandum of understanding.
This is done in parallel with other activities when setting up a joint venture. Although briefly discussed for a shareholders` agreement, some issues should be addressed here as a preamble to the following discussion. There are also many topics that are not included in the articles when a company is created or is never present. A JV may also choose to remain alone in a “quasi-partnership” as a JV, in order to avoid non-significant disclosure to the government or the public. According to Gerard Baynham of Water Street Partners, there was a lot of negative press about joint ventures, but objective data suggests that they could actually overtake wholly owned and controlled subsidiaries. He writes: “Another account emerged from our latest analysis of U.S. Department of Commerce (DOC) data collected by more than 20,000 companies. According to doc data, foreign joint ventures of U.S. companies achieved an average return on investment (ROA) of 5.5 percent, while fully owned and controlled subsidiaries of these companies (the vast majority of which are wholly owned) achieved a slightly lower ROA of 5.2 percent. The same story applies to foreign business investment in the United States, but the difference is more pronounced. U.S.-based joint ventures achieved an average ROA of 2.2 percent, while they were wholly owned and controlled by subsidiaries in the U.S. only an ORA of 0.7 percent.
If it is not possible to set up an independent company capable of acting with full market power, the shareholders may agree to conclude a contract that governs the respective obligations and obligations. We are talking here about a contractual or non-corporate joint venture which is explained above. The Commercial Code and the Civil Code govern joint ventures. This also applies to EU rules on competition and the regulated market. In European law, the term “joint venture” is an elusive legal concept, better defined by company law. In France, the term “joint venture” is called “association d`entreprises”, “joint venture”, “joint venture” or “joint venture”.  Convenience and flexibility are the hallmarks of this type of investment. This makes it easier to find cooperative partners and reach an agreement. A joint venture consists of at least two independent companies that cooperate strategically with specific objectives. To do this, they can set up a Community undertaking or regulate contractual cooperation without setting up a new undertaking.
The JV contract as well as the articles of the association for the AEE are the two most fundamental legal documents of the project….