The Production Company Partnership Agreement is essential for individuals or entities looking to establish a formal partnership structure for their production business in India. This document is particularly crucial in the media and entertainment industry where clear delineation of rights, responsibilities, and ownership is vital. It must comply with the Indian Partnership Act, 1932, while addressing industry-specific concerns such as intellectual property rights, project management, and revenue sharing. The agreement becomes necessary when two or more parties wish to combine their resources, expertise, and business acumen to operate a production company, whether for film, television, digital content, or other media formats. It covers critical aspects including capital contribution, profit sharing, operational control, project approval processes, and dispute resolution mechanisms, all within the Indian legal framework.
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1. Parties: Identification and details of all partners entering the partnership
2. Background: Context of the partnership formation and partners' intention to operate a production company
3. Definitions: Definitions of key terms used throughout the agreement
4. Partnership Structure: Details of partnership type, profit/loss sharing ratios, and capital contributions
5. Business Scope: Defined scope of production activities and permitted business operations
6. Management and Control: Management structure, decision-making processes, and voting rights
7. Financial Arrangements: Capital accounts, drawing rights, expense allocation, and accounting procedures
8. Production Projects: Process for project approval, execution, and management
9. Intellectual Property Rights: Ownership and management of IP created during partnership operations
10. Partner Duties and Responsibilities: Specific roles, commitments, and obligations of each partner
11. Non-Compete and Confidentiality: Restrictions on competitive activities and handling of confidential information
12. Addition and Retirement of Partners: Procedures for adding new partners or handling partner retirement
13. Dissolution and Termination: Conditions and procedures for partnership dissolution
14. Dispute Resolution: Mechanism for resolving disputes between partners
15. Governing Law: Applicable laws and jurisdiction
1. International Operations: Include when the production company plans to operate internationally
2. Digital Rights Management: Include for companies focusing on digital content production
3. Equipment Ownership: Include when partners contribute significant production equipment
4. Studio Facilities: Include when partnership involves ownership/operation of physical studio spaces
5. Content Distribution Rights: Include for companies handling content distribution
6. Talent Management: Include if the partnership involves representing artists or talent
7. Insurance and Liability: Include detailed insurance requirements for high-risk productions
8. Environmental Compliance: Include for productions with significant environmental impact
1. Schedule A - Partner Details: Detailed information about each partner including contact details and qualifications
2. Schedule B - Capital Contributions: Itemized list of initial and agreed future capital contributions
3. Schedule C - Profit Sharing Ratio: Detailed breakdown of profit and loss sharing arrangements
4. Schedule D - Asset Register: List of partnership assets including equipment and intellectual property
5. Schedule E - Project Approval Matrix: Decision-making framework for different types and scales of projects
6. Schedule F - Key Personnel: List of key employees and their roles
7. Appendix 1 - Operating Procedures: Detailed operational guidelines and procedures
8. Appendix 2 - Financial Protocols: Detailed financial management and reporting procedures
9. Appendix 3 - Compliance Checklist: List of regulatory requirements and compliance procedures
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