How Do You Plan To Deal With The Special Control Issues For Overseas Operation

Common Control Issues:

1.        “Often a party with only a minority financial interest in the project will want to be promised control over the management of the project.”

2.        “Other major control issues between the joint venture parties are risk and timing of return.”

3.       “Another major control issue arises when, as is typical in many power project joint ventures, the project company enters into an agreement with the controlling party or an affiliate – an affiliated transaction.”

4.       “Further, the host country law may provide limitations on the ability of directors that represent an affiliated interest to be involved in decisions regarding an affiliated transaction.”

Common Control Issues:

1.        “Often a party with only a minority financial interest in the project will want to be promised control over the management of the project.”

2.        “Other major control issues between the joint venture parties are risk and timing of return.”

3.       “Another major control issue arises when, as is typical in many power project joint ventures, the project company enters into an agreement with the controlling party or an affiliate – an affiliated transaction.”

4.       “Further, the host country law may provide limitations on the ability of directors that represent an affiliated interest to be involved in decisions regarding an affiliated transaction.”