Most contractors enter into this type of agreement with the aim of attracting specialists or facilities better equipped to deal with a specific element of the contract. The creation of a joint venture may require approval of a merger by the competition authorities if it results in a direct or indirect acquisition or direct or indirect control over all or part of a business of another company and if it meets the financial thresholds of a notifiable merger. In South Africa, there is no exclusion for non-full-practice joint ventures. Examples of where an acquisition or control may take place include: how are joint ventures generally financed in your territory? Are there specific requirements for funding and security measures? Are there any informed accounting or reporting problems for the parties to the joint venture regarding their participation in the joint venture? In which areas are joint ventures most used in your jurisdiction? Apart from practical considerations and rules on the exchange of information, there are no general issues, particularly with respect to disputes between joint ventures related to the disclosure of evidence. Are there any legal protections for minority investors that would apply to joint ventures? The joint enterprise agreements that are required in the context of public tenders must be concluded within the framework of the rules contained in SANS1914. In the case of partnerships, funding is usually provided by contributions and capital accounts. In addition, financing is usually provided by banks or financial institutions. Partner contributions are generally governed by the partnership agreement. It is also important to consider the nature of the services provided or to verify whether the joint venture is engaged in regulated activities, as this may result in additional regulatory control of contractual agreements and require that certain binding conditions be included in each contract. Are there any specific questions that may arise in the event of a joint venture dispute in your jurisdiction with respect to the disclosure of evidence? What are the consequences of legal labour rights in joint ventures? The most common type of joint venture in South Africa is a registered entity, usually a private company, but sometimes a public company.
These companies are created by the South African Companies Act and are regulated by the South African Companies Act. Partnerships will sometimes have to end without a legal personality, but the use of a partnership for a joint venture has obvious drawbacks. Thus, the partners are jointly responsible for partnership debts. South African law does not provide for limited partnerships or persons registered by law. Partnerships are governed by South African common law. But, as I said, all joint venture agreements must establish a written and legally sound document at all times, in accordance with SAFCEC standards. What are The Deadlock provisions that are usually included in joint enterprise agreements in your jurisdiction? South African labour law is generally favourable to workers with special legal rights granted to workers in various labour laws. Thus, women workers have legal leave, a right to strike and legal protection against dismissal. In general, they would apply to a joint venture in South Africa and workers employed in the joint venture would benefit from this legal protection. In the event of the transfer of workers from the parties to the joint venture to the joint venture, the joint venture would, in certain circumstances, be responsible for the recognition of certain employment protection measures before the transfer of the workers to the joint venture (mainly when the activity of the parties to the joint venture is entrusted as a current enterprise).