In daily life and work, the use of agreements has become the norm in daily life, and signing agreements can ensure the happy cooperation between the two parties. So do you really know how to write a good agreement? The following is the cooperation agreement of restaurant shares that I collected and sorted out. Welcome everyone to learn from it. I hope it will help you. Agreement on cooperation in restaurant shareholding 1
Party A: _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _
Party A and Party B have reached the following cooperation agreement on * * * running the same store through friendly negotiation:
Article 2 Name, main place of business and legal person of the cooperation:
The name of the cooperative hotel is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 4 Term of Cooperation
This cooperation is deemed to be terminated by mutual consent of both partners.
article 5: amount, method and duration
1. party a _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
party b _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. The capital contribution of each partner shall be paid in full and remitted to the bank card before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Other partners have the right of supervision and verification.
3. the contribution of this cooperation is RMB _ _ _ _ _ _ _ _ _ _ _ _ (in words _ _ _ _ _ _ _ _ _ _ _ _). During the cooperation period, the capital contribution of each partner is owned by * * *, and it is not allowed to request for division at will. After the cooperation is terminated, the capital contribution of each partner is still owned by the individual and will be returned on the day of termination of the agreement or at the time agreed by the partners.
article 6 surplus, salary distribution and debt commitment
1. surplus distribution: the income excluding operating costs, daily expenses, wages, bonuses and taxes to be paid is the net profit, that is, the cooperative income-generating surplus, which is the focus of cooperative distribution and will be distributed in proportion based on the capital contribution of the partners.
2. Debt undertaking: If debts arise in the course of cooperative operation, the cooperative debts shall be repaid by the partnership property first. If the cooperative property is insufficient to pay off, it shall be borne in proportion based on the capital contribution of each partner.
article 7 matters of signing the bill by the partner
matters of signing the bill by the partner at the store shall be decided by the four partners and agreed separately.
Article 8 Transfer of capital contribution, withdrawal of capital contribution
(1) Capital contribution
1. The capital contribution of a new partner must be approved by all partners;
2. The new partner must acknowledge and sign this cooperation agreement;
3. Unless otherwise agreed in the capital contribution agreement, the new partner with capital contribution enjoys the same rights and assumes the same responsibilities as the original partner; The new partner who has invested shall be jointly and severally liable for the debts of the cooperative enterprise before investing.
(2) Withdrawal of capital
1. Voluntary withdrawal of capital. During the operation period, the partner may withdraw the capital under any of the following circumstances:
① The reasons for withdrawing the capital agreed in the cooperation agreement appear;
② Withdraw the capital with the written consent of all partners;
③ there is a legal reason why it is difficult for the partners to continue to participate in the joint venture.
if the partner withdraws his capital without authorization and causes losses to the cooperation, he shall compensate all the losses of the other partners.
2, of course. In any of the following circumstances, the partner will of course withdraw his capital:
① Death or being declared dead according to law;
② being declared as a person without civil capacity according to law;
③ the individual loses the ability to pay debts;
④ all property shares in the cooperative enterprise are enforced by the people's court. The effective date of capital withdrawal in the above circumstances is the actual date.
3. Withdraw the name and withdraw the capital. In case of any of the following circumstances, the partner may be removed by resolution with the unanimous consent of the other partners:
① Failure to fulfill the obligation of capital contribution;
② causing economic losses to the cooperative enterprise due to intentional or gross negligence;
③ improper conduct in the execution of contractual joint venture affairs;
④ other reasons stipulated in the cooperation agreement.
the removed celebrity shall be informed in writing of the resolution on the removal of the partner. The removed celebrity shall become effective from the date of receiving the notice of removal, and the removed celebrity shall withdraw his capital. If the removed celebrity disagrees with the resolution of delisting, he may bring a suit in a people's court within 31 days from the date of receiving the notice of delisting.
after the partner withdraws his capital, the other partners and the person who withdrew his capital shall settle accounts according to the property status of the cooperative enterprise at the time of withdrawal.
(III) Transfer of capital contribution
The partner is allowed to transfer all or part of his property share in the cooperation. Under the same conditions, other partners have the priority to be assigned. If it is transferred to a third party other than the partner, the third party shall treat it as a new investment, otherwise it shall treat the transferor as a refund. If a third party other than the partner receives the share of the property of the cooperative enterprise, it will become a partner of the cooperative enterprise after the modification of the cooperation agreement.
Article 9 Rights and Obligations of Partners
(1) Rights of Partners:
1. The decision-making power and supervision power of cooperation affairs, specific business activities and important matters shall be decided by the partners A, B, C and D;
2. Partners have the right to distribute cooperative benefits;
3. The partners shall distribute the cooperative benefits in proportion to the capital contribution or according to the agreement, and the property accumulated by the cooperative operation shall be owned by the partners.
4. The partner has the right to withdraw the capital.
(II) Obligations of the partners:
1. Maintain the unity of the partnership property as agreed in the cooperation agreement;
2. Debt to share the operating losses of the cooperation;
3. bear joint and several liabilities for cooperative debts.
Article 11 Prohibited Acts
(1) Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of cooperation without permission; If the benefits gained from its business belong to all partners, the losses caused by it shall be fully compensated by the partner personally;
(2) The partners are prohibited from engaging in business similar to or competitive with this cooperation project;
(3) Unless otherwise agreed in the cooperation agreement or agreed by all the partners, the partners may not conduct transactions with the cooperative enterprise;
(4) the partners shall not engage in activities that harm the interests of the contractual joint venture.
Article 11 Continuation of cooperative business
(1) In case of capital withdrawal, the remaining partners have the right to continue to operate the original business under the name of the original enterprise, or they can choose and recruit new partners to join the business;
(2) In case of the death or declaration of death of the partner, at the choice of the heir of the deceased partner, the share of the property that the heir should inherit can be returned and the business can continue; The successor may also be accepted as a new partner to continue the business in accordance with the agreement of the cooperation agreement or with the consent of all partners.
Article 12 Termination and liquidation of cooperation
(1) The cooperation is dissolved due to the following circumstances:
1. The cooperation period expires;
2. All partners agree to terminate the cooperative relationship;
3. There are no legal partners;
4. The cooperation transaction is completed or cannot be completed;
5. It has been revoked according to law;
6. there are other reasons for the dissolution of the contractual joint venture as stipulated by laws and administrative regulations.
(2) liquidation of cooperation:
1. After the dissolution of cooperation, liquidation shall be conducted and the creditors shall be notified;
2. The liquidator shall be appointed by all the partners or with the consent of more than half of all the partners, and the partner or partner * * * shall be appointed as the liquidator together with the liquidator, lawyer, accountant and other third parties within 15 days after the dissolution of the cooperative enterprise. If the liquidator is not determined within 15 days, the partner or other interested parties may apply to the people's court to appoint a liquidator.
3. After paying the liquidation expenses, the cooperative property shall be paid off in the following order: wages and labor insurance expenses owed by the cooperative employees; Tax owed by the cooperation; Debt of cooperation; Return the partner's capital contribution.
4. if there is any surplus after settlement, it shall be distributed according to the method in paragraph 1 of article 6 of this agreement.
5. in case of losses in the cooperation during liquidation, the part of the cooperation property that is insufficient to pay off shall be handled according to the method of surplus distribution in the third paragraph of article 6 of this agreement. Each partner shall bear unlimited joint and several liability, and if the amount paid by the partner exceeds the amount he should bear due to joint and several liability, he shall have the right to recover from other partners.
article 13 liability for breach of contract
(1) if the partner fails to pay the capital contribution on time or in full, it shall compensate the other partners for the losses caused thereby; If the capital contribution is not paid in full after the deadline of 15 days, it will be treated as withdrawal;
(2) If a partner transfers his share of property without the unanimous consent of the other partners, if the other partners are unwilling to accept the transferee as a new partner, it may be treated as capital withdrawal, and the transferred partner shall compensate the other partners for all losses caused thereby;
(3) If a partner pledges his share of the property in the joint venture without permission, his behavior will be invalid, and if losses are caused to other partners, the partner shall bear all the compensation responsibilities;
(4) If the cooperative enterprise is dissolved due to a serious violation of this Agreement or gross negligence or violation of the Cooperative Enterprise Law, it shall be liable for compensation to the other partners;
(5) if the partner violates the provisions of article 9 of this agreement, he shall make full compensation according to the actual losses of the other partners. If the partner refuses to listen, the other partners may collectively decide to be removed.
article 14 settlement of disputes by agreement
all disputes arising from or related to this agreement shall be negotiated by the partners. if negotiation fails, they shall be submitted to Guiyang arbitration commission for arbitration. The arbitral award is final and binding on all parties.
Article 15 Others
(1) Upon consensus through consultation, the partners may modify this Agreement or supplement matters not covered; In case of any conflict between the supplementary and revised contents and this Agreement, the supplementary and revised contents shall prevail;
(2) The new investment contract can be an integral part of this Agreement;
(3) this agreement is made in quadruplicate, one for each partner and one for the industrial and commercial administration; (IV) This Agreement shall come into effect after being signed and sealed by all partners.
signature and seal office of all partners:
Party A: _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _
Signing date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
investment partner:
investment partner:
investment partner:
investment partner:
this agreement is entered into on the principles of fairness, equality, mutual benefit, cooperation, win-win and voluntariness.
article 1. on the basis of loyalty, trust, equality and voluntariness, all shareholders agree to cooperate with * * * to operate the Wa cottage hotel.
article 2. from the completion of renovation to normal operation, the total cost of the hotel is RMB 1 million, and each share is RMB 1 million.
article 3. where capital contribution accounts for all the shares.
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article 3: all partners * * * share the same business, * * * share the same risks, and * * * negative profits and losses are distributed according to their respective equity proportions.
article 4. all shareholders must have the boss mentality and think and deal with problems from the perspective of operators.
article 5. in order to reduce the investment risk of minority shareholders, the company adopts the principle of free share participation and free share withdrawal. those who withdraw their shares during operation will not participate in dividends this month and last month, and will not participate in dividends in the month after the 21th.
article 6. if the share capital is less than 51,111 yuan, the shareholders who withdraw their shares in the middle need to apply for withdrawal one month in advance and return all the share capital within one month. If the share capital is less than or more than RMB 1,111,111, it is necessary to apply for withdrawal one month in advance and return all the share capital within three months.
article 7: those who take advantage of the interests of the selling company (pocketing their own money, selling drinks and articles, taking kickbacks, making false reports or omitting financial data, and making irresponsible work with suppliers, thus causing serious accidents) will be deducted from the dividends of the current month and punished at 21 times the value of the cause. If the circumstances are serious, they will be dismissed and all shares will be deducted.
article 8. after the hotel is renovated and operates normally, if there are people who participate in the stock investment, the share capital will be calculated according to the operating value of the store at that time, and the new shareholders will become shareholders. All shareholders can evaluate the value before investing in shares.
article 9. every month, the inventory is made at the beginning and end of the month, and the net profit is accounted by professional accounting. before the 11 th of each month, the net profit of the last month's total turnover is distributed with dividends.
article 11: since the date of signing this cooperation agreement, all economic disputes arising from loans, debts or collusion with other partners in the original operation of the Wa Shanzhai Hotel have nothing to do with the current partners.
article 11. all expenses for the company's major investment, study abroad, inspection and training shall be allocated according to the proportion of equity
sample contract of hotel shareholding agreement.
article 12. this agreement is made in duplicate, one for each partner. both parties can make supplementary provisions for matters not covered, and the supplementary agreement shall come into effect as of the date of signature (seal) by the partners.
Partner:
(legal representative) Person in charge:
Partner:
Partner:
Partner:
Partner:
Partner:
Partner:
Cooperation Agreement on Restaurant Share-holding on
3
Party A: