Every entrepreneur looks for opportunities to increase its market reach and generate higher revenues in a short amount of time. While some may consider options such as acquiring a competitive business or business mergers as permanent solutions. Although, businesses looking for temporary solutions for business growth, may also consider entering into a joint venture in Bhubaneswar, Odisha.
A joint venture (JV) is a commercial arrangement entered between two or more business enterprises with an objective to combine their resources to gain a tactical and strategic edge in the market for a shorter period to pursue specific projects. In the Joint venture (JV), each party is accountable for the costs incurred and profits/losses earned due to the arrangement. However, the joint venture is a separate entity from the other business interests of its participants.
A joint venture has been a common phenomenon across the Indian business Industry for ages in India. They are used across business sectors whereby Indian parties agree to cooperate with other Indian parties/ies to form a domestic joint venture or where one party is an Indian and the other one is a foreign entity and a cross-border joint venture is formed. Joint ventures in Bhubaneswar, Odisha have brought tremendous success and growth in pursuance of such collaborations.
Some of the popular joint ventures in the country include names like Hindustan Aeronautics Ltd. (HAL), which has entered into various joint ventures with foreign companies like Rosoboronexport, Aviazapchast and Mikoyan-Gurevich (MiG) of Russia, British Aerospace and Rolls Royce Holdings Ltd of UK, Merlin-Hawk and Edgewood Ventures of the USA, Elbit Systems, Israel and Snecma of France. Similarly, the airline Vistara is a joint venture between India’s corporate giant Tata Sons and Singapore Airlines (SIA).
Joint Ventures in Bhubaneswar, Odisha- Meaning & Definition
Basically, a joint venture happens when two or more businesses agree to work with each other to combine their strengths and limit their shortcomings to fulfill any objective or complete any project, which is in the form of a mutual understanding between two or more participants established on commercial terms & conditions. Joint ventures are usually formed by two businesses with complementary strengths. For example, a technology company may enter into a partnership with a marketing company to bring an innovative business product into the market or a foreign company may enter a joint venture with a domestic company to enter a new market and sell their products in such domestic markets.
While each start-up continues to maintain a separate business structure and legal status, creating a new joint venture is a collectively owned entity that is at the arm’s reach of the parent companies. Any number of companies or individuals may collaborate to create a joint venture that could include all types of business structures including self-employed individuals, Limited Liability Partnerships (LLPs), and Limited companies.
Generally, Joint ventures are created with a limited time frame or a definite outcome, they could also be created for a continuing purpose that ideally benefits all the parties, helps business to expand and grow or provide an additional stream of revenue that had not been possible otherwise. They could combine larger and smaller companies to take on either one or several bigger, or smaller projects and deals.
But, joint ventures should not be confused with the merger as there are several fundamental differences between the two. Firstly, where there is the transfer of ownership effectuated between the partners in a merger, no ownership is transferred in a joint venture. Further, in case a merger deal happens, both the parties continue to carry out business operations as one single firm rather than two separate firms. On the other hand, a joint venture happens when two firms continue to carry out their business operations but form a separate entity.
Therefore, a joint venture could dramatically increase the scale of operations and reach of the business while reducing business risks at the same time. However, without proper knowledge, it could be riskier for start-ups and could cause harm to both the parties involved. Therefore, the article below provides all about joint ventures in Bhubaneswar, Odisha, the process of entering a JV, and its pros and cons for a business.
Odisha is formerly known as Orissa till 2011. It is located in the Eastern part of our country. 1st April is observed as Odisha Day. It is the 8th largest state in terms of area and the 11th largest state in terms of population. Odisha is the 3rd largest in terms of scheduled tribes, and population in India. This state shares its boundaries with West Bengal and Jharkhand in the north, Chhattisgarh in the west, Andhra Pradesh in the south, and the Bay of Bengal (2nd largest subdivision of India after the Arabian Sea) in the east. The region is also popularly known as Utkala (Ancient name), and this name also has its imprint on India’s national anthem,” Jana Gana Mana”. Demographically, various languages are spoken in this state, but amongst them, Odia is majorly spoken by the native people.
Odisha is an attractive tourist destination of various architectural wonders. Odisha is infamous for its historical heritage sites and enchanting views. From beaches to pilgrimage and monuments, Odisha offers a plethora of enthralling endeavors to travelers who visit from all over the world. There are a ton of places to attract tourists like Puri (one of the char-dhams or four holy places for Hindus), Bhubaneshwar (the temple city of India), Chilika lake in puri (India’s largest brackish water lagoon), Jaganath Temple in puri (World famous chariot festival in the month of June-July), Konark Temple (UNESCO World Heritage Site), Rourkela (steel city of Odisha) and many more.
According to the survey conducted by Forest India in 2012, Odisha comprises 31.41% of the state’s total area. Due to the favorable climate conditions, Odisha’s moist and evergreen tropical forests are suitable ecosystems for wild orchids. Odisha consists of various national parks, wildlife sanctuaries, and bio reserves such as Simlipal National Park (the highest tiger population in the state), Chandaka Elephant Sanctuary, and Bhitarkanika National Park, etc. The backbone of Odisha lies in the villages and farmers. The state government initiated various innovative schemes to increase farm productivity like the Jeebika scheme, Digital Mandi Yojana, Mobile Veterinary Unit (1st state to organize animal health camps), Biju Krushak Yojana, and many more. During the crisis times, the state government sponsored the Indian hockey team, which led to remarkable achievements for the country through their spectacular performance in the Tokyo Olympics.
Capital- Bhubaneswar
Top Business Idea in Odisha
Odisha’s main economy relies on agricultural-based products, production, and cultivation. However, by the collaborative efforts of inhabitants and government, State is transiting into business strata. Odisha is becoming the best place for entrepreneurs as the government is providing the ease of doing business and other essential facilities. The main realms in which lucrative business models can be set up are tourism, hotels, restaurants, transport, communication, insurance services, and other financial profiles. Given below is the list of feasible and profitable business ideas with less investment that can be commenced on a small scale.
Candle-making business
This is the most affordable business with mere investment; investors or entrepreneurs can initiate this business model. To fulfill the high requirement of candles in the state candle making business is a good startup idea. Moreover, there are different types of candles available such as traditional white, decorative, scented, and many other types. Even the raw materials used for the candle-making process are easily available in the market.
At the initial stage, you can start making candles at your home and sell them locally. After that, get in touch with the wholesalers, grocery stores, vendors, and many other places where the demand is high. There is already a huge market for decorative candles as a gift item. Once you have started making good connections in the local market, This small investment that you have made will gradually lead you to a massive profit.
Cashew nut processing business
The cashew nut processing business is a profitable and cost-effective business that can be initiated with a small investment. As we know, Orissa is a famous state for cashew nut production, so there is a high demand for cashew nuts in Odisha. First, let’s understand the market before starting the business. Cashew nuts need proper processing and finishing it is necessary as people do not consume raw cashew nuts. Day by day, people are getting more health-conscious, so they demand proper process cashews which contain multiple health benefits. But as per the demand for the cashew nuts, the supply of cashew nuts is not up to the mark. Therefore, before starting the business of cashew nuts, choose a preferred location where you can get raw materials. The small-scale business in providing a handsome salary.
Jute bag-making business
If you want to open a small-scale business, then preferably, a jute bag-making business is the best. Odisha is popular for jute production. Jute has significance in our daily lives, such as in the form of jute bags, chairs, tables, and many more. Hence has always been an integral part of our daily life. It can be a productive and cost-effective business if the raw materials are used effectively. From the business perspective, it requires a small investment, but you can earn a lot of money through its outcome. You can quickly start this business in Odisha as jute has been an integral part of our daily lives and is easily available all over the state.
Startup Ecosystem in Odisha
Over the past few years, several initiatives have been implemented by the Government of Odisha, and these Initiatives have majorly impacted the ease of doing business in Odisha. TheDepartment for Promotion of Industry and Internal Trade (DPIIT) has ensured that the state has a vibrant startup ex. Startup Odisha is the state’s prominent initiative to create a favorable ecosystem for the startup to aspire and flourish.
State provides the firm financial support for the investors or entrepreneurs for establishing both public and private institutions. Even the state has extended its support to the universities by conducting various training programs for the faculties to equip them in the region of entrepreneurship and innovation. The state has also planned to create an annual campaign named the startup Odisha Yatra. The main aim of this platform is to inspire and educate the students, innovators, and entrepreneurs of remote areas to realize the importance of entrepreneur goals which will be encouraging for the future of our state.
Let’s talk about the financial aid provided to the startups. The Odisha youth innovation award gives an amount of ₹ 50000/- for thinking of an innovative business idea, ₹ 1 lakh at the prototype stage, and INR 3 lakh at the scale-up stage to a large number of startups every year.
Types of Joint Ventures in Bhubaneswar, Odisha
i. Equity-based Joint Ventures in Bhubaneswar, Odisha-Under an Equity-Based Joint Venture the parties to the JV create an independent legal entity following the mutual understanding between two or more parties. These parties or partners agree to provide investment or other resources by way of their contribution to the capital or assets of the corporate entity. This structure is an ideal choice for long-term, broad-based joint ventures, and includes joint venture companies and joint venture limited liability partnerships (LLPs).
ii. Contractual-based Joint Venture in Bhubaneswar, Odisha–Contractual-based Joint Venture (JV) does not require the creation of a new and independent legal entity to work on a specific project or for a special purpose. This type of agreement is favored in situations involving a temporary task or for a limited activity or where a joint venture needs to be established for a limited term or a franchisee enters into a Joint Venture agreement for just this one project, while both the businesses shall continue to carry on their work.
iii. Incorporated & Unincorporated JVs in Bhubaneswar, Odisha-Further, JVs in Bhubaneswar, Odisha could also be incorporated or unincorporated. In case a joint venture is incorporated in nature, it is recognized as a separate entity in the eyes of law in the form of any limited company (private /public) under the Companies Act, 2013 or a limited liability partnership under the Limited Liability Partnership Act, 2008, which could be established by way of setting up a new entity or investing in an existing entity.
However, in case the joint venture is unincorporated, they are more contractual and used by parties to meet their mutual business interests and enter into collaboration with one another for a common goal but prefer to remain loosely associated with the other parties. Unincorporated joint ventures in Bhubaneswar, Odisha could take the form of unregistered partnerships, strategic alliances, contractual joint ventures, and consortiums in general.
While the benefits of an incorporated joint venture over an unincorporated joint venture include separate legal status, limited liability for parties to the joint venture, perpetual succession, clear structure for accounting and governance, etc. the same benefits are not available in the case of unincorporated JV.
Key Considerations for entering into a Joint Venture in Bhubaneswar, Odisha
The key factors to determine the structure of a joint venture in Bhubaneswar, Odisha include a mixture of commercial considerations and regulatory requirements. The most common of them being-
i. The proposed business activities of the joint venture company in Bhubaneswar, Odisha (i.e. Manufacturing, project execution, services, or trading).
ii. The period for the proposed period of collaboration;
iii. Limitation of Liability exposure to the parties concerned subject to the nature of the business of the joint venture entities and the degree of risk associated with them;
iv. the proposed structure of management and the involvement of the parties to the
v. joint venture in the management of the JV;
vi. Proposed requirement of capital and flexibility for accessing financing options;
vii. Proposed exit mechanisms from the joint venture and ease of exit for the joint venture parties;
viii. Tax implications; and
ix. Regulatory compliances to be followed;
How to enter a Joint Venture in Bhubaneswar, Odisha?
i. The first step towards entering into a joint venture is through choosing the right partner that suits your business requirements which is a crucial tool of success for any JV.
ii. After one or more partners have been selected and agreed to enter into the venture, a memorandum of understanding (MoU) or a letter of intent is to be signed by the parties emphasizing the foundation of the future joint venture agreement.
iii. Then, an MoU must be entered by the concerned parties after consulting a CA firm in practice, who shall be versed in all applicable rules & regulations such as the Foreign Exchange Management Act 2000, the Companies Act, 2013, Income-Tax Act 1961, and all other rules, regulations, and procedures.
iv. A joint venture agreement must be acknowledged and signed by all the parties to the joint venture agreement that must include the following clauses-
- Applicable laws & regulations;
- Shareholding pattern;
- Composition of board of directors;
- Management Committee;
- Board Meeting, its venue & frequency
- General meeting, its venue & frequency
- The quorum for the validity of key decisions at board meetings;
- Transfer of shares;
- Dividend policy;
- Change of control & buy-out rights
- Restriction/prohibition on assignment;
- Non-compete restrictions;
- Confidentiality;
- Indemnity;
- Non-Disclosure of Information
- Jurisdiction for dispute resolutions;
- Termination criteria and notice.
- The exit of a Partner
- Dissolution of JV
v. Each party must carefully assess all the terms and conditions before signing the contract for which the cultural and legal background of the parties must be studied for negotiations.
vi. The JV union must obtain all the government and regulatory approvals and permissions within the specified period and then form a legal business entity under MCA guidelines which could be grouped into two classes – companies owned or controlled by foreign investors, and companies owned and controlled by Indian residents.
What are the pros & cons of entering into a Joint venture in Bhubaneswar, Odisha?
Joint ventures in Bhubaneswar, Odisha can be complicated arrangements, but they offer strong advantages to businesses, some of which include-
Pros of Entering Joint Venture in Bhubaneswar, Odisha
i. Combined strengths & expertise in Bhubaneswar, Odisha– An effectively established joint venture leverages both the parties to the joint venture by combining their collective strengths and diluting their weaknesses, helping them to get the best of both worlds.
ii. Temporary in nature in Bhubaneswar, Odisha – Joint ventures are usually created for a limited period, which means that they enjoy the flexibility to work for the period temporarily and could simply tie up and exit the joint venture if things do not work out.
iii. Diversification and scale in Bhubaneswar, Odisha– Joint ventures allow the partners to operate at larger scales than their possibilities, which means that they have access to better resources, technical knowledge, more effective distribution networks, and the ability to enter a new market without actually having to develop new products and services from scratch and expensing costs & time to the market.
iv. Pooled risk in Bhubaneswar, Odisha– Each business involved in the joint venture shares an equal proportion of risk with each party working towards a mutual goal. Thus, creating a joint venture could dilute the risks of losses that otherwise have to be sustained by a party alone for business failures.
v. New sources of revenue in Bhubaneswar, Odisha– Usually, smaller businesses often face difficulties due to limited resources and limited access to projects as compared to their competitors. Entering into a joint venture with a comparatively larger company could enhance its financial resources to help it grow dynamically over a short period. Also, the more extensive streams of revenue could provide the smaller firm with larger &diversified revenue streams.
vi. Intellectual property advantages in Bhubaneswar, Odisha– It is difficult for businesses to create advanced innovative technologies in-house always. Thus, entering into a JV with tech-efficient firms could help a business to get access to the IPRs without having to incur additional time or costs in the development of such assets or purchase licenses for use. Thus, a smaller innovative business with advanced technologies but limited funds and a large firm with access to financing could benefit each other through a joint venture for the development of
vii. Synergy benefits in Bhubaneswar, Odisha– Joint ventures could offer synergy benefits similar to those provided under mergers & acquisition deals, which may include either financial synergy causing a reduction in costs of capital or operational efficiency due to the two businesses working with each other. Similarly, parties to a joint venture could also enjoy economies of scale for their business.
viii. Improved credibility in Bhubaneswar, Odisha– Typically, it may take a long period for a business to grow its business and earn market credibility and a consumer base organically. However, entering into a joint venture with a business brand that has already established its goodwill in the market could help them to attain boosted market presence and credibility more quickly.
ix. Creating Barriers to competition in Bhubaneswar, Odisha– Finally, one of the key reasons for businesses to consider entering into a joint venture is through avoidance of competition and pricing pressure in the market. Creating collaboration with other start-ups could help them to set rigid barriers for competitors making it even more difficult to penetrate the marketplace.
Cons of Joint Ventures in Bhubaneswar, Odisha
However, some JVs in Bhubaneswar, Odisha may prove to be disadvantageous for the business causing a drain on resources and harming operations for both parent companies. Others may include-
i. Differences due to Culture clash in Bhubaneswar, Odisha- While it is common for a domestic company to enter a JV with a foreign business, some of them may struggle to reach an agreement due to cultural differences, processes, and approaches when two companies work together. Accordingly, differences in management skills and abilities, conflicting HR processes, and workplace cultures may make it harder for a JV to give fruitful results.
ii. Poor Decision Making in Bhubaneswar, Odisha- Trust is vital for any business relationship and any lack of trust could make decision-making more difficult if both parties need to sign off decisions ultimately leading to the failure of the business.
iii. Risk of dissemination of sensitive information in Bhubaneswar, Odisha- Since, there are high chances of the partners having access to sensitive business information that may include intellectual property or trade secrets, etc. Thus, this information lies at risk of being disclosed to any third party which may lead the other party to suffer heavy losses.
iv. Restriction in Flexibility in Bhubaneswar, Odisha- For every business to flourish in the area of its expertise, there is required of flexibility in its working structure. However, due to the higher risks of costs and expenses involved, the involved partner businesses lose the flexibility of work in their course of forming a new business entity.
v. Restricts other opportunities in Bhubaneswar, Odisha- Generally, a Joint venture agreement restricts the outside similar business activities of the companies involved, while the project is in progress, it limits the parties to look for other business opportunities.
vi. No Limited Liability in Bhubaneswar, Odisha- One of the biggest shortcomings of a joint venture is that an unincorporated structure has no means to offer protection of limited liability to the businesses involved.
vii. Uneven Involvement in Bhubaneswar, Odisha- Usually, it is seen that the parties to a Joint-venture share the same level of involvement in the project concerned. For instance, where one company in the JV is responsible for the production of goods while the other is accountable for sales & promotional activities, the responsibilities of each company differ from each other, thus it may create discontent among parties sometimes.
Joint Venture Compliance Requirements in Bhubaneswar, Odisha
Every joint venture in Bhubaneswar, Odisha must disclose and submit a report of its ultimate beneficial ownership under various applicable laws and regulations, especially under the provisions of the Companies Act, 2013 (the Companies Act) and the Prevention of Money Laundering Act, 2002 (PMLA), as applicable. Companies (Significant Beneficial Owners) Rules, 2018, envisages concepts of ‘beneficial interest’, ‘significant beneficial owner’, and ‘significant influence’ in the context of companies which is dependent upon factors degree of shareholding, voting rights, dividend entitlement, and power to participate in the financial and operating policy decisions of the company.
Further, joint ventures in Bhubaneswar, Odisha involving inflow & outflow of foreign exchange shall be subject to strict rules & regulations prescribed under the provisions of the Foreign Exchange Management Act, 1999 (FEMA) under the provisions of the Reserve Bank of India (RBI).
Exiting a joint venture in Bhubaneswar, Odisha
While some joint ventures in Bhubaneswar, Odisha are of continuing nature, most of them are for a defined period and come to an end once the objective of the agreement comes to an end. But, for a Joint venture to come to end smoothly, each one must have an effective exit strategy in place.
Exit Strategies are a key part of the JV agreement that includes the manner of sale of assets, buy-out strategies & rights by one partner from the other. It also includes the details of the notice period one party is required to give to the other if desired, resolution of disputes, and offering either party right of first refusal to buy the other partner out. Typically, there may be one or more reasons leading to the exit of a partner, including-
- On committing a serious breach of the agreement.
- Serious differences due to conflicts
- .Fulfilment of the purpose for which the JV was entered.
- Insolvency of the exiting partner
Thus, Joint Venture Agreements are an effective means to achieve business growth and enjoy business profits long term. The reasons behind forming a joint venture may be improving business operations, developing new products or services, entering new markets or access to greater capacity and resources, or better marketing & development channels. But, above all, provide companies with a platform to come together and pool their finances, ideas, and resources to develop a specific project one may have strong potential for growth and you may have innovative ideas and products while the other may have better finances or any other required resource.
However, the parties to Joint Venture in Bhubaneswar, Odisha must consider creating and signing a well-drafted agreement that governs the parties involved in the agreement including provisions for termination for default and making good the losses sustained by one party due to the other.
