Keys
for Joint Venture Associates
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Develop a shared Vision and Mission Statement
collaboratively with Associates for each joint venture. |
- What is the idealised and objective purpose of the joint venture?
- What function/s, within individuals and collective
venturer's aspirations, does the joint venture serve?
- Will the joint venture be for cash-on-cash returns, a
capitalised return in a prescribed timeframe, or an
equity share arrangement with the occupant venturer?
- In what area, region or state will the joint venture
be pursued?
- What are the predicted market opportunities within
those criteria?
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2. Clearly identify and
detail who are the responsible Associates of each joint
venture.
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- Who is in, specifically, the joint venture?
- What are their defined entity descriptions?
- To what prescribed limit are they in, and on what
basis is their equitable share determined?
- What will be the defined roles and responsibilities
of each venturer?
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3. Identify and specify,
legally and contractually, the entity for purchasing,
holding and operating any joint venture.
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- What lawful structure will be used to operate the
joint venture?
- Will a simple partnership, limited liability
partnership, unlisted trust, or a limited liability
company suit the purpose?
- Why do the joint venturer's understand that to be
the case?
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4. Set mutually agreed
investment return criteria and parameters for each joint
venture.
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- What are the projected ROI on the specified capital
injections?
- What are the limits of capital required for each
phase, stage and component of the joint venture?
- What are the "what if" risk management
strategies associated with each joint venture?
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5. Define reasonable
timeframes for each joint venture Associate to seek and
obtain professional advice on structures proposed, personal
liability, and personal financial risk exposure for each
joint venture.
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- What will be considered reasonable timeframes?
- What will happen if those are not met be a joint
venturer?
- What will occur if the individual advice is contrary
to the identified purposes, objectives and strategies
of the majority?
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6. Define and specify a
strategy for the replacement of, or entry by, Associate/s in
each joint venture.
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- What happens if a joint venturer wishes to exit the
venture?
- What if someone dies? Divorces? Becomes insolvent?
- How are they replaced as a first option within the
joint venture?
- What strategies or tactics will be applied to
"recruit" another to replace them?
- What if another entity is introduced or proposes
entry to the joint venture? What if they are from
within the scheduled works of the joint venture?
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7. Identify and specify
individual roles and responsibilities of Associates within
each joint venture.
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- Who will do what, and by when?
- What will happen if they do not achieve the
scheduled functions or timeframes?
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8. Define expenditure
limitations, responsible Associate roles, responsibilities
and discretionary limitations for and or within each joint
venture.
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- Who pays for what?
- How are expenditures monitored and recorded?
- Who is responsible for "bookkeeping"?
- What happens when an expenditure limitation may need
to be exceeded?
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9. Define and specify
each responsible Associate's "reasonable service
charges" for any joint venture; related to such matters
as:
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- Joint venturer's time invested, effort expended,
return on capital, and "sweat", etc.
- Considerations before the joint venture is entered
upon, and
- Returns to be stipulated within the accounting and
records reconciliation for each joint venture.
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10. Define and specify
the termination, or exit strategies and disbursement/s to be
applied when each joint venture is wound up in the agreed
period and terms.
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- What happens to all the profits after costs?
- What if there are none?
- What if there is a loss to be reconciled with
outstanding accounts?
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11. Define and specify
the professional service providers to be engaged for each
joint venture from an "approved list" of reputable
persons such as solicitor/s, accountant/s, architect/s,
surveyor/s, building valuer/s, trades, inspection and
interior designer/s, etc.
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- Is there an allowance for "soft commissions"
for joint venturers?
- Will referral be founded in individual's preferences
or recommendations?
- Will there be a tendering process, and how will that
be conducted?
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12. Identify the risk
management strategies developed and particularised for each
joint venture.
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- Will this be detailed and professionally presented?
- Will it require evident due diligence, data
assessment and SWOT analysis and be consequent of
documented research and inquiry as conducted by the
identified responsible Associate/s?
- Will it be a "best guesstimate" of someone
who should know?
- Will it cover the individual's risk exposures and
separate advice?
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13. Have all
documentation, data, research, evaluations, assessments,
reports and like validation materials subjected to
independent review.
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- Will this be presented within a comprehensive and
professional Joint Venture Investment Management Plan?
- Will it be within a well defined Strategies, Works,
Objectives and Timeframes format?
- Will a comprehensive Business Case be prepared for
each joint venture?
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14. Associates recognise and
accept that for appropriate Risk Management in any joint
venture proposal, there must be timely and thorough
assessment before any commitment is contracted.
To achieve this: -
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- any "short offer" submitted in appropriate
form on real property by an Associate is to be advised
to the Principals, and other anticipated participating
Associate/s, within twenty four (24) hours of such short
offer being submitted, and
- all joint venture proposals must be submitted in
draft to the anticipated Associates group within seven
(7) days using agreed documentations, and
- preliminary joint venture inspections must involve a
notified group of Associates, or
- preliminary or proposed joint venture business
acquisitions must involve a notified group of two (2)
or more Associates, and
- no contract on a real property or business joint
venture proposal should be entered into by any
Associate before the above is completed, and
- joint venture undertakings will be accepted or
rejected, within the above framework by the notified
group of Associates within fourteen (14) days of
submission or such time as is reasonable in all the
circumstances, and
- such other matters as may be agreed in writing
between the joint venturers within the principled
framework of FBP and Associates (as mutually and
collaboratively amended from time to time).
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