Generally, a joint venture is an unincorporated business formed by two or more persons. It is essentially a partnership formed for a specific, limited purpose, and the laws governing both are basically the same. Once the business purpose of a joint venture is accomplished, it usually is dissolved. There is no distinction between the taxation of a joint venture and that of a partnership.

In most states, joint ventures are not recognized as legal entities apart from their participants. Some states limit the permissible acts of the joint venturers and their ability to legally bind each other.

Joint ventures can also be conducted in corporate form.

Acquisition of Existing Companies

A foreign person may obtain shares in an existing US company. A few industries are subject to restrictions on foreign ownership, including those involving the exploitation of natural resources, communications, shipping, nuclear and other power-generating facilities, and aviation. Additionally, some states have restricted foreign investment in real estate. Securities and antitrust laws should also be considered when making a stock investment in a US company.

 

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Ron Maiorano can be contacted at 416-777-8278 or via email at rmaiorano@kpmg.ca
     
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