In daily life and work, the frequency of the use of the agreement is on the rise, the signing of the signed agreement is one of the most effective legal basis. A reference to the agreement is how to write it, the following is my compilation of the shareholding agreement 5, welcome to learn and reference, I hope to help you.
The shareholding agreement Part 1
Party A:
Party B:
The two sides reached the following agreement:
1, Party A, Party B, fifty percent of the shares of the funds to open a snack bar.
2, ___ March, April, Party A's wife to waiter status to receive a salary of 1,000 yuan, the rest of the profit, Party A got 65 percent, Party B got 35 percent. In May and later, Party A and Party B seventy percent according to Party A, Party B thirty percent for profit sharing, Party A and his wife do not receive wages.
3, because of the development needs of the snack bar, if you want to recruit part-time staff, then the wage bill is counted as a cost, Party A and Party B each bear fifty percent. If the later development needs, the need for refinancing, but also each out of fifty percent.
4, in the snack bar business period, regardless of which party to withdraw, can only return their own shares of seventy percent of the funds, such as a one-time transfer, party A should be sixty-five percent of the shares of the funds, party B thirty-five percent of the shares of the funds.
5, income from the party in custody, the monthly settlement, while the dividends.
The above after both sides agreed to sign after the effective.
Funds into shares agreement 5
Party A: _________ Valid ID number: _________
Party B: _________ Valid ID number: _________
The above parties **** with the investor (hereinafter referred to as the "*** with the investors") after friendly consultation, according to the Chinese people's *** and state laws and regulations, the two sides in the principle of mutual benefit, on the cooperation between Party A and Party B to invest in
project matters and Party A in its name to be transferred to the ____ equity, and as a promoter to participate in the (tentative name, hereinafter referred to as)
Article I *** with the investor's investment amount and investment mode
Party A has fully understood Party B's entrepreneurial plan and agrees with its market prospects, and intends to invest risk capital to start a business with Party B *** together.
Party A and Party B agree to take the _________ company (hereinafter referred to as _________ ) registered by both parties as the main body of the project investment.
Party A as a venture capital investor to provide Party B to operate the company's total capital contribution (hereinafter referred to as the "total capital contribution") for the whole of the RMB, of which, the parties to the capital respectively: Party A contributed _________, accounting for the total capital contribution of _________; Party B is responsible for the management of the project market operation as the Capital contribution, accounting for _________ of the total capital contribution.
The parties agreed to participate in the company's initiation of the establishment of *** with the investors will hold the company's shares in proportion to the total share capital: Party A, Party B.
Party A as *** with the investor should be _________ year _________ month _________ day before the above capital contribution will be unloaded into the designated bank: __________________
Company account number: __________________
Opening bank: __________________
Shareholding Agreement Part 2Party A: ____________________
Legal representative: _________________________________
Legal ID number: ___________________________
Address: _________________
Party B: _____________________________________________
Legal representative: _________________________________
Legal ID number: ___________________________
Address: __________________
Party C: _____________________________________________
Legal Representative: _________________________________
Legal ID Number: ___________________________
Address: ___________
At the request of the three parties*** together, the three parties, as investors*** together invest RMB _____ million*** together to operate _______ company, the three parties, in line with the principle of mutual benefit and **** together for the development of the principle of mutual benefit and **** together, after full consultation, hereby Entered into this agreement.
Article I General Provisions
1. 1. Wuhan Deshengxing Die Casting Co., Ltd. (hereinafter referred to as the Company) is established in accordance with the laws of the People's Republic of China and is legally permitted to engage in economic activities, and is located in the Hanyang District of Wuhan City, Hubei Province, People's Republic of China.
1. 2. The three parties, in accordance with the provisions of the Company Law of the People's Republic of China and the Contract Law and the relevant laws of the People's Republic of China, agree to join the establishment of the Company as one of the shareholders of the Company by way of capital and in-kind commutation of shares. Party A, Party B and Party C (hereinafter referred to as the three parties) agree to hold a sincere attitude to comply with this contract.
Article 2 Company Name and Address
2. 1. The full name of the company in Chinese is: ___________________________
2. 2. 2. The registered office of the company is located at: ___________________________
Article 3 Registered Capital and Funding
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3. 1. The company is a limited liability company. The total assets of the company are _______ million yuan (including intangible assets of 100,000 yuan). Among them, Party A's shares account for ______, Party B's shares account for ______, Party C's shares account for ______, and the three parties **** the same share of 100 percent.
3.2. All three parties shall invest in the company in the amount of cash agreed upon by the three parties, all of which shall be credited to the company.
3.3. In addition to the registered capital, if the company needs additional funds, the board of directors decides that the funds can be raised in a suitable way through the bank in accordance with the Chinese People's Republic of China's enterprise loan scheme, and the funds raised will be recorded in the form of accounts payable in the accounting statement.
Article 4: Organization of the company
4.1. The company implements the managerial responsibility system under the leadership of the board of directors, and the board of directors is the highest decision-making body of the company, deciding all the major issues of the company.
4.2. The board of directors consists of ___ directors, the directors are _________, ____________, ____________
, the company's major decisions shall be discussed by the members of the board of directors *** with the chairman of the board of directors alone to make a resolution, and each director has the right to know in advance of the company's all major decisions, and the shareholders have the right to know in advance of the company's decisions that obviously deviate from the interests of shareholders. The shareholders have the right to protest against any decision that is clearly contrary to the interests of the shareholders.
The general manager and the manager shall preside over the day-to-day management of the company in accordance with this contract and the resolutions of the board of directors. In the absence of the general manager, the manager shall act in his/her place. The establishment, organization, duties and personnel arrangements of each department shall be formulated by the general manager and manager in accordance with the principles decided by the Board of Directors and approved by the Board of Directors.
Article 5 Management of the Company
5.1. The Company shall be managed by the directors***. The company's management policy, major decisions (including production and sales plan, profit distribution, retention ratio, personnel appointment and dismissal, etc.) are adopted by the board of directors unanimously. Specifically to the financial aspect, take ________ yuan below the expenditure by the general director of the signature approval. ________ more than the amount of money the shareholders to discuss the decision to approve.
5.2. The company has set up a management organization, which is responsible for the day-to-day management of the company, and the chairman of the board of directors is fully responsible for the management of the company.
5.3. The financial and accounting accounts of the company shall be supervised by the board of directors.
Article 6 Responsibilities and Obligations of the Three Parties
6.1. A, B and C have the same status as the members of the board of directors of the company, enjoy the same rights and bear the same obligations since the effective date of the contract. From the effective date of the contract, the three parties shall participate in the dividend according to the investment ratio (the dividend mode is as follows: the dividend will be paid in January of the following year after the effective date of the contract, and January of each year will be the month of dividend of the agreement, and any of the three parties shall have the right to withdraw the dividend according to the regulations, and if one of the parties gives up the dividend of the current dividend, the dividend will be accumulated by default as an additional investment for the party, and the other parties shall make the same proportion of additional investment, or reduce the proportion of the shareholding as a corresponding adjustment), and shall be jointly and severally liable for the debts and obligations. At the same time, the debt is jointly and severally liable for the enterprise debt in accordance with the proportion of their respective investments.
6.2. Party A and Party B shall supervise the company to manage the assets, supervise the operation of the enterprise in accordance with the law and fulfill the contract; and do a good job in guiding and coordinating the work.
6.3. The other parties shall abide by the national laws, implement the national policies and plans, complete the targets and tasks stipulated in the contract, safeguard the lawful rights and interests of the state, the enterprise and the workers, and correctly deal with the distribution relationship within the enterprise. The increase or decrease of the company's funds shall be decided by the board of directors and reported to the board members for consultation and reasonable adjustment of the provisions of this agreement regarding the distribution ratio according to the increase or decrease of the funds.
6.4. The property of the Company shall be owned by all shareholders of the Company and no party shall dispose of all or any part of the property, assets, rights and liabilities of the Company without the unanimous approval of the three parties and the Board of Directors.
6.5. The parties shall not surrender their shares during the term of the corporation. Once this contract is signed, it will be effective for a long period of time under the voluntary situation of the three parties, unless otherwise agreed by the three parties, until the three parties are unable to fulfill their obligations under this agreement due to natural disasters such as earthquakes, fires, etc., wars, governmental acts, etc., and the three parties notify each other in writing that the agreement will be terminated (the date of the withdrawal of the shares will be the date of the occurrence of the legal cause).
Article VII of the agreement is not yet complete, the three parties can supplement the provisions or three-party oral deliberation decision, oral deliberation decision and supplemental agreement and this agreement has the same effect.
Article VIII of the agreement in triplicate, one for each party. This agreement shall enter into force on the date of signature (or seal) of the three parties?
Party A: (signature)? Party B: (signature) Party C: (signature)
Address: Address:
Zip Code: Zip Code:
Contract signing place: ___________
Contract signing time: ____ year ___ month ___ day
Shareholding Agreement Part 3Party A: ID card number:
Party B: ID card number.
Party A and B agreed that Party B as a new investor and Party A *** with the operation of Weifang Dongxu Construction Machinery Leasing Company Limited (hereinafter referred to as "the company"), to become a shareholder of the company. Both parties in the spirit of mutual benefit, *** with the principle of development, after full consultation, according to the "Chinese People's *** and the State Company Law" and relevant laws and regulations, hereby enter into this agreement. Each party shall enjoy the rights and fulfill the obligations according to the following terms.
Article I capital contribution, mode, period: Party B in the form of monetary contribution, capital contribution of RMB 600,000 (six hundred thousand yuan), accounting for 30% of the total number of shares of the company. Party B will inject the above capital into the company in due course according to the progress of the company's construction of plants, procurement of equipment and normal liquidity needs. After becoming a shareholder of the company, Party B will fulfill the capital contribution obligation according to the above two agreements.
Article 2: The transfer of shares and shares, after the fulfillment of the legal share procedures, Party B shall be deemed to have become a shareholder of the company. Party B shall notify Party A two months in advance of the transfer of shares, and fulfill the corresponding legal procedures.
Article 3 Rights and Obligations of Shareholders (Party B)
1, according to the articles of association of the company to enjoy the rights of shareholders, bear the obligations of shareholders;
2, based on the 30% of the proportion of capital contribution to enjoy the company's profits, bear the company's losses;
3, before becoming a shareholder of the company's operating profits do not have any rights and interests in the company's operating profit, and do not bear any responsibility for the business losses and debts; Party B become a shareholder of the company, the company shall be deemed to have joined the company. After you become a shareholder of the company, if you suffer losses as a result of the company's settlement of debts before you become a shareholder, by the party to the party to assume responsibility for compensation.
4, fully responsible for the company's financial and business work.
5, should be in accordance with the agreement to pay the appropriate amount of money in a timely manner.
Article 4 Commitment. Party A promises that Weifang Dongxu Construction Machinery Leasing Co., Ltd. is legally registered, now operating in accordance with the law, otherwise, to Party B to assume the responsibility for contractual negligence, such as other losses, should be compensated according to the facts.
Article V. Liability for breach of contract. If Party B delays the payment and causes the company to suffer significant losses, it should give the corresponding compensation; if Party A suffers financial losses due to major faults, it should bear the corresponding compensation to Party B. If Party B delays the payment, it should bear the corresponding compensation.
Article 6 Dispute Resolution. All disputes arising from the implementation of this contract or related to this contract shall be resolved by both parties through friendly consultation; if they cannot be resolved through consultation, they shall be sued to the court of competent jurisdiction.
Article VII Entry into force of the contract and others. The two parties shall **** consult with each other on any matters not covered in this agreement and shall sign a supplementary agreement. This agreement *** two copies, one for each party. From the date of signature of both parties to enter into force.
Signature of Party A: Signature Date: Monthly
Signature of Party B: Signature Date: Monthly
Shareholding Agreement Part 4Article 1, General Provisions
This agreement is a cooperation contract for the capital stock, Party A and Party B are responsible for their own responsibilities, based on the existing entities of the Party A, Party B and Party A **** together with the management of the business, economic and legal responsibilities. Party B only with funds for project financing, so as to promote and improve Party A's enterprise capital shortage problem, so that its enterprises as soon as possible to resume production and operation, increase capital and income, to achieve *** win.
Shandong Luhua Electronic Equipment Co., Ltd., according to the needs of the enterprise, in order to seek enterprise development, get rid of the enterprise difficulties, seeking capital stock partners, and Party B signed a cooperation agreement, all with legal effect. Now in line with the principle of equality and mutual benefit investment benefits, the two sides *** win, through friendly consultation,
Party A on behalf of the investors and Party B reached a shareholding cooperation agreement.
Article II, the cooperation between the two sides and conditions
The cooperation between the two parties to this contract are:
Party A: address: ID card number:
Enterprise code certificate: Party A's current infrastructure for the foundation
Party B: address: ID card number: Party B invested yuan as a cooperation of the basic shares
Article III, the purpose of the cooperation and the development of Scale
A and B 'cooperation premise Luhua Electronic Equipment Co., Ltd. as the basis for the party B invested funds for the intention of cooperation, the purpose is to introduce funds through the introduction of the two sides to promote the development of cooperation, mutual benefit **** win in order to revitalize the company.
(1) the scope of cooperation purpose: Shandong Luhua Electronic Equipment Co., Ltd. as the basis, relying on the existing equipment, technology and resource advantages of Party B to invest in funds as the production of liquidity for the two sides of the basis of cooperation.
(2) the conditions and objectives of cooperation: Shandong Luhua Electronic Equipment Co., Ltd. is the basis for cooperation conditions, while the ownership of the enterprise, the ownership of existing equipment for the Party A, Party B shares only enjoy the end of the year profit dividends. In the cooperation between the two sides during the operation, all the normal operation and management are Party B is solely responsible for, Party A is obliged to assist in the management of Party A's work. The purpose of cooperation between the two sides is to improve the efficiency of the benefits. Party B's investment funds can only be used for production of working capital.
Article 4, the term of cooperation and profit distribution
The two sides agreed to cooperate for a period of years, that is, from January to January, if one side proposed and agreed by the other side can be advanced or extend the period of cooperation. The benefits of the cooperation will be distributed as profit after tax. A and B each accounted for 50%.
Article V. Dispute Resolution
First of all, the consultation or the third party to coordinate the settlement. If the consultation fails to go to the Arbitration Commission in the location of the two parties to arbitrate the contract, arbitration failure can be sued in their respective people's courts.
In the cooperation of the two sides to negotiate as a supplement, and the renewal of the agreement has the same
The same effect. This contract is signed by both parties shall enter into force, and has the force of law.
Party A: (signature and seal)
Party B:
20xx.05.26 (signature and seal)
Shareholding Agreement Part 5Party A:
Legal representative:
Contact address:
Party B:
ID card number:
Contact address:
Party A and Party B have negotiated the agreement. > Party A and Party B have negotiated to set up ____________ (company) (hereinafter referred to as the Company) in _______ (region), and now, in accordance with the relevant provisions of the Company Law and Contract Law, they have negotiated and reached a cooperation agreement as follows:
Article I. Amount of Investment, Investment Mode, and Investment Time
1, A and B negotiation in the ________ area of long-term cooperation in the operation of food and beverage projects.
2, A and B **** the same capital of RMB ______ (RMB), the establishment of ______ catering limited liability company.
Party A cash contribution of ______ yuan (RMB), the investment and capital increase has been agreed by all shareholders of party A.
Party B made a cash contribution of ______ (RMB), and the investment and capital increase have been agreed by all shareholders of Party B.
3.
3. One of the investment money ______ is used for the registered capital of the Company.
4, Party A and Party B shall remit the registered capital of ***____ yuan to the Company's capital verification account before ____ ____, of which:
Party A shall contribute ______ yuan (RMB), accounting for ______% of the Company's shares;
Party B shall contribute ______ yuan (RMB), accounting for ____% of the Company's shares. ______% of the Company's shares.
The rest is remitted to the joint account of Party A and Party B. The capital verification payment and the remaining amount credited to the designated account shall be owned by the Company. The joint account shall be used as a special storage account for the investment and operating surplus funds, and shall not be used for other purposes.
5, A, B both sides agreed to the Company as the main investment and operation of the project, responsible for the company's preparation, operation and all other matters.
6, if you need to increase investment, A and B according to the proportion of investment (Party A ______%, Party B ______%) increase.
Article II Brand and Proprietary Technology
1, ______ brand and proprietary technology is owned by Party A. Party A guarantees that the ______ brand and proprietary technology has all the rights, and Party A will be responsible for the losses caused by the defective rights. Party A shall grant the right to use the brand to the Company in writing, and the Company shall enjoy the right to use it during the survival of the project, but shall not sublet and lend it to others for use.
2. Party B promises that he and his associates will not engage or participate in any way in the production of any business activities that are identical or similar to the Company's products during the period of the Company's existence. In case of violation of this undertaking, Party B will transfer its equity interest to Party A without compensation and compensate for the economic loss brought to Party A as a result.
3. Party A and Party B agree to open additional ______ flagship stores in the _______ region with the existing investment ratio from the start date of the business of this store. During this period, Party A shall not for any reason again in this area, sole proprietorship, joint venture with other investors or with other franchisees to invest in the establishment of outlets.
Article III Corporate Governance
1, the shareholders' meeting consists of members of the shareholders, the shareholders' meeting of the company's highest decision-making body, to decide on all major issues of the company, in accordance with the "Company Law" and the actuality of the company, to formulate the company's "Articles of Incorporation" and the various "Company Management System", the shareholders and managers in accordance with the approved "Articles of Incorporation" and "Company Management System". Articles of Incorporation" and "Company Management System" according to the approved provisions of the shareholders and managers.
2. The Company shall have one executive director, who shall be Party A.
3, the company set up a supervisor, by party B.
4, the company should establish a sound financial management system, the two sides each appointed a person as the company's accountant or cashier. Monthly financial reports should be timely and truthful feedback to both sides in a timely manner.
5, the company's business management by Party A is solely responsible for, Party B in principle, not directly involved in the company's business management. In principle, Party A shall comply with the following provisions:
(1) Party A shall draw up a practicable company management system according to the actual situation of the company (including human resource management system, procurement management system, employee salary management system, employee performance bonus system, etc.), and report to the shareholders' meeting, which will take effect after approval by the shareholders' meeting. Party A shall implement the company management system approved by the shareholders' meeting.
(2) Party A shall perform its duties diligently in accordance with the actual situation of the Company. Strictly prohibit the use of duties, artificial use of raw materials supply and other channels to transfer the Company's profits. If the violation of this provision, Party A will transfer its equity to Party B without compensation, and compensate for the economic losses brought to Party B.
(3) Party A in the actual operation and management process, such as the actual performance of the month's operation is seriously lower than the projected operating targets for the month or other irresistible factors affecting the operation and loss of events, Party A should be written to the shareholders' meeting in a timely manner to explain the reasons for the loss, and to provide a specific way to improve the shareholders need to make collective efforts to review the improvements provided by the Party A in a timely manner, to adjust the business strategy to solve the business situation.
Article IV Profit Sharing and Loss Sharing
1. The Company distributes dividends on a quarterly basis and according to the proportion of the Company's shares actually held by Party A and Party B. The Company's shareholders are entitled to receive the dividends on a quarterly basis and on a quarterly basis. The ______% of each profit shall be retained as revenue, and when the revenue retained is higher than ______ (RMB), it shall not be withdrawn.
2. If the Company suffers from operating loss, the shareholders of A and B shall bear the loss amount and the corresponding responsibility according to the proportion of the shares held by each of them.
Article 5: Transfer and Termination of Investment
1. The transfer of the Company's shares by Party A or Party B shall be subject to the consent of Party A and Party B. The transfer of the Company's shares shall be subject to the consent of Party A and Party B.
2.
2. If either party transfers the shares of the Company in accordance with the law, the other party shall have the right of preference under the same conditions.
3. If the Company suffers losses for three consecutive months due to non-artificial factors, the shareholders may request to terminate the operation; if one party does not agree, the other party must accept all the shares according to the net asset value occupied by the transferring party.
4. When the Company is dissolved, it shall be liquidated in accordance with the provisions of the Company Law and the Articles of Association.
Article VI Liability for breach of contract
1. If a shareholder fails to pay the capital contribution or fails to pay it in full on time, he/she shall be compensated according to the amount of the capital contribution of the contributed shareholders to the contributing shareholders.
2, one of the shareholders did not fulfill the other content of the agreement, should be compensated for the losses caused by other shareholders.
Article VII Dispute Resolution
A and B due to any disputes arising from the performance of the contract process should be resolved through consultation in a friendly and cooperative attitude; if the consultation fails, the two sides agreed to submit to the _________ Arbitration Commission for processing.
Article VIII Other
1, this agreement is not exhaustive, by the consensus of the A and B parties, sign a separate supplementary agreement.
2, this agreement shall come into force after signed and sealed by both parties.
3, the original of this agreement in one ____ copy, the two sides of the ____ copy, the company stored ____ copy.
Party A (signature or seal ):
Legal representative:
Date of signing: ____ year ____ month ____ day
Signing place:
Party B (signature or seal ):
Legal representative:
Date of signing: ____ year ____ month ____ day
Place of signing: