Secretarial knowledge > agreement

[Boutique] Partnership Agreement Template


Part 1: Model of Partnership Agreement

Business cooperation Party A:

Business cooperation Party B:

According to the "Contract Law of the People's Republic of China" and relevant regulations, in order to clarify the rights and obligations of the lessor and the lessee, the contract is signed by both parties.

1. Party A is now renting a shop located at Shop 146, Doumen Riviera, in cooperation with Party B.

The term of cooperation is tentatively set for _____ years. If it is necessary to continue cooperation, the two parties will negotiate separately. The cooperation period between the two parties starts from _____ years _____ months _____ days to _____ years _____ months _____ days.

2. Party A is responsible for the provider shop; Party B is responsible for the operation and management. Party B pays the house compensation amount to Party A on a monthly basis in cash quota; Party B is responsible for paying other expenses incurred during the operation of the store. Party B is responsible for the profit and loss of the operation.

Term of payment of housing compensation: Party B must pay Party A the cooperation deposit, ie RMB ____________________ yuan, and pay the next month's compensation once before the end of each month. The monthly amount starts from _____ years _____ months _____ days To _____ year _____ month _____ day is RMB __________ yuan / month; from _____ year _____ month _____ day to _____ year _____ month _____ day is RMB _ _________ yuan / month.

3. Party B shall complete the decoration indoors and outdoors with the consent of Party A and relevant departments and report construction as required, but the structure of the house shall not be arbitrarily changed. Otherwise, Party B shall be responsible for the consequences.

4. If the two parties change the cooperation, if Party B transfers the management right to a third party due to work needs, Party B must obtain prior written consent from Party A. Otherwise, Party B shall be held liable.

5. During the cooperation period, Party B shall pay Party A the compensation for the house by means of remittance, and the remittance slip shall be used as evidence for future reference.

6. Party B is responsible for the water, electricity, telephone, community management fees and various taxes and fees incurred during the operation period. And the relevant government departments levy items not listed in this agreement but the expenses related to the use of the house are paid by Party B.

7. The agreement of the termination of the cooperation agreement due to Party B's responsibility during the cooperation period:

If Party B has one of the following circumstances, Party A may terminate the contract and confiscate the deposit and recover the management right of the shop, causing Party A's loss, and Party B shall compensate.

1. The amount of malicious arrears has accumulated for one month;

2, unilaterally withdraw from cooperation in the middle;

3. Use the house to conduct illegal activities;

4. Deliberately damage the structure of the house and the facilities and equipment;

5. Default.

8. Party B violates Article 7 of the Agreement and, within three days after receiving the notice of termination of the agreement, Party B shall clean up the contents of the house and return the house to Party A. If the item is not overdue, the item that has not been moved out shall be deemed to be waived by Party B. Party A shall have the right to clean up and recover the house, and Party B shall be responsible for the cleaning fee.

9. During the period of cooperation, neither party may terminate the agreement in advance. If the agreement is to be terminated early, it shall be notified in writing one month in advance, and the loss of the other party shall be compensated, such as due to the construction of the state or the occurrence of one of the provisions of Article 7 of this Agreement. If Party A must terminate the agreement, Party A shall not compensate Party A for the economic loss.

X. Party B must operate in accordance with the law, abide by the law and abide by the law, and do a good job in safety and fire protection. Party B shall be responsible for any accidental losses. 11. If the agreement expires without renewing the contract, Party A and Party B shall notify the other party one month in advance. Upon the expiration of the term, Party B shall return the shop to Party A unconditionally. After the transfer of both parties is correct, Party A shall return the deposit to Party B.

Matters not covered by this Agreement shall be settled through negotiation between the two parties. This Agreement shall be duplicated and each party shall hold one copy and shall have the same effect. The Agreement shall enter into force on the date of signature by both parties.

Cooperation Party A: Cooperation Party B:

Contact number: Contact number:

year month day

Shareholding cooperation contract agreement model

Chapter I General Provisions

Chen Qiang and Zhang Guojun, in accordance with the relevant laws and regulations of the People's Republic of China, and in accordance with the principle of equality and mutual benefit, through friendly consultations, agreed to jointly hold cooperative enterprises in Jiangyin City, Jiangsu Province, the People's Republic of China.

Chapter II Cooperation Parties

Article 1 The parties to this contract are:

Party A: Name ________, gender ____, age ________, address ________________.

Party B: Name ________, gender ____, age ________, address ________________.

Chapter III Participation in the cooperative operation company

Partner company name:

Partner address:

Article 2 All activities of the joint venture company must abide by the relevant laws and regulations of the People's Republic of China.

Chapter IV Purpose, Scope and Scale of Production and Management

Article 3 The purpose of cooperation between Party A and Party B is to adopt advanced and applicable technologies and scientific management methods in accordance with the desire to strengthen economic cooperation, and enhance market competitiveness, improve business volume and improve economy in terms of quality and price. Benefits, so that the partners can obtain satisfactory economic benefits.

Article 4 The scope of production and business of the joint venture company is: automobile maintenance, automobile maintenance, paint making, annual review, insurance and other automobile related businesses. .

Article 5 The scale of production and operation is as follows:

The company is now classified into three types of enterprises. With the development of production and operation, the scale of production can be expanded, the scope of business can be increased, and specific business projects can be adjusted and changed at any time according to the development and market conditions of the joint venture company.

Chapter V Total Investment and Registered Capital

Article 6 The total investment of the joint venture company shall be the capital contribution of Party A. Party A's existing fixed assets are valued at RMB.

Article 7 The registered capital of the joint venture company shall be paid by Party A. Party A agrees to remit the registered capital into the account of the joint venture company within one working day after the signing of this agreement takes effect.

Chapter VI Share Share Ratio and Profit Distribution

Article 8 The two parties agree not to calculate the proportion of the investment of the two parties, and to occupy the shares of the joint venture company and distribute the profits according to the agreed ratio.

Article 9 Profit Distribution: According to relevant state regulations, after withdrawing employee welfare funds, incentive funds and enterprise development funds on a monthly basis and paying the after-tax profits of corporate income tax, the surplus portion shall be distributed by Party A and Party B according to the equity ratio. Party B shall receive a monthly salary of 1,500 yuan when completing the objectives given by Party A.

Chapter VII Responsibilities of the parties to the joint venture

Article 10 Party A and Party B shall be responsible for completing the following matters

Party A's responsibility: 1.____________ is the person in charge of the partnership. The licenses are: 1 to conduct business abroad, to enter into a contract; 2 to conduct daily management of the partnership; 3 to sell the partnership's products, to purchase common goods; 4 to pay the partnership debt;

Party B's responsibilities: 1) Participate in the management of the partnership; 2 listen to the report of the business person in charge of the partnership; check the partnership book and operation; 4 jointly decide the major matters of the partnership. 5 Actively develop business, focus on development business, and cooperate with the daily operation of the company. Party B shall provide a business value of at least RMB 100,000 a year.

Chapter VIII Taxation, Finance, Audit

Article 11 The fiscal year of the joint venture company shall be from July 1, 2010 to December 31, and all accounting vouchers, documents, statements and accounts shall be written in Chinese. The following year will run from January 1 to December 31. The joint venture company shall make a monthly record of each Party's business records for the purpose of inquiring and checking. The joint venture company shall provide the profitability of the company in the previous month at the beginning of each month to both parties.

Chapter IX Modification, Alteration and Dissolution of the Contract

Article 12 The modification of this contract and the subsidiary files must be signed by both parties A and B before they can take effect.

Article 13: If a party fails to perform its obligations under the contract or the articles of association, or seriously violates the provisions of the contract or the articles of association, causing the joint venture company to fail to operate or fail to meet the business objectives stipulated in the contract, it shall be deemed that the defaulting party terminates the contract unilaterally, and the other party has the right to the defaulting party. Claim. If Party A and Party B agree to continue to operate, the defaulting party shall compensate the joint venture company for economic losses.

After the contract is terminated, in addition to the existing fixed assets of Party A, in addition to the tools or equipment that Party A has purchased with the consent of Party B after the joint venture, if the fixed assets purchased with public funds after the joint venture shall be the combined price of fixed assets, The ratio is given to Party B.

Chapter 10 Liability for breach of contract

Article 14 Any party that breaches the contract shall compensate the breach of contractor for a total investment of 1% of the liquidated damages in accordance with international practice. The observant party has the right to terminate the company and require the defaulting party to bear the legal liability caused by the breach of contract and to compensate the economic loss caused by the observant party.

Chapter XI Applicable Law

Article 15 The conclusion, validity, interpretation, performance and settlement of disputes of this contract are governed by the laws of the People's Republic of China.

Chapter Twelve Dispute Resolution

Article 16 Any dispute arising out of the execution of this contract or related to this contract shall be settled through friendly negotiation between the two parties;

Chapter XIII Contract Entry and Others

Article 17 The following subsidiary agreement files shall be concluded in accordance with the principles stipulated in this contract, including: engineering agreements, sales agreements, profit distribution agreements, etc., which are all part of this contract. Implemented in conjunction with this Agreement and have the same legal effect. .

Article 18 This Agreement shall be in duplicate and each party shall have the same legal effect.

Article 19 This contract shall be signed in China by the legal representatives of both Party A and Party B on the _______ year _______ month ______ day.

The term of this contract is the year, and after the contract expires, either party has the right to propose the continuation of the contract.

person A person B:

Legal representative: Legal representative:

Part 2: Model of Partnership Agreement

person A person B:

In accordance with the relevant laws and regulations, and in accordance with the principle of equality and mutual benefit, Party A and Party B jointly cooperate to invest in shops to do security projects. This agreement has been concluded through friendly consensus.

Chapter 1 Cooperation Project

Article 1: 1. The projects that the two parties intend to jointly invest in are located in xx Computer City and are affiliated with Party A's name. Party A's free provider provides all the sources of goods and security supporting operations.

2. Cooperation The content of this project is: Party B agrees to jointly purchase xx computer city shops, and decorate them, and at the same time, according to the standards and scale of security materials and equipment determined by both parties.

4. The term of this cooperation project is x years, which is calculated from the date of signing this contract.

Chapter II Capital Contribution and Profit and Loss Sharing

Article 2: Party B confirms that the first phase of the investment of the project is x million yuan, and Party A is responsible for the purchase, management and technology of the store.

Article 3: The profit distribution method of cooperative operation is as follows: Party A and Party B each account for 50% of the net profit in the shop and enjoy the profit generated from the cooperative operation; if in cooperative operation, the cooperative operation generates the loan, the profit of the cooperative operation shall be The loan will be repaid first; the profit will be distributed once every three months, but 20% of the profit must be deducted as the follow-up development fund of the cooperative project. The loss sharing method is: Party B needs to bear the 30% loss of the first investment in the previous period! If it exceeds 30 % will bear half of the losses caused by the cooperative operation.

Chapter III Project Management

Article 4: Organizational structure of project management

1. The Management Committee is composed of both Party A and Party B. It is the highest authority of project management and management. It exercises its powers with reference to the relevant laws of China and the contractual agreements signed by both parties. Create your own Taobao Wangpu decoration shop optimization product promotion website customer service work logistics delivery

2. Store management is handled by Party A as the day-to-day business responsible for cooperative operations. The accounting is recommended by Party B. All cooperation funds must be allocated to the store funds. The relevant financial system will be implemented after the establishment of the management committee.

3. Other management personnel shall be determined by the joint appointment of Party A and Party B or by recruitment to the society.

Article 5: The specific business model, retail management and business rules and systems of the store operation shall be jointly formulated by both parties, and both parties shall strictly and fully comply.

Article 6: Each month, Party A and Party B shall convene a meeting to inform the operation of the store, including production and finance, and the corresponding plans and agreements formulated by all the partners shall be binding on all partners; special circumstances An interim meeting may be convened with the consent of the partners.

Article 7 The cooperator shall not engage in activities that damage the shops and damage the operation of both parties. The following matters concerning the operation of the shop must be approved by all the partners:

1. Investment scale or change of investment plan

2. Entering into a contract

3. Transfer or lease the property of the project

4. Project management investment and expenses exceed ____ million yuan

5. Dispose of other property rights or the property operated by the store for the other person to provide guarantee. The cooperative partner shall, without the consent of the partner, exercise the above-mentioned acts and cause economic losses to other partners, and shall be liable for compensation.

Article 8 The internal management matters of cooperative operation, such as the appointment of management personnel, the salaries, treatment, rules and regulations of the staff, and the withdrawal of the management of the partners, etc., shall affect the major matters of the cooperative operation and shall be approved by both parties.

Article 9 If a partner transfers his capital contribution, it must be approved by other partners. When the transfer is made, other partners have the right of first refusal. If they are transferred to a third party, the third party is treated as a partner.

Chapter IV Joining and Exiting of Cooperative Operations

Article 10 When a new partner joins a cooperative operation, it shall be unanimously agreed by all the partners, and a written cooperation agreement shall be concluded in accordance with the law.

Article 11 The new partner who joins has the same rights and assumes the same responsibility as the original partner. The new partners who join will be jointly and severally liable for the debts of the former cooperative business.

Article 12 If a partner withdraws from the business and needs to inform other partners one month in advance and the unanimous consent of all the partners, the partner may withdraw from the cooperative operation.

Article 13 Other

By consensus, the partners may amend this Agreement or make additional agreements on unfinished matters; if the contents of the supplement or amendment conflict with this Agreement, the contents of the supplement and the amendment shall prevail;

This Agreement consists of four pages and each partner holds one copy;

This Agreement shall become effective after it has been signed and sealed by all partners.

Party A: ___________

Party B: ___________

Signing time: ____ years ___ month ___ day

Signing location: ______________________

Part 3: Model of Partnership Agreement

Party A: ____ ID number: ______________ Party B: ____ ID number: ______________ Party C: ____ ID number: ______________

In the spirit of mutual benefit, unity and cooperation, the three parties of A, B and C reached the following partnership agreement on the joint operation of ____________________________ through friendly negotiation:

Article 1 Partnership Purpose

Using the management experience and personal relationships accumulated by the partners themselves, they will operate together to enable partners to create labor results and share economic benefits through legal means.

Article 2 The name of the partnership organization and the name of the partnership organization of the partnership project are: _______________ The partnership project is: _______________

Article 3 Partnership Period

Since ____________________________.

Article 4: Distribution of property shares of partnership organizations

Each partner’s share of the partnership’s property is: ________________________.

Article 5: Wages, surplus distribution and debt commitment

1. Bonus distribution: During the operation of the partnership organization, the wages of each partner are

___________________. With the deepening of the partnership, after the profit is considerable, the bonus will be paid at the end of the year. The amount of the bonus is determined by the partner meeting according to the income status and individual contribution.

2. Surplus distribution: Excluding operating costs, daily expenses, wages, bonuses, taxes and fees payable, etc., the net profit, that is, the partnership income-generating surplus, which is the focus of the partnership, will be the partnership property owned by each partner. Share is based on proportional distribution.

3. Debt commitment: If there is debt in the course of the partnership, the partnership debt is first repaid by the partnership property, and when the partnership property is insufficient, the share of the partnership organization possessed by each partner is based on the proportion.

Article 6 Transfer of delisting and resigning

Remove the name. A partner who has one of the following circumstances may, with the unanimous consent of the other partners, decide to remove him:

Individual loss of solvency;

Failure to fulfill the capital contribution obligation;

Economic losses to the partnership due to intentional or gross negligence;

There are misconducts in the execution of partnership affairs;

The partner has violated the provisions of Article 9 of this Agreement.

The delisting resolution of the partner shall be notified in writing to the delisted person. The delisted person shall be removed from the delisted person from the date of receiving the notice of delisting. After the partner withdraws from the partnership, it is deemed to have waived its share of the property in the partnership and no longer participates in the profit distribution of the partnership organization this year. Other partners automatically own the share of the property, but they are not excused from giving it to other partners. The damage caused.

Transfer of partnership property shares

During the partnership, the partner shall not arbitrarily transfer all or part of its share of the property in the partnership without the written consent of all partners. If the partner transfers to a third party other than the partner with the written consent of the other partner, the third party shall be treated as a new person. If a third party other than the partner transfers the share of the partnership’s property, it will become a partner of the partnership after the modification of the partnership agreement.

Article 7 Partner Meeting, Partnership Leader and Partnership Implementation

Partner conference system

1. Convening: The meeting of the partners is convened and presided over by the executor of the partnership. The person in charge of the partnership may decide to convene a meeting of the partners according to the circumstances;

2. Time: Under normal circumstances, once a month, the specific convening time is decided by the person in charge of the partnership according to the situation;

3. Voting rights: Each partner has the right to vote at the meeting of the partners. Except as otherwise provided in this agreement, the decision on major matters shall be approved by the partners who account for more than two-thirds of the shares of the partnership. The matter is decided by a partner who accounts for more than one-half of the share of the partnership’s property;

4. Significant events: Major matters that must be approved by a partner who has more than two-thirds of the share of the partnership's share of the partner's share of the partnership's meeting means:

Recommend a executor of the partnership;

Increase or decrease the types of operations, adjust and convert business projects, and expand business;

Appropriate adjustments shall be made to each partner’s share of the partnership’s property share and profit distribution;

Determine the internal organization setting and financial revenue and expenditure plan of the partnership organization

Determine the operating price and salary, bonus, and welfare system of the partnership

other

5. Other work meetings:

The executor of the partnership convene a working meeting with the partners of the partners and the partnership organization;

The executor of the partnership convene a working meeting with all the partners and all the members of the partnership organization;

The business manager hosts a working meeting with subordinate staff every month.

Upon the decision of all partners, _____ is appointed as the executor of the partnership, and its license is:

1. Convene a meeting of the partners to enjoy the final decision on the major matters of the partnership organization. 2. Conduct business abroad and enter into a contract;

3. Inspect and supervise the execution of partnership affairs by other partners, and appoint and dismiss and adjust their duties and responsible matters according to the meeting of the partners;

4. Responsible for the business manager of the partnership organization based on the nomination of the executor of the partnership, and determine the remuneration that should be enjoyed;

5. According to the profitability of the partnership organization and the individual performance of the executor of the partnership, the company has the right to make appropriate adjustments to the share of the partnership's assets and the profit distribution of the partnership executor.

Upon the decision of all partners, ______ is appointed as the person in charge of the internal administrative affairs of the partnership and is responsible for the internal operations and management of the partnership. Its license is:

1. Organize the implementation of a partner meeting;

2. Carry out comprehensive daily management of the partnership organization's operations;

3. Formulate the internal management system of the partnership organization;

4. Formulate the internal organization setting plan and reward and punishment incentive system of the partnership organization;

5. To invite or dismiss the business manager of the partnership organization;

6. Review cash receipt and payment vouchers and daily financial expenses;

7. Other functions conferred by the Partner Meeting.

Upon the decision of all partners, ______ is appointed as the financial and logistics manager of the partnership organization, and assists other partners to participate in the day-to-day operation and management of the partnership organization.

1. Responsible for the executor of the partnership, and preside over the daily financial and logistics work of the partnership organization;

2. Formulate the financial system of the partnership organization, prepare the financial revenue and expenditure plan of the partnership organization, check and supervise the implementation of the financial system, and promptly inform other partners about the implementation of the financial plan; 3. Supervise and promote the relevant departments of the partnership to reduce consumption and economy. Cost, reasonable use of funds, forecasting the annual operating costs and profits of the partnership organization, and forming a forecast report for the decision of the partner meeting decision;

4. Formulate the job responsibilities of the financial institution setting plan and the financial cashier;

5. Responsible for personnel file management. Organize, collect and archive related materials, and report to the destruction or archive according to the prescribed procedures;

6. Formulate the operating price of the partnership organization and the salary, bonus, and welfare system, and manage the business invoice;

7. Manage the cash flow of the partnership organization and the exchange of funds with the bank, and check in time to ensure that the accounts are clear and the accounts are consistent;

8. Other functions conferred by the Partner Meeting.

Article 8 Rights and Obligations of Partners

Partner's rights:

1. Participate in the meeting of partners and supervise the execution of partnership affairs;

2. The partner has the right to distribute the interests of the partnership;

3. The partner's distribution of the partnership interest shall be based on the proportion of the shares of the partnership organization or in accordance with the agreement of this agreement, and the property accumulated by the partnership shall be owned by the partners;

4. The partner has the right to withdraw from the partnership with the written consent of all partners.

Partner's obligations:

1. Maintain the unity of the partnership organization's property in accordance with the agreement of the partnership agreement;

2. Share the debts of the partnership business losses;

3. Joint liability for partnership debt.

Article 9 Prohibition

Without the authorization of the partnership agreement or the meeting of the partners, it is forbidden for any partner to conduct business activities in the name of the partnership organization privately, and to obtain the benefits of the business privately to all the partners, and the losses caused by the partners shall be fully compensated by the individual;

It is forbidden for partners to participate in the business that is similar to or competitive with the partnership project. If it violates the regulations, it shall pay the partnership organization a penalty of 12 times the profit of the highest profit in the previous two years;

Unless otherwise agreed by the partnership agreement or agreed by all partners, the partner may not conduct transactions with the partnership. If there is a violation, the proceeds of the transaction shall be owned by the partnership organization, and the losses caused to the partnership organization shall be doubled;

A partner may not engage in activities that harm the interests of the partnership.

Article 10 Liability for breach of contract

If the partner transfers his share of the property without the unanimous written consent of the other partners, if the other partners are unwilling to accept the transferee as a new partner, they may be dealt with as a new partner, and the transferred partner shall compensate the other partners for the resulting Total loss;

If a partner privately pledges its share of the property in the partnership, and its conduct is invalid, thereby causing losses to other partners, the partner shall bear full liability;

If a partner seriously violates this Agreement or the partnership is dissolved due to gross negligence, the other partners shall be liable for compensation;

Article 11 Dispute Resolution

In the event of any disputes arising out of or in connection with this Agreement, the partners shall first consult together and, if the negotiation fails, submit to the Changsha Arbitration Commission for arbitration.

Article 12 Others

By consensus, the partners may amend this Agreement or make additional agreements on unfinished matters; if the contents of the supplement or amendment conflict with this Agreement, the contents of the supplement and the amendment shall prevail;

This Agreement consists of four pages and each partner holds one copy;

This Agreement shall become effective after it has been signed and sealed by all partners.

Signature of all partners:

Party A: ___________

Party B: ___________

Party C: ___________

Signing time: ____ years ___ month ___ day

Signing location: ______________________

recommended article

popular articles