Joint Ventures Africa Projects (JVA or JVAfrica) on smejvafrica.com are joint venture agreements that do not include the formation of a new entity. Instead, the venture is operated through the existing legal status of the venture partners (Co-Venturers referred to as SJVs/Backers and FJVs/Project Sponsors/Creators). Since the joint venture is not a legal entity, it does not enter into contracts, hire employees, or have its own tax liabilities. These activities and obligations are handled through the Co-Venturers  directly and are governed by contract law, as applicable on a case by case basis.

 

What is the definition of a Joint Venture (JV)?

A Joint Venture (JV) is the association of two or more individuals or companies engaged in a solitary business enterprise for profit without actual partnership or incorporation; also called a joint adventure.

A Joint Venture is a contractual business undertaking between two or more parties. It is similar to a business partnership, with one key difference: a partnership generally involves an ongoing, long-term business relationship, whereas a Joint Venture is based on a single business transaction. Individuals or companies choose to enter into Joint Ventures in order to share strengths, minimize risks, and increase competitive advantages in the marketplace. Joint Ventures can be distinct business units (a new business entity may be created for the Joint Venture ) or collaborations between businesses. In a collaboration, for example, a high-technology firm may contract with a manufacturer to bring its idea for a product to market; the former provides the know-how, the latter the means.  All Joint Ventures coordinated through smejvafrica.com are considered to be collaborations.

 

Joint Ventures are initiated by the parties entering into a contract or an agreement that specifies their mutual responsibilities and goals. Joint Venture participants must be specific about the intent of their Joint Venture as well as aware of its limitations. All Joint Ventures also involve certain rights and duties. The parties have a mutual right to control the enterprise, a right to share in the profits, and a duty to share in any losses incurred. Each Joint Venture participant has a fiduciary responsibility, owes a standard of care to the other members, and has the duty to act in Good Faith in matters that concern the common interest of the enterprise. A fiduciary responsibility is a duty to act for someone else’s benefit while subordinating one’s personal interests to those of the other person. A Joint Venture can terminate at a time specified in the contract, upon the accomplishment of its purpose, upon the death of an active member, or if a court decides that serious disagreements between the members make its continuation impractical.

 

Who is responsible for completing a project as promised?

Project Creators have the responsibility to complete their projects. While SME Global Partners LLC investigates Project Creators’ credibility and tracks their transactions on smejvafrica.com, smejvafrica.com does not guarantee the success of Joint Venture projects.

How do SJVs know if a project REACH COMPLETION?

While launching a JVA project on smejvafrica.com is a very public act, and JVA Project Sponsors/FJVs/Creators put their reputations at risk when they do so, there is no guarantee that a JVA Project will be successfully completed.

SJVs should look for FJVs who share a clear plan for how the project will be completed or who have a history of successfully completing projects. JVA Project Creators are encouraged to share links and as much background information as possible so SJVs can make informed decisions about the projects they support.

If a FJV has no demonstrable experience related to their project or doesn’t share key information, SJVs should take that into consideration. FJV may include links to websites showing work related to the project, the results of past projects, management or staff with related experience, references, videos, or other applicable information.

SJVs may request additional information related to the Joint Venture from the Project Creator via the “Contact me” button on the project page.

How do I know a JVA project sponsor/creator/FJV is who they claim they are?

Review the FJV’s bio section on the JVA project page. Confirm that the FJV has been vetted by SME Global Partners LLC and has an EDN#.  Other due diligence may be conducted via internet searches or reference checks.

What should JVA project sponsor/creators do if they’re having problems completing their JVAfrica?

FJV are expected to post regular project updates (which are emailed to SJVs).  Should problems arise, an explanation of the situation should be included in the project update.  SJVs and FJVs may collaborate to resolve the issues.

FJVs who cannot fulfil their project may offer refunds, verification and validation on detailing exactly how resources or funds were used, and other actions to satisfy SJVs.

Is a JVA Project sponsor/creator legally obligated to fulfill the promises of THE project?

Yes. smejvafrica.com is a SAAS platform for joint venture agreements that do not include the formation of a new entity. Instead, the venture is operated through the existing legal status of the Co-Venturers. Since the joint venture is not a legal entity, it does not enter into contracts, hire employees, or have its own tax liabilities. However, these activities and obligations are handled through the Co-Venturers directly and are governed by contract law.

For NGOs; Terms of Use require creators to fulfill all rewards of their project or refund any backer/SJV whose reward they do not or cannot fulfill.

The above terms create a legal requirement for FJVs to follow through on their projects, and to give SJVs recourse if they don’t. In the even that a project does not reach successful completion, SJVs may consider using this provision only in cases where the FJV has not made a good faith effort to complete the project.  Co-Venturers are advised to read all contracts carefully before entering into the Joint Venture.

Can smejvafrica.com refund the money if a JVA project is unable to fulfill?

No. smejvafrica.com does not issue refunds.  All Joint Venture transactions are strictly between SJVs and FJVs. JVA Projects Sponsors/Creators receive all funds (less fees) soon after their project begins. JVA Projects Sponsors/Creators have the ability to refund SJVs through Paypal Payments (for US projects) and smejvafrica.com (for non-US projects).

Why can’t SMEJVAFRICA.COM guarantee projects?

smejvafrica.com launched as a new way for African Project Sponsors/Creators/SJVs and global Backers to work together to make a positive impact in Africa or for Africans in the Diaspora. Traditional funding systems are risk-averse and profit-focused, and therefore many great ideas and micro-businesses never get the opportunity to succeed. smejvafrica.com links a wide variety of African ideas and businesses to new funding sources from around the world.

smejvafrica.com attracts Project Sponsors/Creators/FJVs with ambitious, innovative, and imaginative ideas. Many of the projects or businesses featured on smejvafrica.com are in earlier stages of development and are looking for the global community to bring them to life. smejvafrica.com acts as a bridge between African projects and global funding, but does not manage the project and does not partner with either Joint Venture participant to guarantee success.