Asset management liability contract
Enter into the contract:
Asset owner: ____, hereinafter referred to as Party A;
Asset management party: ____, hereinafter referred to as Party B.
According to the reform spirit of the Party Central Committee and the State Council on the separation of ownership and management rights, in accordance with the decision of the __ Municipal People's Government to approve the asset management responsibility system in the __ factory, through the city's public bidding and careful evaluation, the selection of the preferred Party B is __ factory asset management responsibility people. In order to clarify the rights and obligations of both parties, the contract for the operation of this asset is concluded by mutual agreement.
Chapter I Term of Business Liability
The current operating period starts from __year__month__day to __year__month__day, total __year__month.
Chapter II Business Responsibility Goals
1. During the operation period, Party B guarantees the total profit of __10,000 yuan. The goals achieved each year are as follows:
__Year __月__Day to December 31 of the year to achieve __ million;
__Achieve __ million yuan;
__Achieve __ million yuan;
....
2. The actual price of the assets calculated according to the total profit during the operation period is __10,000 yuan, and the asset price after the above increase is guaranteed is __10,000 yuan.
3. For the potential losses of the enterprise before the implementation of the asset management responsibility system, according to the amount verified by the Finance Bureau, the cost will be entered into the year during the operation period and gradually digested. The book loss before the implementation of the asset management responsibility system shall be compensated by the enterprise after tax.
4. While ensuring the realization of the target profit of __10,000 yuan, the depreciation fund shall be drawn at 10% of the annual depreciation rate, and the overhaul fund shall be drawn at 5%.
Chapter III Rights and Obligations of Both Parties
1. From the date of the entry into force of this contract, Party B shall be the legal representative of the ____ factory and exercise the rights of the director.
2. Party B shall enjoy the following rights on the premise of complying with the laws, regulations and policies of the State and local governments:
1. The right to appoint or remove the administrative cadres of enterprises;
2. Organizational right to set up;
3. The right to reform the internal distribution system of the enterprise and the autonomy of production and operation;
4. Employing, rewarding and punishing workers' rights, Party B has the right to deal with the national labor system for serious violations of discipline and invalid education.
5. Party B has the right to rent idle assets that are idle when the assets are value-added, safe and complete, but the sale, transfer, and disposal of the scrapped fixed assets must be approved by Party A, and the proceeds can only be used for technological transformation and equipment. Update.
6. Party B has the right to resist any intervention by external institutions and individuals that do not bear economic responsibility in accordance with the provisions of national laws, regulations and policies, and has the right to refuse to occupy, misappropriate, adjust corporate property and unreasonable apportionment.
3. Party B has the following obligations:
1. In business management activities, we must adhere to the direction of socialist management, implement the laws and policies of the party and the state, consciously accept the supervision of party organizations and workers' congresses, do a good job in democratic management, and ensure that corporate behavior is in line with national interests and macroeconomic control. Claim.
2. Manage and use all the property of the company, and all the property of the company must be socially insured.
3. Basic depreciation funds and overhaul funds will be withdrawn on time, and the proposed renovation funds and overhaul funds can only be used for technological transformation, adding new equipment, developing new products and returning special loans, and cannot be used for other purposes.
4. The creditor's rights and debts incurred during the operation of Party B shall be cleared and settled by Party B during the term of office, and the loss and income of bad debts shall be handled in accordance with the provisions of the financial system.
5. Party B must guarantee the payment of the labor insurance for retired and retired employees and the labor insurance premium for the payment of contractual employment according to the regulations, and ensure that the welfare and treatment of employees are continuously improved within the scope of national regulations and economic conditions.
6. When Party B's operation expires, it should be audited by the audit department.
4. Party A has the following rights and obligations:
1. Party A has the right to inspect and supervise the execution of the contract by Party B and has the right to perform industry management functions.
2. Party A is obliged to ensure that Party B enjoys the preferential conditions granted by the higher authorities within the scope permitted by the state policy.
3. Party A shall not interfere with Party B's normal production, business activities and personnel appointment and dismissal rights.
Chapter IV Distribution of Economic Benefits
1. The realized profit during the contract period shall be subject to income tax at __%, and __% shall be subject to adjustment tax. If the income tax paid by the annual profit base is __%, the financial return can only be used for the development of production and the return of short-term loans.
2. The loan from the enterprise to the bank or finance before the implementation of the asset management shall still be handled in accordance with the provisions of the original loan contract; the principal and interest of the special loan during the period of asset management shall be returned with the after-tax profit.
3. The profits realized by the enterprise during the operation period shall be subject to the annual final accounts of the municipal finance bureau. The pre-tax profit of the enterprise is returned to the special loan, and the “two golds” are allowed to be drawn according to the prescribed ratio. The source of “two golds” is solved by enterprises with excess profits. After deducting the income of operators and partners, the post-tax profits of enterprises are allocated according to the proportion approved by the financial sector, that is, production development funds account for __%, incentive funds account for __%, and welfare funds account for __%. To change the distribution ratio, the municipal finance bureau must obtain the consent.
Chapter V Awards and Penalties
1. Party B can complete the annual target profit index, and can get __ times of the standard salary of the person. The monthly temporary payment is 150% of the standard salary of the person, and the year-end settlement. Among them, __% is extracted as a risk fund, and the deposited company does not pay interest, and may not be used without the consent of Party A. I can enter the cost of the standard salary part, and the standard wage part is included in the company's post-tax profit. The annual target profit indicator is not completed, and the difference is partially covered by the company's profit. If the base profit index is not completed, every 1% drop will be deducted from 1% of Party B's basic income; if it is decreased by more than 20%, Party B's business qualifications will be re-examined.
2. The annual excess profit can be transferred to the next year's calculation. If the business period expires and the profit exceeds the target profit, each excess of 1% will be awarded to 10% of Party B's annual standard salary.
3. Asset value-added income, the ratio of the asset price calculated by the operator's winning bid and the asset price calculated at the time of the current operator's winning bid, and the value of the asset appreciation in the range of 15% or 30%, for each more than 1%, the person's year can be extracted. 10% of the standard salary; for each part of the asset value increase of more than 30%, each increase of 1%, extracting 5% of my standard salary. When the assets are impaired, the standard salary is deducted according to the proportion of the value-added reward.
4. On the basis of the completion of the annual target, within the excess of 100,000 yuan, the excess will be awarded 10% of the excess; the excess of the excess of 100,000 yuan will be awarded 5%. However, the total amount of employee awards shall not be less than the total amount awarded by Party B. The source of funds is included in the incentive fund for the repayment of the loan.
5. The income and rewards of Party B's partners shall not be higher than Party B's personal income and rewards. The specific calculation method is: _______________________________.
Chapter VI Economic Guarantee
1. Party B must use __ yuan as collateral, and the guarantor must pay the same amount of deposit.
2. Mortgage and security deposits must be submitted to the __ Factory Finance Section for inspection and storage at the time of signing, and may not be used without the consent of Party A.
3. After the above-mentioned mortgage, risk and deposit, the business period expires, the economic indicators stipulated in the contract will be returned to Party B and the guarantor upon completion.
Chapter VII Change, Termination and Dissolution of the Contract
1. The parties shall not arbitrarily change, terminate or terminate the contract. If Party A changes, terminates or cancels the contract without justified reasons, it shall bear economic responsibility in accordance with the law.
2. In any of the following circumstances, either party may change, terminate and terminate the contract according to the procedure of the arbitration department: Party B violates the law and discipline, causing major losses to the enterprise and harming Party A's interests. Party A has the right to propose termination of the contract.
Party B has the right to make a termination or cancellation of the contract due to poor management and management, resulting in an annual profit of less than 80% of the target profit.
Party A surpasses the contractual provisions and interferes with Party B's autonomy, making it unable to fulfill the terms of the contract. Party B has the right to terminate or terminate the contract.
3. Due to the adjustment of national policies or the irresistible natural disasters of manpower, it is necessary to change or terminate the contract. The parties may negotiate amendments and supplements.
Chapter VIII Supplementary Provisions
1. If Party B is unable to perform its duties due to special reasons, Party B may entrust another party to act upon notification, but the business responsibility shall not be transferred due to the entrustment.
2. The highest decision-making body of an asset management enterprise is a corporate council composed of an asset owner's representative, an operator's representative, and employee representatives.
3. This contract and its subsidiary files shall become effective as of the date of signing and shall terminate on their own after the expiration of the operation period.
4. Matters not covered in this contract shall be settled through negotiation between Party A and Party B. If there is a dispute, the government or the court shall decide.
5. This contract is notarized by the notary office. The original contract is a copy of Party A, Party B and the notary office, and several copies of the contract are sent to the relevant departments for reference.
Party A: __
representative:__
×××Notary Office
Notary
Party B: __
representative:__
__Year __月__日成
Asset owner: ____, hereinafter referred to as Party A;
Asset management party: ____, hereinafter referred to as Party B.
According to the reform spirit of the Party Central Committee and the State Council on the separation of ownership and management rights, in accordance with the decision of the __ Municipal People's Government to approve the asset management responsibility system in the __ factory, through the city's public bidding and careful evaluation, the selection of the preferred Party B is __ factory asset management responsibility people. In order to clarify the rights and obligations of both parties, the contract for the operation of this asset is concluded by mutual agreement.
Chapter I Term of Business Liability
The current operating period starts from __year__month__day to __year__month__day, total __year__month.
Chapter II Business Responsibility Goals
1. During the operation period, Party B guarantees the total profit of __10,000 yuan. The goals achieved each year are as follows:
__Year __月__Day to December 31 of the year to achieve __ million;
__Achieve __ million yuan;
__Achieve __ million yuan;
....
2. The actual price of the assets calculated according to the total profit during the operation period is __10,000 yuan, and the asset price after the above increase is guaranteed is __10,000 yuan.
3. For the potential losses of the enterprise before the implementation of the asset management responsibility system, according to the amount verified by the Finance Bureau, the cost will be entered into the year during the operation period and gradually digested. The book loss before the implementation of the asset management responsibility system shall be compensated by the enterprise after tax.
4. While ensuring the realization of the target profit of __10,000 yuan, the depreciation fund shall be drawn at 10% of the annual depreciation rate, and the overhaul fund shall be drawn at 5%.
Chapter III Rights and Obligations of Both Parties
1. From the date of the entry into force of this contract, Party B shall be the legal representative of the ____ factory and exercise the rights of the director.
2. Party B shall enjoy the following rights on the premise of complying with the laws, regulations and policies of the State and local governments:
1. The right to appoint or remove the administrative cadres of enterprises;
2. Organizational right to set up;
3. The right to reform the internal distribution system of the enterprise and the autonomy of production and operation;
4. Employing, rewarding and punishing workers' rights, Party B has the right to deal with the national labor system for serious violations of discipline and invalid education.
5. Party B has the right to rent idle assets that are idle when the assets are value-added, safe and complete, but the sale, transfer, and disposal of the scrapped fixed assets must be approved by Party A, and the proceeds can only be used for technological transformation and equipment. Update.
6. Party B has the right to resist any intervention by external institutions and individuals that do not bear economic responsibility in accordance with the provisions of national laws, regulations and policies, and has the right to refuse to occupy, misappropriate, adjust corporate property and unreasonable apportionment.
3. Party B has the following obligations:
1. In business management activities, we must adhere to the direction of socialist management, implement the laws and policies of the party and the state, consciously accept the supervision of party organizations and workers' congresses, do a good job in democratic management, and ensure that corporate behavior is in line with national interests and macroeconomic control. Claim.
2. Manage and use all the property of the company, and all the property of the company must be socially insured.
3. Basic depreciation funds and overhaul funds will be withdrawn on time, and the proposed renovation funds and overhaul funds can only be used for technological transformation, adding new equipment, developing new products and returning special loans, and cannot be used for other purposes.
4. The creditor's rights and debts incurred during the operation of Party B shall be cleared and settled by Party B during the term of office, and the loss and income of bad debts shall be handled in accordance with the provisions of the financial system.
5. Party B must guarantee the payment of the labor insurance for retired and retired employees and the labor insurance premium for the payment of contractual employment according to the regulations, and ensure that the welfare and treatment of employees are continuously improved within the scope of national regulations and economic conditions.
6. When Party B's operation expires, it should be audited by the audit department.
4. Party A has the following rights and obligations:
1. Party A has the right to inspect and supervise the execution of the contract by Party B and has the right to perform industry management functions.
2. Party A is obliged to ensure that Party B enjoys the preferential conditions granted by the higher authorities within the scope permitted by the state policy.
3. Party A shall not interfere with Party B's normal production, business activities and personnel appointment and dismissal rights.
Chapter IV Distribution of Economic Benefits
1. The realized profit during the contract period shall be subject to income tax at __%, and __% shall be subject to adjustment tax. If the income tax paid by the annual profit base is __%, the financial return can only be used for the development of production and the return of short-term loans.
2. The loan from the enterprise to the bank or finance before the implementation of the asset management shall still be handled in accordance with the provisions of the original loan contract; the principal and interest of the special loan during the period of asset management shall be returned with the after-tax profit.
3. The profits realized by the enterprise during the operation period shall be subject to the annual final accounts of the municipal finance bureau. The pre-tax profit of the enterprise is returned to the special loan, and the “two golds” are allowed to be drawn according to the prescribed ratio. The source of “two golds” is solved by enterprises with excess profits. After deducting the income of operators and partners, the post-tax profits of enterprises are allocated according to the proportion approved by the financial sector, that is, production development funds account for __%, incentive funds account for __%, and welfare funds account for __%. To change the distribution ratio, the municipal finance bureau must obtain the consent.
Chapter V Awards and Penalties
1. Party B can complete the annual target profit index, and can get __ times of the standard salary of the person. The monthly temporary payment is 150% of the standard salary of the person, and the year-end settlement. Among them, __% is extracted as a risk fund, and the deposited company does not pay interest, and may not be used without the consent of Party A. I can enter the cost of the standard salary part, and the standard wage part is included in the company's post-tax profit. The annual target profit indicator is not completed, and the difference is partially covered by the company's profit. If the base profit index is not completed, every 1% drop will be deducted from 1% of Party B's basic income; if it is decreased by more than 20%, Party B's business qualifications will be re-examined.
2. The annual excess profit can be transferred to the next year's calculation. If the business period expires and the profit exceeds the target profit, each excess of 1% will be awarded to 10% of Party B's annual standard salary.
3. Asset value-added income, the ratio of the asset price calculated by the operator's winning bid and the asset price calculated at the time of the current operator's winning bid, and the value of the asset appreciation in the range of 15% or 30%, for each more than 1%, the person's year can be extracted. 10% of the standard salary; for each part of the asset value increase of more than 30%, each increase of 1%, extracting 5% of my standard salary. When the assets are impaired, the standard salary is deducted according to the proportion of the value-added reward.
4. On the basis of the completion of the annual target, within the excess of 100,000 yuan, the excess will be awarded 10% of the excess; the excess of the excess of 100,000 yuan will be awarded 5%. However, the total amount of employee awards shall not be less than the total amount awarded by Party B. The source of funds is included in the incentive fund for the repayment of the loan.
5. The income and rewards of Party B's partners shall not be higher than Party B's personal income and rewards. The specific calculation method is: _______________________________.
Chapter VI Economic Guarantee
1. Party B must use __ yuan as collateral, and the guarantor must pay the same amount of deposit.
2. Mortgage and security deposits must be submitted to the __ Factory Finance Section for inspection and storage at the time of signing, and may not be used without the consent of Party A.
3. After the above-mentioned mortgage, risk and deposit, the business period expires, the economic indicators stipulated in the contract will be returned to Party B and the guarantor upon completion.
Chapter VII Change, Termination and Dissolution of the Contract
1. The parties shall not arbitrarily change, terminate or terminate the contract. If Party A changes, terminates or cancels the contract without justified reasons, it shall bear economic responsibility in accordance with the law.
2. In any of the following circumstances, either party may change, terminate and terminate the contract according to the procedure of the arbitration department: Party B violates the law and discipline, causing major losses to the enterprise and harming Party A's interests. Party A has the right to propose termination of the contract.
Party B has the right to make a termination or cancellation of the contract due to poor management and management, resulting in an annual profit of less than 80% of the target profit.
Party A surpasses the contractual provisions and interferes with Party B's autonomy, making it unable to fulfill the terms of the contract. Party B has the right to terminate or terminate the contract.
3. Due to the adjustment of national policies or the irresistible natural disasters of manpower, it is necessary to change or terminate the contract. The parties may negotiate amendments and supplements.
Chapter VIII Supplementary Provisions
1. If Party B is unable to perform its duties due to special reasons, Party B may entrust another party to act upon notification, but the business responsibility shall not be transferred due to the entrustment.
2. The highest decision-making body of an asset management enterprise is a corporate council composed of an asset owner's representative, an operator's representative, and employee representatives.
3. This contract and its subsidiary files shall become effective as of the date of signing and shall terminate on their own after the expiration of the operation period.
4. Matters not covered in this contract shall be settled through negotiation between Party A and Party B. If there is a dispute, the government or the court shall decide.
5. This contract is notarized by the notary office. The original contract is a copy of Party A, Party B and the notary office, and several copies of the contract are sent to the relevant departments for reference.
Party A: __
representative:__
×××Notary Office
Notary
Party B: __
representative:__
__Year __月__日成
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