With the development of catering, it is very common to open a restaurant in partnership, so what do you need to pay attention to when signing a 2-person restaurant partnership agreement? The following is in my for you to organize the 2 people restaurant partnership agreement sample, thank you for reading.
2 people restaurant partnership agreement model 1
Party A:?
Party B:
On the basis of equality and voluntariness, mutual benefit, through friendly consultation between the two sides, on the *** with the capital reconstruction, business is located in: and other matters to reach the following agreement:
Article 1: Partnership purpose
Adhering to the principle of mutual benefit *** win, open and honest, benefits *** enjoy, responsibility *** share, all parties agree *** to operate the project. The parties agree to operate the project together.
Article 2: Business project and scope
Article 3: Term
Since the beginning of the year to the end of the year;
Article 4: Contributions, term
1, the contributor (Party A) in the form of capital, RMB 10,000 yuan; accounted for the A and B *** with the total capital contribution of the proportion of %; contributor (Party B) in the form of capital, RMB 10,000 yuan; accounted for the total capital contribution of A and B for %; contributor (Party B) in the form of capital, RMB 10,000 yuan; accounted for the total capital contribution of A and B for %; contributor (Party B) in the form of capital, RMB 10,000 yuan; accounted for the total capital contribution of A and B for %. The contributor (Party B) contributes in the form of RMB 10,000 yuan; the proportion of the total contribution of Party A and Party B*** is %;
2. In order to facilitate the preliminary preparatory work, the contribution of each contributor shall be remitted to the account number designated by Party A and Party B on a temporary basis. Late payment or failure to pay the full amount should be paid but not paid the number of bank interest and compensation for the resulting loss;
3, A and B contributors contributed *** RMB 10,000 yuan. During the period of the agreement, the contributions of both parties are *** with the property, and shall not be divided at will; after the termination of the agreement, the contributions of the contributors are owned by individuals, and shall be returned at that time.
Description:
1, Party A, as the main operator of the price of RMB 10,000 yuan, by Party A and Party B to determine the proportion of investment to be shared; that is, Party B should be funded RMB 10,000 yuan, as Party A's contribution to the cooperation;
2, for the restaurant's later investment, after the agreement of Party A and Party B, the two parties in accordance with the established proportion of investment in the cash capital;
3, surplus allocation and distribution of p> 3, surplus distribution and debt assumption
A, the distribution of time: the completion of the preparatory work, after the opening of the first month, in accordance with the data of the financial accounting, based on the actual operation and management of the surplus portion of the monthly distribution in accordance with the proportion of investment; that is, Party A accounted for %, Party B accounted for %.
B. Business entity in the recovery of costs, after the completion of the annual performance target assessment,
Article V: partnership business continues
In the case of withdrawal, the remaining partners have the right to continue to continue to operate the original business in the original name of the business, but also can choose, absorb new partners into the business.
Article 6: The way of dealing with partnership affairs and the person in charge
1. All partners **** the same execution of partnership affairs.
Article 7: The rights of partners
1. The right to operate, decide and supervise the partnership affairs, and the business activities of the partnership shall be decided by the partners *** together, and everyone shall have the right to vote regardless of the amount of capital contributed.
2. The partners shall distribute the partnership benefits in proportion to their capital contribution or according to the agreement of the contract, and the property accumulated by the partnership operation shall belong to the partners ****.
3. Partners have the right to withdraw from the partnership.
4, for the partnership debt is jointly and severally liable for the debt according to the ratio of A and B each % *** together.
Article 8: Prohibited behavior
1, without the consent of both parties, any partner is prohibited to carry out business activities in the name of the partnership; such as its business gained benefits should be attributed to the partnership, and losses caused by the actual loss of compensation.
2. It is forbidden for the partners to operate businesses that compete with the partnership.
3. The partners are prohibited to make unilateral disposition of the restaurant operated by the partnership, such as mortgage, lease, transfer, sale and other acts.
4. Partners are prohibited from engaging in activities that are detrimental to the interests of the Partnership.
5. If a partner violates the provisions of each of the above articles, he/she shall compensate for the losses caused to the other party.
Article 9: Dissolution and liquidation
1. The partnership relationship of the partners shall be terminated when the restaurant has been dissolved by the reasons stipulated by the law, resulting in the non-existence of the partnership and the termination of the partnership agreement.
2, the restaurant is dissolved, the business qualification is terminated, can not engage in business activities, but can only be engaged in some activities related to the liquidation activities.
3, after the dissolution of the restaurant, the liquidator of the enterprise's property debts and liabilities to clean up and settle, deal with all the outstanding matters, but also should notify and announce the creditors.
4, the liquidator. The liquidator by all the partners, from the dissolution of the partnership within 15 days of the designation of __________ partners or entrust a third person, as the liquidator.15 days did not determine the liquidator, the partners or other interested parties can apply to the people's court to appoint a liquidator.
5, the main duties of the liquidator:
① clean up the enterprise property, respectively, prepare a balance sheet and a list of property;
② deal with the liquidation of the partnership's unfinished business;
③ payment of taxes owed;
④ clean up the debts and liabilities;
⑤ deal with the remainder of the partnership's property after the liquidation of the debts.
⑥ represent the enterprise to participate in civil activities.
At the end of the liquidation, prepare a liquidation report, signed and sealed by all the partners, and submit the liquidation report to the enterprise registration authority within 15 days for the registration of business cancellation.
6, the partnership property in the payment of liquidation costs, in the following order of liquidation: partnership owed to the recruitment of workers' wages; partnership owed taxes; partnership debts; return the partners' contributions.
7. If there is any surplus after the settlement, it will be distributed according to the proportion of shares, Party A accounts for %, Party B accounts for %.
8. In case of liquidation, if there is a loss in the partnership, and the partnership property is not enough to settle the part, the debt shall be borne according to the ratio of % of each party **** with the other party. Each partner shall be liable for unlimited joint and several liability, and the partners shall have the right to recover from the other partners when the amount of liquidation exceeds the amount they should bear due to the joint and several liability.
Article 10: Liability for breach of contract
The two parties shall fully comply with the contents of this agreement, and any party that violates the agreement and causes losses to the other party shall bear the liability for breach of contract to the other party.
Article 11: Settlement of disputes
In case of disputes during the period of partnership, they shall be resolved through consultation and in the spirit of the principle of favoring the development of the partnership business. If the consultation fails, the dispute shall be brought to the People's Court according to the law.
Article 12: This agreement shall be supplemented or amended by the two parties *** with the same discussion, and the amended and supplemented contents shall have the same effect as this agreement.
Article 13: The original of this Agreement shall be in duplicate, and each partner shall hold one copy.
Party A (official seal): _________ Party B (official seal): _________
Legal Representative (Signature): _________ Legal Representative (Signature): _________
_________ ____ ____ _________ ____
2 people restaurant partnership agreement 2
Party A: ID card number:
Party B: ID card number:
Party A and B on the student street Gui brother brisket rolls of the restaurant shares in the management of business and other related matters have reached an agreement, and the formation of the following contract, so as to *** with the letter and abide by:
Article 1 partnership name, the main place of business:
Partnership name: Xiawei coffee leisure club (partnership part of the restaurant on the second floor), business address: Jiaocheng District, Hefeng Road, No. 6 Jindian Garden 101?102 store.
The second business premises area: the second floor restaurant, a total area of square meters (the first floor store aisle for public **** use of the channel).
Article III partnership project box scope: Chinese, Western and other services
Article IV restaurant total assets valuation: the restaurant as part of the Xiawei coffee and leisure club, originally operated independently by Party A. Now, by Party A and Party B **** the total assets of the restaurant, the total area of the second floor restaurant, total area of square meters (the first floor aisle for public **** use of the channel). Now by both parties **** agreed, the second floor of the restaurant's total assets are valued at 600,000 yuan including: tableware, equipment, decoration and other assets.
Article V: the proportion of shares: Party B to the restaurant's total assets of 600,000 yuan of 10% of the shareholding in the business, Party B in cash in the form of shares, RMB 60,000 yuan.
Article 6: After the signing of the contract, Party B will pay Party A a one-time payment for the transfer of equity within days. 2% of the total unpaid amount will be charged as liquidated damages for each day of overdue payment.
Article VII: restaurant rent: the second floor restaurant rent of 2000 yuan / month, 10% annual increment, the first floor store aisle for the public part, the monthly share of rent 1000 yuan, a total of 3000 yuan monthly rent included in the restaurant costing.
Article VIII: the original first floor specialty store and second floor restaurant staffed 2 people, after the partnership, the first floor specialty store apportionment of 1 person, the second floor restaurant apportionment of 1 person, wages paid separately.
Article IX: The contract signed every three months, A, B and the two sides according to the proportion of equity share of profits or losses.
Article 10: surplus distribution: excluding operating costs, daily expenses, wages, bonuses, taxes and other income for the net profit, that is, the partnership revenue surplus, which is the focus of the partnership allocation, based on the proportion of A, B and the two sides of the capital, according to the proportion of distribution.
Article 11: Assumption of debt: If there is debt in the course of partnership, the partnership debt shall be repaid by the partnership property first, and if the partnership property is not enough to pay off the debt, it shall be assumed proportionally on the basis of the capital contribution of the partners.
Article 12: withdrawal agreement: within two years after the signing of the contract, Party B shall not withdraw from the partnership, Party A and Party B will be re-depreciation of the restaurant assets valuation and confirmed by both parties, Party B according to the depreciation of the valuation of the proportion of equity allocation. Under the same conditions, Party A has the right of first refusal.
Article 13: Partnership head and partnership affairs execution
All partners decided to entrust Party A as the partnership head, whose authority is:
1. to carry out external business and enter into contracts;
2. to carry out the overall day-to-day management of the contractual items;
3. to enter into the operating price, purchase of common goods;
4. .Payment of partnership debts;
Article 14: Rights and Obligations of Partners
(1) Rights of Partners:
1. Decision-making power of partnership affairs, supervision power and specific business activities shall be decided by the partners *** together.
2. The partners have the right to distribute the partnership benefits;
3. The distribution of partnership benefits by the partners shall be carried out in proportion to the amount of their capital contributions, and the property accumulated by the partnership shall be owned by the partners***;
(2) Obligations of the partners
1. To maintain the unity of the partnership property in accordance with the partnership agreement;
2. To share the debts and liabilities arising from the loss of the operation of the partnership;
2. To share the liabilities and debts arising from the loss of the operation of the partnership;
2. To share the liabilities and debts arising from the loss of the operation of the partnership.
3. to be jointly and severally liable for the debts of the partnership.
Article 15: Prohibited Acts
(1) Without the consent of all partners, it is prohibited for any partner to carry out business activities in the name of the partnership privately; if the benefits of his/her business go to all the partners, the losses caused by such business shall be compensated by the partner personally in full;
(2) A partner's engaging in activities that are detrimental to the interests of the partnership.
Article 16: Termination and liquidation of partnership
(1) The partnership is dissolved under the following circumstances:
1. the expiration of the term of the partnership;
2. the termination of partnership is agreed upon by all the partners;
3. the completion of the partnership affairs or the failure to complete them;
4. the partnership is revoked in accordance with the law;
5. the occurrence of any of the conditions stipulated by laws and administrative regulations on partnership.
(2) The liquidation of partnership:
1. the partnership shall be liquidated after dissolution and the creditors shall be notified;
2. the liquidator shall be agreed by all the partners, and shall appoint lawyers and accountants to act as the liquidator within 15 days after the dissolution of the partnership. if the liquidator is not determined within 15 days, the partners, and then the other interested persons, may apply to the People's Court for the appointment of the liquidator.
3. After paying the liquidation expenses, the partnership property shall be paid off in the following order: the wages and labor insurance expenses owed by the partnership to the recruited employees; the taxes owed by the partnership; the debts of the partnership; and the return of the partners' capital contributions.
4. If there is any surplus after the liquidation, the equity ratio of A and B will be distributed.
5. In case of liquidation, if the partnership has losses, the part of the partnership property which is not enough for liquidation shall be borne by the partners according to their shareholding unreasonably.
Article 17: agreement dispute resolution
All disputes arising from this agreement or related to this agreement, the partners *** with the consultation, such as consultation fails to submit to the courts at all levels in Ningde City, to bring a lawsuit.
Article 18: Other Agreements
(a) By consensus, the partners may amend this Agreement or supplement the outstanding matters; supplement, modify the content of this Agreement conflicts with the content of the supplement, the modified content shall prevail;
(b) This Agreement is in duplicate, the partners each sign a copy.
(C) This Agreement shall come into force after all the partners have signed and sealed it.
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): _________ Legal representative (signature): _________
_________ ____ ____ day _________ ____ ____ Day
2 people restaurant partnership agreement sample 3Partner: (hereinafter referred to as Party A)
Partner: (hereinafter referred to as Party B)
The first partnership purpose: integration of knowledge and ability to play the advantages of resources, create a platform for development and create a management brand.
The second partnership business project and scope: Sichuan West Damzi dry pot restaurant
The third partnership period:
The partnership period of 5 years, since March 27, 2011, until March 27, 2015, the end.
Article 4 Contribution amount, mode and term
1. Partner Luo Chang, contributes RMB 200,000 in cash. Partner He Yuzhong, capital contribution in cash, amounting to RMB 200,000 yuan.
2. The partnership contribution*** is RMB 400,000 yuan. During the period of partnership, each partner's capital contribution is *** property, and shall not be divided at will. After the termination of the partnership, each partner's capital contribution is still owned by the individual, and shall be returned at that time.
Article 5: Distribution of surplus and assumption of debt
1. Distribution of surplus shall be based on the amount of investment and distributed proportionally.
2. Assumption of debts: the partnership debt shall be repaid by the partnership property first, and when the partnership property is not enough to settle the debt, the debt of each partner shall be assumed proportionally.
Article VI admission, withdrawal, transfer of capital
1. Admission: ① need to recognize the contract; ② need to be agreed by all partners; ③ implementation of the rights and obligations under the contract.
2. Withdrawal: (1) there must be a valid reason for withdrawal; (2) not in the partnership disadvantageous withdrawal; (3) withdrawal must be informed to the other partners three months in advance and the consent of all partners; (4) withdrawal of the property at the time of the withdrawal of the state of the settlement, regardless of the mode of contribution, the settlement of money; (5) without the consent of the contractual partner to withdraw from the partnership to the partnership losses caused by the loss, should be compensated.
3. Transfer of capital contribution: Partners are allowed to transfer their capital contribution. The partners have the right of priority in the transfer. If the transfer is made to a third party other than the partners, the third party shall be treated as a member of the partnership, otherwise, the transferor shall be treated as a withdrawer from the partnership.
Article 7: Prohibited Actions
1. Without the consent of all partners, it is prohibited for any partner to carry out business activities in the name of partnership privately; if his/her business obtains benefits to the partnership, and if it causes losses, the losses shall be compensated according to the actual losses.
2. It is prohibited for a partner to operate a business that competes with the partnership.
3. A partner is prohibited from joining another partnership.
4. A partner is prohibited from entering into a contract with the partnership.
5. If a partner violates any of the above articles, he/she shall be liable to pay compensation according to the actual loss of the partnership. If the partner fails to comply with the above rules, he/she can be removed from the partnership by the decision of all the partners.
Article 8: Settlement of disputes
In case of disputes between partners, they should consult with each other and settle the disputes on the principle of favoring the development of partnership. If the consultation fails, they may resort to the court.
Article 9 of this contract shall come into effect and start business from the date of its conclusion and approval by the administrative authorities for industry and commerce.
Article 10 of this contract, if there are any outstanding issues, should be supplemented or modified by the collective discussion of the partners. The contents of the supplement and modification shall have the same effect as this contract.
Article 11 of the original of this contract in two copies, the partners each hold one copy
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): _________ Legal representative (signature): _________
_________ year ____ month ____ day _________ year ____ month ____ day