Strategic alliance contract
This contract regulates commercial relationships between two companies which wish to obtain mutual benefits by means of the establishment of an Alliance (partnership) that may have different objectives: to carry out a research project, design and manufacture of new products, provision of complementary services, sharing of customers and commercial networks etc. The Alliance (partnership) is based on a collaboration agreement between two or more parties to pursue a set of agreed upon necessary objectives whilst remaining independent organisations and does not entail the establishment of a company with share capital; this is similarly called a non-corporate joint venture. If the partners are interested in a contract that facilitates the formation of a separate company the Joint Venture Contract must be used. The establishment of the Alliance (partnership) implies the constitution of a Management Committee which shall be responsible for deciding on and addressing the emerging issues. As regards this Committee, it must be specified which persons will be members of said commission on behalf of each member of the Alliance (partnership); the matters shall be dealt with and addressed and which matter shall require a unanimous decision. Likewise decisions as regards the business areas and management shall be made and shall be the responsibility of each of the members of the Alliance (partnership). It is customary that the possible economic benefits of the Alliance (partnership), if any, are divided among the participants equally, but it is also possible that specific rules which modulate said distribution are established, in particular if the Alliance (partnership) comprises of several members. The time frame of the Strategic Alliance Contracts is medium-term (5 years) or long-term (10 or 20 years), given the activity for which they are incorporated generally requires a considerably longer period of time in order to be executed successfully. Model of Strategic Alliance Contract.