Definition - "Joint Venture"

A "Joint Venture" is a default form of business, much like a Partnership, which is assumed by state law when no Corporation, LLC, or Limited Partnership is filed at the state level. A Joint Venture does not offer its owners liability protection or tax incentives, and it creates Joint and Several Liability meaning that every member and every investor will be liable for 100% of any costs, losses, or debts.

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ABOUT IFFA FINANCE PRODUCTS

Like all Internet based legal products, IFFA Finance Products are designed for the "Active Investor" scenario. Why? Because of the following important points to keep in mind:

  • SEC Filings: The Securities and Exchange Commission (SEC) requires that all passive investments be filed with the government. These filings carry with them substantial criminal and civil penalties if prepared incorrectly or in a misleading way. Only a licensed entertainment securities lawyer can assist a client with these filings.

  • State Securities Filings: Similarly, each State in the United States has its own version of the SEC, and requires its own filings. Once again, these carry substantial criminal and civil penalties if prepared incorrectly or in a misleading way. 

  • Complex Materials: Passive investment materials require more than 100 pages of documentation and filings.

  • Tax Guidance: A passive investment requires a licensed entertainment securities lawyer to certify that the investment qualifies for various tax provisions and incentives. This requires a licensed entertainment securities lawyer with extensive experience with tax law.

SECURITIES LAWYERS

The Independent Film Finance Alliance has prepared the best, most comprehensive entertainment finance products available on the Internet.  However, if you are working with a passive investment structure, we encourage you to contact an experienced, licensed entertainment securities lawyer from our Resources Page.

Pros and Cons of hiring a licensed entertainment securities lawyer:

Pros:

  • Creative freedom: A passive investor structure can ensure that your investors do not interfere in the creative process. Many producers find the creative freedom of a passive investor structure out weighs the costs.

  • Peace-of-mind: A licensed entertainment securities lawyer can give you the peace-of-mind that everything has been completed correctly, and can answer your questions about how to run and finance a passive investment.

  • Tax advantages: Multiple tax advantages can be seen both for the investors as well as the producer from a passive investment. Often tax advantages alone can sell the investment to potential passive investors.

Cons:

  • Cost: A typical passive investment structure prepared by a licensed entertainment securities lawyer typically costs $10,000.00 or more, meaning that some smaller productions may not be able fit this quality of service into their budgets.

 

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