[Boutique] Tripartite Cooperation Agreement Template
Part 1: Model of the Tripartite Cooperation Agreement
Contract number:
person A person B:
Legal address: Legal address:
Legal representative: Legal representative:
Position: Position:
Attorney: Attorney:
ID card number: ID card number:
Mailing address: Mailing address:
Postal Code: Postal Code:
Contact: Contact
Phone: Phone:
Fax: Fax:
Account number: Account number:
E-mail: E-mail:
Party C:
Legal address:
Legal representative:
Position:
Attorney:
identification number:
mailing address:
Postal code:
Contact:
phone:
fax:
account number:
email:
In order to regulate the behavior of the partnership and protect the legitimate interests of the partnership and its partnership, in accordance with the "Company's Partnership Law of the People's Republic of China" and relevant laws and regulations, parties A, B and C shall be willing to voluntarily, equitably, fairly, and honestly. The principle of signing this agreement.
Article 1 Partnership Purpose
The three parties A, B and C are jointly operating the beauty salon business based on the principle of mutual benefit, common labor, joint operation and common development.
Article 2 Overview of Partnerships
name:
Business premises:
Business Scope:
Mode of operation:
Article 3 Partnership Period
The term of the partnership is for the year, from the date of the year to the day of the year.
Article 4 Ways of Funding
1. Party A: The amount of capital contribution is yuan, which is funded in a way, accounting for % of registered capital;
2. Party B: The amount of capital contribution is RMB, which is funded in a way, accounting for % of the registered capital;
3. Party C: The amount of capital contribution is RMB, which is funded in a way, accounting for % of registered capital.
The partnership contributed a total of RMB. The capital contribution of each partner during the partnership is still shared property and may not be requested to be divided at will. After the termination of the partnership, the capital contribution of each partner is still owned by the individual and will be returned at that time.
During the existence of the partnership, the capital contribution of the partners and all proceeds obtained in the name of the partnership are the property of the partnership, and their legal rights are protected by law.
Article 5 Time limit for investment
The capital contribution of each partner shall be paid before the date of the year. If the payment is overdue or not delivered, the bank interest shall be paid in accordance with the amount of the unpaid amount and the resulting losses shall be compensated.
Article 6 Investment Evaluation
In the case of investment in kind, the appraisal institution with the qualification of the enterprise legal person shall evaluate the price, and within the day after the verification of the registered capital of the company, handle the transfer of the property right according to law, and submit the relevant certificate to the company registration authority when the company is registered.
Article 7 Registration of Partnership Enterprises
All partners agree to designate as representatives or co-appointed agents as applicants, and apply to the registration authority for pre-approval registration and establishment registration of the company name. The applicant shall guarantee the authenticity, validity and legality of the files and certificates submitted to the registration authority and assume responsibility.
Article 8 Finance, Accounting
The partnership enterprise establishes the property and accounting system of the partnership enterprise in accordance with the "Accounting Law of the People's Republic of China" and the "General Principles of Corporate Finance" and "Accounting Standards for Business Enterprises" promulgated by the Ministry of Finance.
Article 9: Earnings Distribution
1. The partners work together and work together to share risks and share profits and losses.
2. The surplus distribution is based on the proportion and is distributed proportionally. The partnership company distributes the after-tax profits of the current year in the following order;
Extract 10% of the statutory reserve fund;
Extract 5-10% of the statutory public welfare fund;
The remaining profit is distributed according to the proportion of the partner's capital contribution.
3. The distribution of interests and losses of the partnership enterprise. If there are other changes, the specific plan shall be decided by all partners.
Article 10 Debt commitment
1. The debt of the partnership enterprise is repaid by the property of the partnership enterprise.
2. When the property of the partnership enterprise is insufficiently repaid, the partners shall bear the debt according to the proportion of their respective contributions.
3. The debt commitment of the partnership enterprise, if there are other changes, the specific plan shall be decided by all partners.
4. If one or several partners perform partnership business affairs, they shall report the execution of the affairs and the business status and financial status of the partnership enterprise to other partners who do not participate in the enforcement affairs, and the execution of the partnership enterprise The proceeds are attributed to all partners, and the losses or civil liabilities incurred shall be borne by all partners.
Article 11 Entrusted executor
The principal partner decides that the entrusting party will perform the partnership business and issue a power of attorney for the partnership.
Article 12: The duties of the executor
The executor of the business affairs is responsible to all partners and performs the following duties:
1. Conduct business outside and enter into a contract;
2. Hosting the daily production, operation and management of the partnership enterprise;
3. Formulate a specific plan for the profit distribution or loss sharing of the partnership enterprise;
4. Formulate the setting plan for the internal management organization of the partnership enterprise;
5. Formulate the specific management system or rules and regulations of the partnership enterprise;
6. Propose the operation and management personnel of the partnership enterprise;
7. Formulate plans to increase the contribution of partnership enterprises;
8. Report the implementation of the partnership business and the operating status and financial status to other partners every six months;
9. Except as otherwise provided in the Partnership Enterprise Law, when a resolution is made on a related matter of a partnership enterprise, more than two-thirds of the partners shall vote to pass the voting method of one person, one vote, but the number of votes in the disputed party When equal, the partner who performs the transaction has the power to decide.
Article 13 Rights of Other Partners:
1. The right to supervise the partners of the executive affairs and check the affairs of the executive partnership business;
2. In order to understand the business status and financial status of the partnership, the company has the right to access the books;
3. If the partner entrusted to perform the partnership business does not perform the affairs in accordance with this Agreement or the decisions of all the partners, it has the right to decide to revoke the commission;
4. When the partners perform the partnership business separately, the other partners have the right to object to the affairs performed by the partners. When an objection is filed, the execution of the transaction shall be suspended.
Article 14 Decisions on Enterprise Affairs
The following matters must be agreed by all partners:
1. Dispose of the real estate of the partnership enterprise;
2. Change the name of the partnership;
3. Transfer or dispose of the intellectual property rights and other property rights of the partnership enterprise;
4. Apply to the enterprise registration authority for registration of change registration procedures;
5. Providing guarantees for others in the name of a partnership enterprise;
6. Appointing a person other than the partner to be the management personnel of the partnership;
7. The new partner’s appointment and the withdrawal of the partner;
8. The partner conducts a transaction with the partnership;
9. The partner increases the capital contribution to the partnership to expand the scale of operations or make up for losses;
10. Relevant matters as agreed in the partnership agreement.
Article 15 Prohibition
A partner must ban during any of the following circumstances during the partnership:
1. It is forbidden for a partner to engage in self-employment or cooperate with others to operate a business that competes with the partnership;
2. It is forbidden for any partner to conduct business activities in the name of a partnership enterprise without the consent of all partners;
3. In addition to the consent of all partners, the partners are prohibited from trading with the partnership;
4. The partners are prohibited from engaging in activities that harm the interests of the partnership.
If the partner violates the above-mentioned articles, the benefits obtained by the business shall be attributed to the partnership enterprise, and the losses shall be compensated according to the actual losses. To discourage those who do not listen, the delisting may be decided by other partners.
Article 16: Occupation
New partners are admitted in the following order:
1. Subject to the consent of all partners;
2. The original partner informs the new partner of the business status and financial status of the original company;
3. Enter into an employment agreement in accordance with the law;
4. The new partner who is employed shall be jointly and severally liable for the debts of the enterprise before the occupation.
Article 17: Can withdraw from the partnership
If the partnership agreement stipulates the operating period of the partnership, the partner may withdraw from the partnership in one of the following circumstances:
1. The cause of withdrawal from the partnership agreement appears;
2. With the consent of all partners, withdraw from the partnership;
3. The reason why it is difficult for the partner to continue to participate in the partnership;
4. Other partners have seriously violated the obligations stipulated in the partnership agreement.
If the partnership agreement does not stipulate the business period of the partnership enterprise, the partner may withdraw from the partnership without adversely affecting the execution of the partnership business, but the other partners shall be notified 30 days in advance.
Article 18: Of course, the situation of withdrawal
The partner has one of the following circumstances, of course, withdrawing from the partnership:
1. Death or death by law;
2. Being declared as a person without civil capacity according to law;
3. Individuals lose their ability to pay debts;
4. The share of all assets in the partnership enterprise is enforced by the people's court.
Article 19: The situation of delisting and retiring
A partner who has one of the following circumstances may, with the unanimous consent of the other partners, decide to remove him:
1. Failure to fulfill the capital contribution obligation;
2. Loss to the partnership due to intentional or gross negligence;
3. There are improper acts in the execution of partnership business;
4. Other matters agreed in the partnership agreement.
Article 20
When the partners withdraw from the partnership, they proceed in the following order:
1. The returning partner must notify the other partners 30 days in advance, and the partner of the whole person agrees to withdraw from the partnership and sign a written agreement;
2. If the partner withdraws from the partnership, the other partners shall settle the property of the partnership enterprise at the time of withdrawal from the withdrawal partner, and refund the share of the property of the withdrawal partner; the loss of the partnership or the debt incurred by the partner before the withdrawal of the partnership shall be borne by the proportion of the capital contribution responsibility;
3. If the withdrawal partner has an uncompleted partnership business, the settlement will be settled after the settlement;
4. The withdrawal of the partner, regardless of the method of funding, is determined by all partners according to the actual situation of the enterprise, and the currency or the physical object is returned;
5. The returning partner shall bear joint and several liability with other partners for the partnership debt that has occurred before the withdrawal of the partnership.
Article 21 Transfer of Capital Contribution
The transfer of the partner's investment must meet the following conditions:
1. The transfer of capital by the partner is subject to the consent of all partners;
2. When a partner transfers funds in accordance with the law, under the same conditions, other partners have the right to be given priority;
3. Transfer a third person other than the partner of the company and treat it as a person;
4. If the partner transfers the capital in accordance with the law, the transferee becomes a partner of the enterprise upon the modification of the partnership agreement, and enjoys the rights and assumes the responsibility according to the revised partnership agreement;
5. The partner of the enterprise after the transfer of the capital contribution must meet the quorum as stipulated in the Partnership Enterprise Law.
Article 22 Dissolution of the enterprise
A company is dismissed when one of the following conditions occurs:
1. When the partnership period expires, the partners are unwilling to continue to operate;
2. The dissolution of the agreement as agreed in the partnership agreement appears;
3. All partners decided to dissolve;
4. The partner has no quorum;
5. The purpose of the partnership has been achieved or cannot be achieved;
6. The business license is revoked according to law;
7. Other reasons for the dissolution of partnerships as stipulated by laws and administrative regulations.
Article 23: The order of liquidation
1. The liquidation shall be held by all partners and determine a person responsible for liquidation or apply to the people's court for the designation of the liquidator;
2. When the enterprise is liquidated, the creditor shall be notified and announced;
3. Clean up the company's assets and prepare a balance sheet and a list of assets;
4. Handling unfinished business of the partnership related to liquidation;
5. After the liquidation of the surplus, after paying the liquidation expenses and the common debt, the employees shall be paid in the order of the employees' wages, taxes, and ordinary credits. If there is still surplus, the capital shall be returned according to the capital contribution ratio;
6. If the loss after the liquidation or the inability of the enterprise to repay the debt, regardless of the amount of capital contributed by the partner, the company shall first repay the joint property of the enterprise, and the part of the partnership property that is insufficiently paid shall be borne by the partner according to the proportion of the capital contribution;
7. After the liquidation is over, a liquidation report should be prepared. After signing and stamping by all the partners, the liquidation report shall be submitted to the enterprise registration authority within 15 days, and the registration of the partnership enterprise shall be cancelled.
Article 24 Liability for breach of contract
1. If the partner transfers his share of the property without the unanimous consent of the other partners, if the partner is unwilling to accept the transferee as a new partner, the transferor may be compensated for the loss caused by the other partners. .
2. If the partner pledges its property share in the partnership enterprise privately, its behavior is invalid, or it is treated as a withdrawal; if it causes losses to other partners, it shall be liable for compensation.
3. If a partner commits a serious breach of this Agreement or causes a dissolution of the partnership due to gross negligence or violation of the Partnership Enterprise Law, the other partners shall be liable for compensation.
4. If a partner violates the provisions of the contract regarding the prohibition of conduct, it shall compensate according to the actual loss of the partnership, and discourage the dissident from being delisted by all partners.
Article 25 Declaration and Warranty
The parties to this Agreement have made the following declarations and warranties:
1. Each of the partners is a natural person with independent civil capacity and has a legal right or authority to enter into this Agreement.
2. The funds invested by the partners in the company are the legal property owned by each partner.
3. The files and materials submitted by the partners to the company are true, accurate and effective.
Article 26 Confidentiality
The parties to the contract undertake to keep confidential the files and materials that are known to others during the process of discussion, signing and implementation of this Agreement and that are not available from public sources. The other party may not disclose all or part of the trade secret to any third party without the consent of the original provider of the information and the file. Except as otherwise provided by laws and regulations or otherwise agreed by the parties. The period of confidentiality is the year.
Article 27 Notice
1. All notices issued by the other party in accordance with this contract, as well as the file transactions of the parties and the notices and requirements related to this contract, must be delivered in writing. If the above methods cannot be delivered, the method of delivery of the announcement may be adopted.
2. The communication addresses of the parties are as follows:
3. A party's change notice or mailing address shall be notified to the other party in writing within the day of the change; otherwise, the unreported party shall bear the relevant liabilities arising therefrom.
Article 28 Change of Contract
During the performance of this contract, in the event of special circumstances, if either party A, B or C needs to change this contract, the party requesting the change shall promptly notify the other party in writing, and with the consent of the other party, the parties shall sign a written change agreement within the prescribed time limit. The agreement will become an integral part of the contract. Without the written documents signed by the parties, neither party has the right to change this contract. Otherwise, the economic losses of the other party will be borne by the responsible party.
Article 29: Settlement of disputes
Due to the disputes arising from the performance of this contract, the two parties shall settle the dispute through friendly negotiation. If the negotiation fails, the following methods shall be resolved: □ Apply to the Shenzhen Arbitration Commission for arbitration; □ Submit the China International Economic and Trade Arbitration Commission South China Branch to conduct arbitration in Shenzhen; The people's court of jurisdiction has filed a lawsuit.
Article 30 Force Majeure
1. If any party to this contract fails to perform all or part of its obligations under this contract due to the event of force majeure, the performance of the obligation shall be suspended during the event of force majeure.
2. The party claiming to be affected by the force majeure event shall, as far as practicable, notify the other party of the occurrence of the force majeure event in writing within the shortest possible time, and provide the other party with such event of force majeure and its duration within the day after the event of force majeure. Written information on appropriate evidence and contracts that cannot be performed or that need to be extended. Claiming a force majeure event causes its performance of this contract to be objectively impossible or impractical, and it is the responsibility of all reasonable efforts to eliminate or mitigate the effects of such force majeure events.
3. When a force majeure event occurs, the parties shall immediately decide how to implement this contract through friendly negotiation. Upon the termination or elimination of the event of force majeure or its effects, the parties shall immediately resume the performance of their respective obligations under this contract. If force majeure and its effects cannot be terminated or eliminated, causing either party to the contract to lose the ability to continue to perform the contract, the parties may negotiate to terminate the contract or temporarily delay the performance of the contract, and the party facing the force majeure shall not be liable for this. If the party is force majeure after the delay in performance, the liability cannot be waived.
4. The term "force majeure" as used in this contract means that the affected party cannot reasonably control it. It cannot be expected or even if it is expected to be inevitable and cannot be overcome, and appears after the signing date of this contract, so that the party may Partial performance is objectively impossible or impractical. Such events include, but are not limited to, natural disasters such as floods, fires, droughts, typhoons, earthquakes, and social events such as war, turmoil, strikes, government actions, or legal requirements.
Article 31 Interpretation of the contract
The unfinished matters or the contents of the terms of this contract are not clear, and the parties to the contract may reasonably interpret the contract in accordance with the principles of this contract, the purpose of the contract, the trading habits and the content of the related terms. This interpretation is binding unless the interpretation is inconsistent with the law or this contract.
Article 32 Supplementary and Attached Files
If the matters not covered in this contract are implemented in accordance with relevant laws and regulations, and the laws and regulations do not stipulate, the parties to A, B and C may reach a written supplementary contract. The subsidiary files and supplementary contracts of this contract are inseparable components of this contract and have the same legal effect as this contract.
Article 33: The validity of the contract
1. This contract shall take effect from the date on which the parties or the legal representatives of the parties or their authorized representatives sign and affix the official seal of the unit or the special seal of the contract.
2. One copy of this Agreement, Party A, Party B and Party C, each of which is retained by the Shenzhen Notary Office, has the same legal effect.
3. The subsidiary files and supplementary contracts of this contract are inseparable components of this contract and have the same legal effect as this contract.
person A person B:
Legal representative: Legal representative:
Attorney: Attorney:
Signing place: Signing place:
Year ____ month ____ day ____ month ____ day
Party C:
Legal representative:
Attorney:
place of signing:
year month day
Part 2: Model of the Tripartite Cooperation Agreement
Party A: XXX
Party B: XXX
Party C: XXX
Party A, Party B and Party C jointly established XXXXXX company to jointly open up the XXX market and voluntarily sign the following agreements and abide by them.
First, the three parties jointly funded and officially registered the XXXXXXXX company in the XXXX Industrial and Commercial Bureau. The three parties will invest in shares in cash or in kind. The shares of the company are distributed as follows: Party A accounts for XX%, Party B XX%, and Party C XX%. Company income is allocated on an annual basis.
Second, the three parties jointly establish a company to promote the development of the Internet information, its business is mainly: XXX, XXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX
Party A's responsibilities and rights: Party A shall use XXX, XXX, XXX as capital contribution to ensure that its capital contribution is in place; be responsible for the company's business operations, keep abreast of the company's operations, and strive to learn the knowledge and skills required for the company's development; make full use of its Interpersonal relationship resources for the company to solve practical problems, strive for the company's greater living space and development opportunities; always pay attention to and understand the company's business, provide guidance for the company's development direction and business strategy; according to its share of the company's shares XX% burden Company expenses and enjoy the company's profits.
Party B's Responsibilities and Rights: Party B shall use XXXX, XXXX, XXXX as its capital contribution, be responsible for the company's specific business operations, keep abreast of the company's operations, and strive to learn the knowledge and skills required for the company's development; make full use of its technical strength and other resources. The company solves practical problems and strives for greater survival and development opportunities for the company; keeps abreast of and understands the company's operations, provides guidance for the company's development direction and business strategy; and pays company fees and enjoys the company according to its share of the company's shares: XX% Profit.
V. Party C's responsibilities and rights: Party C to XXXX, XXXX
As a capital contribution, XXXXX guarantees that its capital contribution is in place; it is responsible for the company's business operations, keeps abreast of the company's operations, and strives to learn the knowledge and skills needed for the company's development; make full use of its interpersonal relationships and resources to solve practical problems for the company and strive for greater company Survival space and development opportunities; always pay attention to and understand the company's business situation, provide guidance for the company's development direction and business strategy; according to its share of the company's shares XX% to bear the company's expenses and enjoy the company's profits.
6. The cooperation between the three parties is based on resource sharing and complementary advantages. Based on the principle of openness, unity and cooperation, the problems involved in the operation and development of the company are determined by three parties.
VII. Term of the contract: This contract is in quadruplicate and comes into effect after the signature of the three parties. The validity period is five years. If either party decides to withdraw halfway before the expiration of the contract, the other party has the right to accept the shares preferentially. If the shares that have been withdrawn are not accepted, the parties who decide to withdraw may find another shareholder and agree to pass the shareholders' meeting. If the parties that decide to opt out cannot find the recipient of their shares, they cannot opt out. After the contract expires, if the company continues to operate, the contract period will automatically last for five years.
Party A’s signature:
Signature of Party B:
Party C signature:
year month day
Part 3: Template of the Tripartite Cooperation Agreement
Construction unit:
Total package unit:
Subcontracting unit:
Upon the agreement of Party A, B and C, Party B will subcontract the xx waterproof project to Party C. In order to clarify the relationship between the three parties, the following agreement was reached through negotiation.
First, the project name: .
Second, the project location: .
Third, the project content:
Fourth, the project cost: about xx million yuan, x yuan / square meter, according to the waterproof external surface area of the waterproof engineering entity to settle.
V. Contracting method: labor, materials and unit price are packaged at one time.
VI. Duration: 20xx x x x to 20xx x x x, the date of commencement shall be subject to Party B's notice. If the construction site does not meet the conditions for starting construction and the weather, the construction period will be postponed.
7. Quality: It meets the requirements of the current national standards.
8. Material requirements: The materials used shall provide the relevant quality certification files of the materials, and shall be inspected according to the requirements and bear the relevant expenses. Waterproof and ancillary materials must be produced from raw materials, otherwise the construction party will bear a 20% liquidated damages in addition to the production of the original materials.
Nine, material specifications and manufacturers: the material is "Osset" brand PVC waterproof membrane, 1.5mm thick and "Osta" brand AST synthetic polymer waterproof coating film, 1.5mm thick. Shandong Liaocheng Tianlong Construction Development Co., Ltd. produces.
X. Payment method of project payment: 40% of the contract price will be paid after the material enters the market; 40% of the contract price will be paid after the construction of the floor is completed; 95% of the contract price will be paid after the completion of the completion of the construction of the retaining wall; As a project warranty, payable within one year.
After the signature of the supervision company and the general contractor, the construction unit will directly pay the project payment to Party C.
XI. The rights and obligations of both parties
1. Party A and Party B have the right to supervise, inspect, guide, and service the construction of Party C, coordinate internal relations, and have the right to impose penalties for violations.
2. Party C must strictly organize construction, obey management, and cooperate with various inspections to ensure the quality of the project.
3. Party C shall eliminate major casualties during the construction process. In the event of a safety accident, the casualties or property losses caused by Party C shall be borne by Party C.
4. Party C shall guarantee that Party A and Party B shall be exempt from any costs and liabilities for any claims, compensation, litigation, etc. caused by Party C. In the event of any of the above, all liabilities and expenses shall be borne by Party C.
5. The project shall be constructed by the direct team of Party C and shall not be subcontracted or subcontracted. If subcontracting or subcontracting is found, Party A has the right to terminate the contract, and Party A does not pay the expenses incurred by Party C.
6. The total package unit will charge the fee and deduct all expenses incurred after waterproofing. The above fees are not related to Party C.
XII. Completion Acceptance: Before the completion of the project, Party C shall sort out all necessary information and submit it to Party B according to the requirements of Party B, and delay the responsibility and loss.
Thirteen: Liability for breach of contract:
1. For the reasons of Party C, the project will be fined 500 yuan for each day of the delay.
2. If there is a quality problem, Party C shall bear all the economic losses caused by Party A and Party B.
Fourteen: Engineering warranty: Party C is responsible for the project warranty and pays the incurred expenses.
XV. Disputes: If a dispute arises, it shall be settled through negotiation. If the negotiation fails, it may file a lawsuit in the local court of Party A.
XVI. This Agreement is in triplicate and the three parties are responsible for each.
XVII. This Agreement shall enter into force after being signed and sealed, and shall not be completed and shall be agreed upon separately.
Party A: Legal representative
Party B: Legal representative
Party C: Legal representative
April 1, xx, April 1
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