An agreement is a written material signed by two or more cooperating parties in social life after reaching an agreement through consultation in order to protect their legitimate rights and interests. If you want to see more, please click on the cooperation agreement, and sincerely hope to help you!
Standard two-person partnership agreement 2122 model 1
Party A: _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _
Party B: ID number:
Investors of Party A and Party B (hereinafter referred to as "* * * investors").
article 1 * * * with the investor's investment amount and investment method
both parties agree that the company registered by both parties (hereinafter referred to as "the company") will be the main investor of the project.
each party's contribution is: party a accounts for _ _ _ _ _ _ _% of the total contribution; Party B accounts for _ _ _ _ _ _% of the total investment.
Article 2 Profit Sharing and Loss Sharing
*** Share the profits of * * * and the losses of * * * with investors according to the proportion of their capital contribution to the total capital contribution.
*** The investor shall be responsible for * * * the same investment to the extent of its capital contribution, and the investor shall be responsible for the joint stock limited company to the extent of its total capital contribution.
the shares contributed by * * * the same investor and their breeding products are * * * the same investor's * * * property, which is owned by * * * the same investor in proportion to their investment.
*** After the shares invested in a joint stock limited company are transferred, each * * * investor has the right to acquire the property in proportion to its capital contribution.
Article 3 Execution of Transactions
1.*** The investor entrusts Party A to execute the daily affairs of * * * the same investment on behalf of all the investors, including but not limited to:
(1) exercising and fulfilling the rights and obligations as the promoter of a joint stock limited company during the establishment stage of the joint stock company;
(2) after the establishment of the joint-stock company, exercise its rights and perform corresponding obligations as a shareholder of the joint-stock company;
(3) Collect the fruits generated by the joint investment and dispose of them in accordance with the relevant provisions of this Agreement;
2. Other investors have the right to check the implementation of daily affairs, and Party A has the obligation to report the operating status and financial status of the joint venture to other investors;
3. The profits generated by Party A's execution of the * * * joint investment firm belong to all * * * joint investors, and the losses or civil liabilities generated shall be borne by * * * joint investors;
4. if party a's negligence or non-compliance with this agreement causes losses to other investors, it shall be liable for compensation;
5.*** The same investor may object to Party A's execution of * * * the same investment affairs. When an objection is raised, the execution of the transaction shall be suspended. In case of dispute, it shall be decided by all the investors.
6.*** The following matters of joint investment must be agreed by all * * * joint investors: (1) Transfer of shares invested by * * * joint venture in a joint stock limited company; (2) Pledge with the above shares; (3) change the executor of the transaction.
Article 4 Transfer of Investment
1.*** When an investor transfers all or part of his capital contribution in the * * * joint investment to a person other than the * * * joint investor, it must be agreed by all the * * * joint investors;
2. When * * * transfers all or part of the investment in * * * with investors, it shall notify other * * with investors;
3.*** If the same investor transfers its capital contribution according to law, other * * * same investors have the priority to be transferred under the same conditions.
Article 5 Other Rights and Obligations
1. Party A and other * * * investors shall not transfer or dispose of the shares jointly invested by * * * without permission; 2.*** The same investor shall not transfer its shares and capital contribution within three years from the date of registration of the joint stock limited company;
3. After the establishment of a joint stock limited company, any * * * co-investor shall not withdraw its capital contribution from the * * * co-investment; 4. When a joint stock limited company cannot be established, the debts and expenses arising from the establishment shall be shared in proportion to the capital contribution of each investor.
article 6 liability for breach of contract
in order to ensure the actual performance of this agreement, party a voluntarily provides all its guarantees to other investors. Party A shall bear the liability for breach of contract to other * * * investors with the above-mentioned property under the condition that it breaches the contract and causes losses to other * * * investors.
article 7 other
1. for matters not covered in this agreement, * * shall sign a supplementary agreement separately after reaching consensus with the investors. 2. This agreement shall come into effect after all investors sign and seal it. This Agreement is made in _ _ _ _ _ _ _ _ _ _, with * * holding one copy for each investor.
party a (signature): _ _ _ _ _ _ party b (signature): _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The down payment is one hundred and twenty thousand Yuan only, in figures: 121,111 Yuan.
1. Party A and Party B respectively contribute to the purchase of the property rights of the store: both parties shall bear the total purchase price of the store and the bank mortgage principal and interest according to the proportion of the appealed property rights division. Both parties handle the bank mortgage loan of two hundred and thirty yuan (ten thousand yuan) in the name of Party A, and repay the principal and interest of the bank loan on a monthly basis in the name of Party A, but Party B shall pay the mortgage principal and interest corresponding to Party B's share of property rights to Party A on schedule every month. Before repaying the loan to the bank every month, Party B shall pay half of the mortgage payment of the current month to Party A, and Party A shall pay all the mortgage payment of the current month to the bank. If Party B fails to pay the mortgage payment before the repayment deadline, it shall pay 1% of the total amount of the mortgage payment to Party A as a late fee, and the mortgage period shall be within 5 years.
2. At the same time, both parties agree that if there are other unexpected expenses arising from the store, the expenses will also be distributed in the above proportion.
3. both parties shall distribute the operating income of the store according to their respective share of property rights, and bear various expenses incurred during the operation. During the period when the mortgage of a shop loan is not paid off, the proceeds from the operation or lease of the shop will be used to pay the mortgage first, and then the insufficient part will be paid in proportion.
III. Benefit Distribution and Risk Sharing
1. The benefits (including the market value-added part) obtained from the investment in the store shall be shared by both parties on an average basis according to the proportion of capital contribution.
2. The expenses arising from the investment in the store shall be shared equally by both parties according to the proportion of investment.
3. The risks or losses that may occur in the investment of the store (including losses due to force majeure, or expropriation of property losses caused by government policies) shall be borne equally by both parties according to the proportion of investment.
iv. The following matters concerning joint investment shall be decided by both parties through consultation.
(1) related matters such as the price and time limit for renting out shops.
(2) Transfer of the partnership store.
(3) mortgage matters of the partnership store.
(4) Other important matters concerning the possession, use, income and disposal of the partnership store.
v. Transfer, lease and operation of investment
1. Any party of Party A and Party B who intends to transfer its investment rights and interests to a third party must obtain the consent of the other party.
2. either party intends to transfer its investment rights and interests to a third party, and the other party has the preemptive right.
3. The shops must be rented as a whole, and it is not allowed to be rented separately.
4. If Party A and Party B jointly operate the store or one party operates the store, both parties shall negotiate the expenses separately.
5. The lease agreement can only be signed with the lessee after the business matters of this store are agreed by both parties through consultation (the lease agreement is valid only after being signed by both parties; if one party is absent, it can be signed by someone, but it must be proved in writing).
VI. Handling of property right certificate
The property right of the purchased store belongs to both parties, with 51% of the property right, and the property right is registered as the names of Party A and Party B.. The land use right certificate is registered in the name of Party A (since the owner of the real estate license needs to be Party A's bank to lend money in the name of Party A, the land use right certificate is registered in the name of Party A), but the land use right certificate belongs to both parties. The taxes and fees required for handling the certificate shall be shared by Party A and Party B according to the capital contribution ratio.
VII. Liability for breach of contract
1. Either party shall not affect the ownership and use right of * * owned real estate due to personal debts, otherwise it shall compensate the other party for the losses incurred.
2. If Party A and Party B fail to pay off all the principal plus interest corresponding to the share of property rights within 5 years due to their own reasons, it means that this party (the defaulting party) gives up the property rights and land use right of the store house purchased by the partnership, and the other party pays the down payment (see the second clause) to the defaulting party, then it owns all the share of property rights and land use right of the store house.
3. if either party violates other contents of this agreement, it shall compensate the other party for all economic losses.
VIII. Other matters
1. As both parties are married, 51% of the property rights of this store belong to the property of husband and wife after marriage. If one party's marriage breaks down and it is necessary to change the property rights again, all expenses arising from the property rights change shall be paid by the party who needs to change the property rights, and the other party shall actively cooperate.
2. Therefore, the service life of the store is 71 years, so during this period, if one party wants to leave the share of property rights to future generations and needs to change the property rights, all expenses incurred shall be paid by the party that needs to change the property rights, and the other party shall actively cooperate.
IX. Other clauses
1. A supplementary agreement shall be signed separately for matters not covered in this agreement after both parties reach an agreement through consultation.
2. this agreement shall come into effect after being signed and sealed by both parties. This agreement is made in duplicate,
each party holds one copy.
X. Notary Public:
Party A: Party B:
Model 3 of standard two-person partnership agreement 2122
Partner A: _ _ _ _ _ _ ID number:, address: Partner B: _ _ _ _ _ _ ID number:, address:.
Article 1 Purpose of Partnership
Party A and Party B jointly operate the offline store business for fruit and meal on the principle of mutual benefit, * * * working together, * * * operating together and * * * developing together.
article 2 general situation of the partnership store
name: off-line store during fruit meal
business place:
business scope: fast food, take-away, juicing, fruit and other categories
article 3 partnership period
the partnership period starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 4 Mode of contribution
Party A contributes the decoration, equipment and related expenses in cash, accounting for 91% of the shares; Party B contributes in the form of store transfer fee, and the share ratio is: 11%.
in addition, both parties agree that the store transfer fee is limited to 61,111 yuan, and 21,111 yuan will be returned every year and every month for three consecutive years, and will be terminated after three years, but the proportion of shares will be maintained. If it has not been operated for 3 years, Party A shall make up the balance and then distribute it according to the proportion of shares.
during the partnership period, each partner's contribution is * * * property, and it is not allowed to ask for division at will. After the termination of the partnership, the proportion of each partner's capital contribution is owned by the individual, and it will be liquidated and divided at that time.
Article 5 Registration of Partnership Stores
All partners agree to designate Nanchang Fruit Meal Information Technology Co., Ltd. as the representative to apply for store operation qualification from Qingyun Town Investment Promotion Operation Management Center.
Article 6 Distribution of Earnings
1. All partners * * * jointly operate and * * * jointly manage, * * * bear risks and * * * lose profits and losses.
2. Earnings are distributed in proportion based on quarterly profits.
3. In case of any change in the profit distribution and loss of the partnership store, the specific scheme shall be decided by all partners through consultation.
article 7 management of the store
1. the store is temporarily entrusted as the manager, who is responsible for the daily sales of the store, with a basic salary of 2,111 yuan and a performance commission of 2%.
2. The selling prices of all commodities are in accordance with the company's regulations, and all operating systems are implemented according to the company's system.
3. Make an inventory once a month to check the turnover.
Article 8 Decision on Store Affairs
The following matters must be agreed by all partners:
1. Dispose of the real estate of the partnership store;
2. Change the name of the partnership store;
3. Hire someone other than the partner as the store manager.
Article 9 Prohibited Acts
During the partnership period, partners must be prohibited:
1. Without the consent of all partners, it is forbidden for any partner to engage in other business activities in the name of the partnership store;
2. Partners are prohibited from engaging in activities that harm the interests of this partnership store.
if a partner violates the above articles, the benefits gained from his business shall belong to the partnership store, and the losses caused shall be compensated according to the actual losses. Discourage those who don't listen can be decided by other partners.
Article 11 Cases of delisting and withdrawal from the partnership
If a partner has any of the following circumstances, it may be removed by resolution with the consent of other partners:
1. Failure to fulfill the obligation of capital contribution;
2. Causing losses to the partnership store due to intentional or gross negligence;
3. There is a serious quarrel during the execution of the partnership store affairs, which cannot be resolved through consultation by all partners;
4. Other reasons stipulated in the partnership agreement.
Article 11 Procedures for withdrawing from the partnership
When a partner withdraws from the partnership, it shall be conducted in the following order:
1. The withdrawal shall be notified to other partners 31 days in advance;
2. When a partner quits the partnership, other partners shall settle accounts with the quitter according to the partnership property status at the time of quitting, and return the quitter's property share; The quitter shall be responsible for the losses or debts of the partnership store that have occurred before he quits the partnership in proportion to the capital contribution;
3. No matter how the quitter contributes capital, it is decided by all the partners to return the money or kind according to the actual situation of the store.
Article 12 Liability for breach of contract
1. If a partner transfers his share of property without the unanimous consent of other partners, if his partner is unwilling to accept the transferee as a new partner, he may be treated as withdrawing from the partnership, and the transferor shall compensate the other partners for the losses caused thereby;
2. the partner violates this agreement.