article 967 a partnership contract is an agreement between two or more partners to enjoy the benefits and bear the risks for the same business purpose.
article 968 partners shall perform their capital contribution obligations in accordance with the agreed mode, amount and payment period.
article 969 the capital contribution of a partner, the income lawfully obtained from the partnership affairs and other property belong to the partnership property.
before the termination of the partnership contract, the partners may not request the division of the partnership property.
Partnership is an important civil legal system, and partnership contract is a new contract type in the Civil Code. In real life, it is often common in coffee shops, tea shops, restaurants and gyms, and the partners are mostly colleagues, friends and classmates.
The reason why a partnership has a strong vitality is that it is very simple to set up, and it is not necessary to register an enterprise with industry and commerce. It is enough to have a contract, even a verbal agreement. Internal management is also simpler than that of the company.
unless otherwise agreed in the partnership contract, decisions made by partners on partnership affairs shall be unanimously agreed by all partners.
1. All partners * * * execute together: partnership affairs are executed together by all partners * * *.
2. Entrust some partners to execute: according to the agreement in the partnership contract or the decision of all partners, one or several partners may be entrusted to execute the partnership affairs; Other partners no longer carry out partnership affairs, but enjoy supervision.
3. Partners execute the partnership affairs separately: if the partners execute the partnership affairs separately, the executive partner may object to the affairs executed by other partners; After raising an objection, the other partners shall suspend the execution of the transaction.
if there is an agreed investment arrangement in the partnership contract, the partners shall perform it according to the contract. Similarly, it is also possible to stipulate in the partnership contract that no capital contribution is required, or that some partners do not need to contribute.
there is no restriction in this article of the civil code on the mode of capital contribution. Therefore, individual partnership (without partnership) can be funded by monetary property or non-monetary property agreed by all partners, which is not prohibited by law. Of course, in order to avoid disputes in the process of partnership, it is still recommended to operate the investment arrangement of non-monetary property carefully, at least there should be a written contract, and it is best to conduct an evaluation by a third-party professional organization.
Legal basis:
Article 967 of the Civil Code of the People's Republic of China * * * A partnership contract is an agreement between two or more partners that * * * enjoys benefits and * * * bears risks for the same business purpose.
article 968 partners shall perform their capital contribution obligations in accordance with the agreed mode, amount and payment period.
article 969 the capital contribution of a partner, the income lawfully obtained from the partnership affairs and other property belong to the partnership property.
before the termination of the partnership contract, the partners may not request the division of the partnership property.