Joint venture and joint operating agreements in Iran: legal aspects

2020 ◽  
Vol 13 (3) ◽  
pp. 270-281
Author(s):  
Abdolhossein Shiravi ◽  
Mahdi Abbasi Vafaei
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Legal Aspects ◽  
Fiduciary Duties ◽  
Advantages And Disadvantages ◽  
Research Article ◽  
Laws And Regulations ◽  
Tax Accounting

Abstract Under current Iranian laws and regulations there is a requirement for an upstream petroleum contract to be managed by a joint venture entity and so the conclusion of a joint venture agreement (JVA) is compulsory in such petroleum projects. In this research article we first discuss the rules governing JVAs and the statutory requirements of such agreements in Iran. Then, by studying the relevant rules, we consider the advantages and disadvantages of the both unincorporated and incorporated forms of JVA and finally we discuss some of the implications of the JVA regarding tax, accounting procedures and fiduciary duties. We also consider the role played by unincorporated joint ventures and the joint operating agreement (JOA) in Iran.

scholarly journals The Fiduciary Duties of Joint Venture Parties – When do They Arise and What Do They Comprise?

2011 ◽  
Vol 42 (1) ◽  
pp. 117 ◽  
Author(s):  
Jane Knowler ◽  
Charles Rickett
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Case Law ◽  
The Other ◽  
Common Goal ◽  
Fiduciary Duties ◽  
Fiduciary Obligations ◽  
Australian Case

Joint Ventures are often used by parties in commercial enterprises where parties seek to achieve a common goal. One issue which is increasingly contentious is the extent to which, if any, joint venture parties owe each other fiduciary obligations. This paper refutes, as a dangerous heresy, the idea that joint venture relationships are discrete legal relationships that are inherently fiduciary in nature. The majority of self-styled "joint ventures" are, invariably, nothing more in legal terms than contracts. If parties are going to be bound by fiduciary duties, over and above the contractual duties they owe each other, this will only be so by virtue of the particular arrangement they have entered into which, on a thorough examination of the facts, is found to require each party to give unstinting loyalty to the other. Recent Australian case law bears this out.

Access to information in joint ventures: the dangers of being kept in the dark

2016 ◽  
Vol 56 (2) ◽  
pp. 560
Author(s):  
Anne Freeman
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Federal Court ◽  
Third Parties ◽  
Access To Information ◽  
Fiduciary Duties ◽  
Technical Data

Operators of joint ventures have, by reason of their position, first-hand access to all information relating to the joint venture, including financial results, technical data, and documents relating to relationships with third parties and contractors. Non-operators regularly strike difficulty in obtaining all the information they need in relation to the affairs of joint ventures, especially if a dispute is emerging between participants in it. This extended abstract explores various mechanisms for non-operators to obtain joint venture records, including express provisions in the joint venture agreement itself, and the potential to argue that there should be a right to obtain records implied into the agreement. Other potential mechanisms will also be canvassed, including the assertion of fiduciary duties owed by the operator that might provide the non-operator with rights to obtain information. In the 2013 decision of Alliance Craton Explorer v Quasar Resources, the Full Court of the Federal Court considered a joint venture agreement that did not explicitly provide access to the non-operator records of the joint venture. The court refused to imply a term providing access to the records, and dismissed arguments by the non-operator that the operator was its agent and that the non-operator had proprietary rights to the information it sought. This extended abstract discusses the implications of this decision.

Negotiations to Set Up Joint Ventures in China

2000 ◽  
Vol 5 (1) ◽  
pp. 157-189 ◽  
Author(s):  
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Legal Aspects ◽  
Negotiation Process ◽  
Quality Performance ◽  
Managerial Culture ◽  
Key Issues ◽  
Chinese Company ◽  
Set Up ◽  
The Many

AbstractEstablishing joint ventures in China is an interesting test of cross-cultural negotiation under conditions of uncertainty within a complex network of constraints. On one side is the huge Chinese company, heavily bureaucratic and focused on taking care of all dimensions of its employees lives. On the other side is the Western enterprise focused on quality performance and financial effectiveness. The negotiation process can be distinguished by several stages, each of them related to a specific issue such as the basic policy of the future joint venture, the technical issues, the financial aspects, and the legal aspects. Among the many issues, 16 are considered in this analysis as key issues of crucial importance in the building up of the agreement. A number of difficulties encountered by both parties during the negotiation are scrutinized, such as hidden differences in objectives, the obstacles due to non-overlapping perceptions, the lack of managerial culture, conflicting values behind behaviors, and the decision-making process in an administration-run economy.

APPLICATION OF A SPECIAL TAX REGIME FOR SELFEMPLOYED CITIZENS ON THE TERRITORY OF THE RUSSIAN FEDERATION. PROFESSIONAL INCOME TAX

2021 ◽  
Vol 2 (3) ◽  
pp. 41-48
Author(s):  
V. B. DZOBELOVA ◽  
◽  
A. E. SALAMOVA ◽  
Keyword(s):  
Russian Federation ◽  
Income Tax ◽  
Statistical Data ◽  
The Self ◽  
Federal Law ◽  
Tax Base ◽  
Advantages And Disadvantages ◽  
Research Article ◽  
The Subject ◽  
The Russian Federation

The relevance of the topic is largely due to the development of the country's tax base and the expansion of the geography of the special tax regime of the NAP. The main aspects of the functioning described in the work help to assess the advantages and disadvantages of the tax for self-employed persons. The purpose of the study is to reflect the trend in the development of a special tax regime for self-employed citizens in the Russian Federation. In connection with the purpose of the study, the following tasks were solved: to reveal the essence of the “self-employed population”, to characterize the main provisions of the special tax regime of the NAP, to consider the statistics of the number of self-employed persons in the Russian Federation, to identify the specifics of the tax regime for the self-employed population. The subject of the research is the special tax regime "Tax on professional income". The object of the research is the regulatory framework, as well as statistical data submitted by individuals to the Federal Tax Service on the implementation of activities to provide services to other individuals for personal, household and (or) other needs.As part of this research article explores the concept of "self-employed" citizens and trends in the use of special tax regime for the self-employed population in Russia according to the Federal Law from 27.11.2018 No. 422 «On the experiment of establishing a special tax regime "Tax on professional income"». The positive and negative aspects of the functioning of the tax regime are identified and the dynamics of the implementation of the law is studied.

scholarly journals Simulation analysis of incentives on employees' acceptance of foreign joint venture management practices: a case study

2020 ◽  
Vol 27 (8) ◽  
pp. 2047-2078
Author(s):  
Jingxiao Zhang ◽  
You Ouyang ◽  
Hui Li ◽  
Pablo Ballesteros-Pérez ◽  
Martin Skitmore
Keyword(s):  
Joint Ventures ◽  
Management Practices ◽  
Joint Venture ◽  
Business Practices ◽  
Content Type ◽  
Joint Management ◽  
Study Results ◽  
Venture Management ◽  
Employee Acceptance

PurposeCultural differences between employees of different nationalities are hindering the development of some transnational joint ventures. Describing and modelling the positive (or negative) factors that cause joint venture employees to accept (or reject) joint management business practices is of great value to all corporations operating abroad with locally sourced employees.Design/methodology/approachThis study uses a Sino-Japan construction joint venture project as a representative case study. First, structural equation modelling is used to identify the factors influencing Chinese employees' acceptance of joint venture management practices. Then, a system dynamics model is adopted to simulate the time-dependent effects of the incentives.FindingsThe study results (1) indicate which incentives strongly affect employee acceptance of joint venture management practices; (2) identify inefficient management practices in cross-cultural joint ventures; and (3) provide evidence that the employees' perceptions of clear purpose, good working relationships and helpful mechanisms positively and directly also support their acceptance of joint management practices.Originality/value–A dynamic simulation method is used to analyse the influence of various incentive factors on employee acceptance of joint management. This provides unprecedented information regarding how these factors interact with each other, hence how their effectiveness varies (both positively and negatively) over time. Further findings also provide new ideas for joint venture managers to adopt more effective management methods.

Control, Conflict, and Performance: A Study of U.S.-Chinese Joint Ventures

1997 ◽  
Vol 5 (3) ◽  
pp. 31-45 ◽  
Author(s):  
Daniel Z. Ding
Keyword(s):  
Empirical Evidence ◽  
Joint Ventures ◽  
Questionnaire Survey ◽  
Joint Venture ◽  
Positive Impact ◽  
Managerial Control ◽  
Foreign Partner ◽  
Venture Performance ◽  
General Managers ◽  
And Performance

This study was designed to test empirically the linkages between control, conflict, and performance using a sample of U.S.-Chinese joint ventures established in China during the period of 1979–1989. Data were gathered through a questionnaire survey among U.S. managers and personal interviews with both U.S. and Chinese general managers in the selected joint ventures. Results showed that dominant managerial control exercised by the foreign partner had a positive impact on the perceived joint venture performance. The study identified major areas in which conflict between joint venture partners occurred. Empirical evidence was found that conflict between joint venture partners significantly hindered joint venture performance.

Legal aspects of sea water quality: Turkish and EU directives

2005 ◽  
Vol 51 (11) ◽  
pp. 45-52
Author(s):  
D. Dolgen
Keyword(s):  
Water Quality ◽  
Sea Water ◽  
Legal Aspects ◽  
Coastal Environment ◽  
Bathing Water ◽  
Eu Directives ◽  
Laws And Regulations

This paper primarily addresses underlying laws and regulations related to protection of the coastal environment and examines their implementation. In this context, Directive 76/160/EEC which is the leading directive on the quality of bathing water and its revision, i.e. Commission Proposal COM (2000) 860 Final, is investigated particularly and criticized on technical and scientific manner; and similar and dissimilar issues between the Community Directives and Turkish Laws are evaluated. The conducted study reveals that although the Turkish legislation in the field of water quality is largely in line with the acquis, further efforts are also needed with respect to implementation in order to achieve full harmonization.

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