Agreements Foreign Collaboration LegalDraft-Templates

The Central Government has issued the following guidelines in connection with the formulation of proposals and agreements of foreign collaboration i Alternative sources The collaborator should explore to fullest extent possible alternative sources of technology evaluate them from a techno economic point of view and furnish reasons for preferring a particular technology and the source of import iii Other arrangement There should not be any restriction on the Indian Company in the matter of procurement of capital goods components spares raw materials pricing policy selling arrangement etc ii Sub licensing The Government expects that the technical collaboration agreement should generally not prohibit sub licensing of the know how product design or engineering design under agreement to other Indian parties Such sub licensing when it becomes necessary is subject to terms to be mutually agreed by all parties concerned including the foreign collaborator and is subject to t...

i Unlike joint ventures in India Joint venture undertakings are established abroad by the Indian entrepreneurs for building up an export potential for their products manufactured through foreign collaboration in the developing countries where there is a favorable political climate and a demand for the Indian products For this purpose the Government offers the following opportunities i opportunities to increase the export potential of the Indian company ii facility of repatriation to India of capital and dividend and royalty and remuneration earned outside India from joint ventures iii incentives under the Income tax Act iv Compliance with requirements for setting up joint ventures The following requirements will have to be complied with for setting up joint ventures abroad a Under Companies Act Since the Governments policy is to encourage only the corporate bodies to invest in joint ventures abroad application should be made to the Central Government Department of Company Affai...

This Agreement is made at this day of between M s XYZ Co Ltd a Company incorporated under the laws of and having its registered office at hereinafter referred to as the Foreign Company of the One Part and M s ABC Co Ltd a Company registered under the Indian Companies Act 1956 and having its registered office at hereinafter referred to as the Indian Company of the Other Part Whereas the Foreign Company is carrying on business of manufacturing fabricating the Items of machinery the products the particulars of which are set out in the Schedule hereunder written at And Whereas the Foreign Company has the exclusive expertise or know how in respect of the said items of machinery product And Whereas the Indian Company proposes to set up a factory at with intent to manufacture similar machinery product and requested the Foreign Company to make available the know how to the Indian Company And Whereas after the negotiations the Foreign Company has ag...

This Agreement is made at this day of between M s ABC Co Ltd a Company incorporated under the Laws of and having its registered office at hereinafter referred to as the Foreign Company of the One Part and M s XYZ Co Ltd a Company registered under the Indian Companies Act 1956 and having its registered office at hereinafter referred to as Indian Company of the Other Part Whereas the Foreign Company Is carrying on the business of manufacturing certain machinery of a technical nature for producing or manufacturing the products viz The particulars of such machinery are mentioned in the First Schedule hereto and which are hereinafter referred to as the said Machinery And Whereas the Foreign Company desires to have a market for the said machinery in India and the Indian Company has offered to act as the agent of the Foreign Company for the sale of the said machinery in India And Whereas after holding negotiations between the parties the Foreig...

This Agreement is made the day of 2000 between M s ABC Co Ltd a company Incorporated in India and having its business address at hereinafter called the Local Company of the One Part And M s XYZ and Co Ltd a company Incorporated in and having its registered office at hereinafter called the Foreign Company of the Other Part Whereas the Local Company is carrying on the business inter alia of manufacturing for export And Whereas the foreign company Is carrying on the business inter alia in the manufacture of And Whereas the parties hereto have after several consultations with each other shown the intention to co operate with each other and enter into a joint venture relationship for the manufacture of hereinafter referred to as the Product for the consideration and upon the terms and conditions herein contained And Whereas pursuant to the aforesaid intention of the parties hereto they propose to procure the formation of a Limited Com...

This Agreement is made the day of 2000 between M s ABC Co Ltd a company Incorporated in India and having its business address at hereinafter called the Local Company of the One Part And M s XYZ and Co Ltd a company Incorporated in and having its registered office at hereinafter called the Foreign Company of the Other Part Whereas the Local Company is carrying on the business inter alia of manufacturing for export the foreign company Is carrying on the business inter alia in the manufacture of And Whereas the parties hereto have after several consultations with each other shown the intention to co operate with each other and enter into a joint venture relationship for the manufacture of hereinafter referred to as the Product for the consideration and upon the terms and conditions herein contained And Whereas pursuant to the aforesaid intention of the parties hereto they propose to procure the formation of a Limited Company in Indi...

This Agreement is made at this day of between M s ABC Co Ltd a Company registered under the Indian Companies Act 1956 having its registered office at hereinafter referred to as the Indian company of the One Part and M s XYZ Co Ltd a Company Incorporated under the laws in force in having its registered office at hereinafter referred to as the Foreign Company of the Other Part Whereas the Indian Company is carrying on the business of manufacturing and owns a large factory or factories at And Whereas as the manufacturing process In the Indian Company s factories is highly technical and complicated and the production turnover of the Indian Company is very large and requires also administrative skill the Indian Company approached the Foreign Company who Is carrying on business at as technical and management advisers to different companies carrying on more or less similar business all over the world for collaboration to act as technical...

An Agreement executed this day of Between a foreign company incorporated in the United Kingdom and having its registered office at hereinafter called the U K Company of the one part AND a company incorporated in India and having its registered office at hereinafter called the Indian company of the other part Whereas the Indian Company has been incorporated having for its object the manufacture and production of And Whereas the Indian Company has already constructed factory buildings installed plant and machinery and commenced manufacture and production of Whereas the Indian company with a view to improve still further the quality of the commodities manufactured and to increase production are desirous of procuring the latest technique and know how related to the manufacture of the above said commodities Whereas the Indian Company thereof approached the U K Company who have considerable experience in the line of manufacture engaged in by the Indian Company and requested ...

1 Information of Joint venture Company1 Local and foreign or else Local along shall take all necessary steps for the incorporation of a type of corporation to be formed corporation under the laws of jurisdiction of incorporation which said corporation shall be hereinafter referred to as the Joint Company2 Local and foreign or else Local alone shall cause the Joint Company to be duly organized in accordance with the terms of this Agreement with name for the documents of incorporation under the law of the jurisdiction of incorporation such as Statutes Letters Patent of Incorporation Memorandum and Articles of Association etc which in the English translation shall read in substantially the form schedule attached hereto 3 The costs of incorporating the Joint Company shall be brone equally or accordingly to some other formula by foreign and Local 4 If any of the provisions contained in the said Schedule should not be approved by the appropriate authority for inclusio...

THIS AGREEMENT entered into on the day of by and between a company registered in India under the Companies Act 1956 having its registered office at hereinafter referred to as the Licensee which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors and assigns and a German corporation with place of registry in and having an office at hereinafter referred to as the Licensor which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors and assigns WHEREAS the Licensor is engaged in the manufacture of AND WHEREAS the Licensor is in possession of extensive know how and technical information concerning the manufacture of such products and has at its disposal skilled technical personnel to assist in the transfer of such known how and technical information to a third party AND WHEREAS the Licensee desires to acquire from the Licensor know how technical information and assistance to en...