Secretarial knowledge > agreement

[Boutique] Asset Transfer Agreement


Part 1: Asset Transfer Agreement

This Agreement shall be entered into by ____________________ on the __________________________________________________________________________________________________________________________________________

The chicken company, a state-owned enterprise established and existing in accordance with Chinese law, has a legal address of: ____________________.

with

Handan City People's Government, its address is: ____ province b city.

The company's legal address is: ____________________.

The above entities are referred to as “one party” when they are nicknamed, and “both parties” or “party” when they are collectively referred to.

In view of:

1. Approved by ____________________[]______, a company implements shareholding system transformation;

2.c company is the sole investor of company a;

3. According to the shareholding system reform plan between company c and company a, company a is dissolved. Company c is funded by the net assets of company a liquidation, and together with company d, __________ limited liability company; a company's non-operating Assets do not enter the new company, but are directly handed over to or received by the city b;

4. After the establishment of the new company, c company and city government will entrust the new company to operate or manage some of the non-operating assets it receives from company a;

Therefore, the parties agree as follows:

The scope of the first non-operating assets

1.1 The scope of non-operating assets under this Agreement includes: school; a company logistics service company; a company worker culture palace; a company staff hospital; a company staff residence.

1.2 The parties agree that the transfer and receipt of non-operating assets under this Agreement includes the receipt of the person corresponding to the asset.

Article 2 Stripping of non-operating assets

2.1 School

2.1.1 a company directly transfers the assets corresponding to the children of the company, the middle school, and its staff directly to the municipal government.

2.1.2 Within ____ years after the completion of the above-mentioned handover work, Company A will allocate RMB ______ million to the school each year, and the municipal government will also pay the full amount of the China Small Education Community Management Committee in the area where the company is located. The school funds for the above-mentioned schools are earmarked for special funds; after the completion of the above-mentioned transfer work, all the school funds for the school are borne by the municipal government, and the company no longer bears the school funding for the school.

2.1.3 The debts of the school before the handover are still repaid by the company after the completion of the above transfer.

2.2 a company logistics service company

2.2.1 After the company is dissolved, the property rights of its subsidiary company's logistics service company are received by company c.

2.2.2 Company c divests the property rights of a company's logistics service company from the net assets of a company after liquidation, and does not invest in the new company.

2.2.3 After the establishment of the new company, company c entrusted a company's logistics service company to the new company. The terms and conditions of entrusted operation shall be agreed upon by the two parties at that time.

2.2.4 After the establishment of a new company, if a company's logistics service company provides services to its or its employees, the parties shall sign a separate service agreement in accordance with the fair dealing guidelines.

2.3 a company worker culture palace

2.3.1 After the dissolution of a company, the assets and staff of its Workers’ Cultural Palace are received by Company C.

2.3.2 Company c divests the assets of the Workers' Culture Palace from the net assets of the company after liquidation, and does not invest in the new company.

2.3.3 After the establishment of the new company, company c entrusted the Workers' Culture Palace to the new company. The terms and conditions of entrusted operation shall be agreed upon by the two parties at that time.

2.3.4 After the establishment of a new company, if the Workers' Culture Palace is required to provide services to its or its employees, the parties shall sign an agreement in accordance with the fair dealing guidelines.

2.4 Staff Hospital

2.4.1 The assets and staff corresponding to the employee hospital to which the company belongs shall be handed over directly to the municipal government.

2.4.2 After the above handover is completed, the municipal government b entrusts the hospital to the new company. The terms and conditions of entrusted operation shall be agreed upon by the two parties at that time.

2.4.3 The new company will gradually build the staff hospital into a medical rehabilitation center that is oriented to the society, operates independently, and is responsible for its own profits and losses.

2.4.4 After the establishment of a new company, if a staff hospital is required to provide services to its employees, the parties shall sign a separate service agreement in accordance with the fair dealing guidelines.

2.5 Staff Housing

2.5.1 After the company is dissolved, the houses that own the ownership of the house are all received by the company c.

2.5.2 Company c divests the employee's residence from the net assets of the company after liquidation, and does not invest in the new company.

2.5.3 After the establishment of the new company, company c entrusts the above-mentioned employee residence to the new company. The new company leases the above-mentioned residences to employees of the new company and collects the rent from the lessee in accordance with fair trade guidelines.

2.5.4 The new company will pay a certain percentage of the rent to the municipal government. The above-mentioned rent distribution ratio will be determined by the parties.

Article 3 The inheritance and extension of rights and obligations

3.1 The parties agree that after the establishment of the new company, the rights and obligations of Company a under this Agreement shall be inherited by the new company, and the new company shall automatically become a party to this Agreement by then.

3.2 The parties agree that the company d is the interested party of this Agreement. If company c or city b violates the provisions of this agreement or causes any loss to new company or company due to c company or city b, d company has the right to be a party to the loss suffered by the new company or company d c company or city b government makes claims or takes other legal measures.

Article 4 Liability for breach of contract

4.1 The parties agree that if either party violates the provisions of this Agreement and causes the other party to suffer or suffer damages, claims, penalties, litigation, arbitration, fees, obligations and/or liabilities, the defaulting party shall make full compensation to the other party.

4.2 The above-mentioned Article 4.1 shall remain in force for ____ years after the termination of this Agreement.

Article 5 Effect and Term

5.1 This Agreement shall enter into force upon the signature of the authorized representatives of the parties.

Article 6 Applicable Law and Dispute Resolution

6.1 The Chinese law is applicable to the conclusion, entry into force and interpretation of this Agreement.

6.2 Any disputes arising during the performance of this Agreement shall be settled by friendly negotiation. If the negotiation fails, either party has the right to submit the dispute to the Arbitration Commission and conduct arbitration in accordance with the arbitration rules in effect at that time. The arbitral award has the final legal binding force on the parties to the dispute.

Article 7 Other

7.1 Any modifications and additions to this Agreement must be in writing and signed by a legally authorized representative of each party.

7.2 This Agreement shall be in the Chinese language, in six copies, one company, b city government, c company, and d company each holding one copy, and the other two for filing or approval.

The parties to this Agreement have prompted their legally authorized representatives to sign this Agreement on the date specified in the first paragraph of this Agreement.

Chicken company b city people's government

Authorized representative: ______________ Authorized representative: ______________

Authorized representative: ______________ Authorized representative: ______________

Part 2: Asset Transfer Agreement

Party A: Chongqing Danlong Runzhou Real Estate Co., Ltd. Party B: Chongqing Power Company Nan'an Power Supply Bureau

Chongqing Municipal Price Bureau "Implementation of the use of price levers to guide users to use electricity rationally" and Chongqing's "Opinions on the implementation of power supply expansion and sales", new residential quarters, by developers or fund-raising units according to "one household The design and construction of a “standard” shall be carried out. The power supply enterprise shall review and accept the products according to the standards set by the relevant state departments. The transmission and distribution facilities after completion of the acceptance shall be handed over to the power supply department for direct management.

After friendly consultations between Party A and Party B, a good agreement was reached:

1. Party A agrees to hand over the public high and low voltage power distribution equipment of the public housing demolition and resettlement housing estate of Xingxin Jiayuan directly to Party B for direct management.

Second, the demarcation point between the public facilities and special facilities of the power distribution room: the boundary between the high-voltage cabinet and the outgoing line of the 10KV high-voltage public power distribution room to the special power distribution room of the resettlement housing community. The power supply side facilities at the demarcation point are managed by Party B, and the power receiving side facilities at the demarcation point are managed by Party A.

3. The two parties jointly confirmed the following facilities and equipment for free transfer: Xingxin Jiayuan directly manages the public high and low power distribution facilities of the public housing demolition and resettlement housing community.

4. The property rights of the distribution facilities after the handover:

After the entry into force of this Agreement, the electrical facilities listed in Article 3 shall be accepted and accepted by Party B, and the property rights shall be owned by Party B.

After the entry into force of this Agreement, the property rights of the installation of the distribution facilities shall be owned by Party A. V. The agreement takes effect

This Agreement shall be signed by both Party A and Party B; after the transfer of assets, houses, etc., and the units and departments listed in the “Handbook for the Examination and Approval of the Transfer of Fixed Assets” of the South Bank Power Supply Bureau shall sign and complete the relevant formalities, Party B shall return the card for the free transfer of the fixed assets, and this Agreement shall enter into force.

Before the agreement is not in force, the electrical facilities listed in Article 3 shall be owned by Party A. Party A shall be responsible for the operation and maintenance management, and the problems arising therefrom and the expenses incurred shall be the responsibility of Party A.

6. Responsibilities of both parties:

1. After the entry into force of this Agreement, Party B shall be responsible for the normal operation and management of the transferred public electrical facilities. When the electrical facilities are faulty, it shall be responsible for timely handling of the faults and restoration of power supply.

2. Party A promises that the house occupied by the distribution facilities shall be permanently used by Party B without compensation. The house belongs to the public facilities of the community and may not be used for other purposes. Party A guarantees that it will not collect any other fees from Party B for any property management costs. If the property rights of the public facilities of the community change or Party A entrusts the property management company, Party A shall inform the third party of the terms.

3. Party A actively cooperates with Party B's operation, maintenance and overhaul work to ensure the entry and exit of the company.

The public access to the electric house is unimpeded, and the property management company and all the owners of the community are informed. Since the address of the power distribution room is selected by Party A, if the power distribution room is put into operation and there is a dispute with the owner of the community due to operational noise, location and other objective reasons, Party A shall be responsible for explaining that there is no condition for rectification, and Party B shall not bear the relevant responsibilities.

4. Party A shall entrust the property management company to carry out normal maintenance on the civil construction parts such as public distribution facilities and houses, and the expenses shall be implemented in accordance with relevant regulations. Party B shall notify Party A of the special maintenance, and Party A shall arrange for maintenance within one week after receiving the notice. The normal maintenance period is two years.

5. This Agreement is in quadruplicate and each party shall hold two copies with the same legal effect.

Party A: Chongqing Danlong Runzhou Real Estate Party B: Chongqing Electric Power Company

Nan'an Power Supply Bureau

Person in charge: Responsible person: Manager: Manager:

Date of signing: The day of the month of 2010

Part 3: Asset Transfer Agreement

Transferee: Receiving the house: Supervisor: According to the "Project Cooperation Agreement" signed by Party B and Party C on July 16, 2019, Party A intends to hand over the entire structure invested and constructed on Party B's land to Party B. In order to clarify the rights and obligations of the three parties, the following provisions of the asset transfer agreement are reached: 1. Transfer of the subject matter

Party A will invest and construct a comprehensive building and related supporting infrastructure on Party B's land in Yixing Avenue to Party B as a whole. Second, the handover method

1. Party B agrees to pay compensation to the assets transferred by Party A for the execution of the package price of 2.04 million yuan, excluding any other transaction costs.

2. Party A is responsible for the integrity and safety of the transferred assets, and there are no remaining problems such as debt disputes.

3. Party A agrees to hand over the transferred assets to Party B before the date of the year. Third, compensation fees payment methods

Party B agrees to pay Party A the first compensation fee of 1 million yuan at the time of signing this agreement, and pay a one-time compensation fee of 1.04 million yuan when handing over the assets, totaling: 2.04 million yuan. 4. The rights and obligations of Party A, Party B and Party C. Party A's rights and obligations

1. Transfer existing assets and infrastructure to Party B without any remaining problems such as debt disputes.

2. Responsible for handing over the assets to Party B on time. After handing over the assets, the compensation fee cannot be requested from Party B for any reason.

Party B's rights and obligations

1. Ownership and management of the assets received.

2. Responsible for paying compensation to Party A on time according to the amount of compensation agreed upon in this agreement. Party C's rights and obligations

1. Responsible for coordinating and urging Party A to hand over the above-mentioned handover target to Party B on time. 2. Responsible for coordinating and handling all the remaining issues arising from the objection of Party A and Party B during the handover process and the completeness and security of Party B's receiving assets. Fourth, the attached

1. This Agreement shall have the legal effect once signed by the representatives of the three parties, and the three parties shall not breach the contract. If any party breaches the contract, the defaulting party shall pay all the economic losses of the observant party and bear relevant legal liabilities.

2. This Agreement shall be made in triplicate and each of the three parties shall be one. Unfinished matters resolved by three parties

Party A and Party B: Party C:

Signature of the representative: Signature of the representative: Signature of the representative:

Year, month, year, month, day, day, month, day

recommended article

popular articles