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Your Questions About Joint Venture Agreement

Thomas asks…

Rental Business: sending a suggested business agreement to a potential partner. mention his wife’s name?

Hi All,
I’m about to send a suggested business agreement to a potential joint venture partner who is also a friend of mine. He is married. Should I mention his wife’s name on the agreement or just his name is fine? I guess I’m OK with both options just not sure which one is more common(?) THANKS.
PS. a section included in the agreement is called “Transfers under the Family Law Act ” so it does mention right of spouse on property in case of divorce etc.. However, as mentioned, I’m not sure if her name should be shown anywhere in the agreement or not(?)

kenspong answers:

Just his name. What’s his partner got to do with it? If you were phoning him up to go for a round of golf, would you ask him or his partner?

Richard asks…

Can an origination fee be charged in Real Estate investment that doesn’t get built?

I have invested with a company in Utah that charged an origionation fee for me to purchase a property in a pre-construction joint venture agreement.

I front ten percent down for the investment, the money goes into escrow, the company who finds this investment charges a fee and then the project is never built. My escrow money can be refunded and they keep my origination fee for their efforts?!

Is this legal? I am not sure if there is a law that says it is illegal, but I would love to know the Utah statuate that says I can get my origination fee back.
I have worked with this company for a long time and still do their computer networking. I have access to all their files and can see even the most sensitive data at this company. I have done my homework. My question is one of legality. . .Not a scam. Please answer MY question here, not suggest that I ask a different one like did I get scammed.

kenspong answers:

Hi Byron – well I sure wish I knew how to answer this for you, but unfortunatly I don’t have a clue. Good luck in finding more information out.

As you, I didn’t like the other person’s answer so I thought I’d step in as you offered and claim the points – thank you!

Ken asks…

Could you please answer me this business law question?

Optima Medico Corporation, a U.S. firm, signs a contract with Pharma Beneficial, Ltd., a Canadian firm, to give Pharma the right to sell Optima’s products in Canada. This is

a. a distribution agreement.

b. a joint venture.

c. direct exporting.

d. licensing.

kenspong answers:

A

Joint venture usually involves sharing profits.
Direct exporting would involve Optima selling in Canada
Licensing would be giving Pharma the right to manufacture products developed by Optima

Daniel asks…

Leaving the UK when on a ‘leave to Enter’ visa?

On a ‘Leave to Enter’ the UK visa, would it be seen for a couple in a civil partnership to be outside the UK for four months as reason to refuse a ‘Leave to Remain’ visa? We have a 4-month business in my partner’s country and 8 months work here per year which we can verify via rental agreements and joint-ventures. Thanks.

kenspong answers:

No. There is no residence requirement at all for those who are on a settlement visa.

There are three things however that y should be aware of.

1. Frequent trips abroad separately. The settlement visa conditions include that you intend to live together so watch the time you spend apart, log evidence of the reasons.

2. If the settlement visa holder remains resident outside the UK for more than two years, you lose ILR.

3. If the visa holder wishes to eventually apply for British citizenship, s/he cannot have been outside the UK for more than 270 days in the three years prior to applying or 90 days in the last 12 months before applying. There is discretion for unavoidable absences in excess of this, but you should be keeping a very strict record if this is your intention.

Laura asks…

which publishing offer should i take?

this is the same place offering me two contracts. which one is best???

option1: Joint Venture Publishing Agreement:Bonus To You at 1000 Sales

_________________________________________________________________________________________

When you achieve sales of your first 1000 books we will pay you a $1000 bonus and subsequent books by you will be published at no charge. Thus, you can really consider this a “no cost” option. The joint venture program allows you to go from your manuscript straight to a professionally printed book as quickly as possible. We include all typesetting and cover design necessary to finish your book and will make your book available to thousands of book outlets around the world as well as direct sales from the website we will create for you. There is a one time payment $995 that covers our costs of production. In the spirit of a 50/50 joint venture, we ultimately offer a 50% royalty.

We do offer a payment plan for the $995 if needed. The agreement below may be filled out online here, including signature if this is your preferred Option.

Advantages of the JV (Joint Venture) Publishing Agreement

1.Publishing can begin immediately

2.Royalty begins immediately on book sales

3.1000 dollar bonus at 1000 book sales

4.You get a World Class Professional Author Website

5.You get a professional Press Release

6. A 33% discount on all subsequent books

7.Offer of standard Publishing Contract at 1000 books* (please inquire)

8.Payment plans available

9.Exceptional Customer Service

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Option 2: 100 Pre-Sales Publishing Agreement

________________________________________________________

Our presell publishing program will cost you nothing to publish your book as long as you can pre-sell 100 books. Many of our authors know they will sell 100 books or they just buy them right away. Many of our authors have friends and family and organizations that support their writing and they buy the 100 books to help the author. Once 100 books have been sold, either by your direct efforts or via the website that we create for you, then we will move ahead with the publication of your book from start to finish. There is a one time fee of $197 for which you receive a permanent ecommerce selling website for you to use in achieving and tracking your sales. We will build the selling website for you, it is your responsibility to sell the books. Advance sales of books is fairly normal in the industry.

The 100 Presales Option Agreement is below. The agreement may be filled out online here, including signature if this is your preferred option.

Advantages of the 100 Presale Publishing Agreement

1.Initial cost is very affordable

2.We provide an immediate World Class Professional Author Website to help you sell

3.You receive royalty plus a $1000 bonus at 1000 book sales

4.You get a professional Press Release

5.A 33% discount on all subsequent books

6.Offer of standard Publishing Contract at 1000 books* (please inquire)

7.Unparalleded Customer Service
there was alot more in the email, but it wouldn’t let me copy and paste it all. but they said that my offer was some were in the middle

kenspong answers:

Run from both.

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