Business and restaurant cooperation agreement
In today's society, the agreement plays an increasingly important role, the agreement on both sides of the affairs of the fulfillment of a positive role. Proposing an agreement is clueless? The following is my collection of cooperation agreement between the enterprise and the catering restaurant, for your reference and reference, I hope it can help the friends in need.
Business and catering cooperation agreement 1
Party A:
ID No.:
Contact:
Party B:
ID No.:
Contact:
Party C:
According to the "Chinese People's Republic of China and the State Corporation of the People's Republic of China," the agreement will be signed by the Chinese government. Chinese People's *** and State Company Law" and other Chinese laws and regulations, the contributors follow the principle of voluntariness and consensus, *** with the capital to establish a catering company with independent legal personality.
First, the basic situation of the company
The name of the cooperative business project: _____________ (hereinafter referred to as the company).
Company address: _______________________________________.
Second, the company is a limited liability company, the company with all its assets to be liable for its debts.
III. The scope of business of the Company: _______________________________________.
IV. The Company's business period is _____ years from the date of approval of the Company's registration.
From the date of ____ to the date of ____.
V. Investment Capital and Contributors
The investment capital of the Company is _______ million RMB,
VI. Rights and Obligations of Contributors
1. Contributors shall enjoy the following rights:
(1) Attend the shareholders' meeting, and exercise the right to vote in accordance with the proportion of the capital contributed;
(2) Elect and be elected as directors and supervisors;
(3) access to the minutes of the shareholders' meeting and the company's financial and accounting reports;
(4) share dividends in proportion to the capital contribution;
(5) share in proportion to the company's assets that can be distributed for the contributors after the liquidation of the company;
(6) the transfer of capital contributions in accordance with the provisions of the articles of association;
(7) the other rights provided for by laws and regulations.
2. Obligations of the contributors:
(1) Recognize and comply with the articles of association;
(2) Pay the contributions in full and on time;
(3) The company shall not withdraw the capital after its establishment in accordance with the laws and regulations;
(4) Be liable to the company to the extent of the amount of the capital contributed by the contributors;
(5) Conserve the secrets of the company's internal operation and the operation of the company;
(6) Transfer the capital according to the provisions of the articles of association;
(7) Other rights stipulated by the laws and regulations.
(6) Compliance with laws, regulations and company rules and regulations.
VII. Funds in place and accounting agreement
1, the first phase of funds in place: A and B in the investment budget formulated within ____ days after the investment ratio of the total investment of ____% of the amount of the budget, remittance to the _____________________ company's designated account.
2, the second phase of the funds in place: A and B the first time the funds in place within ____ days or the two sides agreed to the store's operating day ____ days, according to the investment ratio of the investment budget of the total investment of ____% of the amount, remitted to the _____________________ company's designated account.
VIII, the store's operation before all not listed in the investment budget for additional investment, will be included in the store's total investment capital, the amount of normal operation before ______ days in accordance with the investment ratio to make up the full amount to the designated account.
Nine, organization and management
1, the company's highest authority for the Shareholders' Meeting, the Shareholders' Meeting consists of all the contributors, in order to better operate and manage the store, in consultation with Party A on the basis of mutual agreement, on the hiring of Party A management staff to manage the store.
2, the rights and obligations of directors and supervisors, rules of procedure by the articles of association.
Ten, the company's financial and accounting system
The company in accordance with the laws, administrative regulations and the provisions of the State Council departments in charge of finance to establish the company's financial and accounting system.
XI, the company produces a monthly financial accounting report, and in accordance with the law, after review and verification, the second or third month's profit to the shareholders. Financial accounting report should include financial statements and schedules:
1, balance sheet;
2, profit and loss account;
3, statement of financial position (provided when there are changes).
XII. Engage Party A to carry out monthly accounting of its operating results, and according to the specific business performance, charge the contributor a certain amount of business management expenses and give business effectiveness incentives, which shall be calculated and paid according to the following methods:
1. ____% of the net profit of Party A per month as the Party's business management expenses.
2, when the store's net profit is ____ million (including) RMB or more, Party A, in addition to charging the operation and management expenses of ____% of the profit of the month, the exceeding amount of the profit of ____% of the profit as a reward for the operating effectiveness to Party A.
3. The operation and management expenses are included in the operation cost of the month.
13. If there is any profit or loss during the operation period, it will be borne according to the ratio of capital contribution***.
Fourteen, dispute resolution
A and B due to any dispute arising from the performance of the contract process should be in a friendly and cooperative attitude of negotiation to resolve, if the consultation fails, the two sides agreed to submit to the _________ People's Court to deal with.
XV. This agreement shall come into force after all the contributors sign it, and each contributor shall execute _______ a copy of it, which shall have the same legal effect.
Party A (signature or seal):
Legal representative:
Date: _____ year _____ month _____ day
Party B (signature or seal):
Legal representative:
Party C (signature or seal):
Legal representative:
Cooperation between the enterprise and catering restaurant Agreement 2Agreement No.
Party A:
Party B:
According to the "Chinese People's Republic of China *** and the State Contract Law" and "Chinese People's Republic of China *** and the State Partnership Law" of the relevant provisions of the two sides, A, B through friendly consultation, on *** with the operation of catering matters to reach the following cooperation agreement, and commitment to *** with the compliance.
Article I cooperation name and business premises
1, the name of the restaurant:
2, the main place of business:
3, the business items and scope:
Article II partnership period
1, since ______ year ______ month ______ from the date, to ______ year ______ month ______ date, **** ______ year.
2. Upon expiration, the agreement may be renewed if the parties still need to partner.
Article III contribution mode
1, Party A to _________ way to contribute, *** counted RMB _________ whole, accounting for the total proportion of contributions _________.
2, Party B to _________ way of capital contribution, *** counted RMB _________ integer, accounting for the total proportion of capital contribution _________.
3, each partner's capital contribution, in ______ year ______ month ______ day before the payment.
4, the partnership capital contribution *** counts RMB ___ yuan. During the period of partnership, each partner's capital contribution is *** owned property and cannot be divided at will. After the termination of the partnership, the capital contribution of each partner is still owned by the individual and will be returned at that time.
Article 4: Distribution of Profits and Sharing of Losses
1. Distribution of Profits: Based on __________________, the profits will be distributed proportionally.
2. Assumption of debts: partnership debts shall be repaid by the partnership property first, and if the partnership property is insufficient to settle the debts, they shall be assumed proportionally based on _____________.
Article V Entry, withdrawal, transfer of capital
1, entry
(1) new partners into the partnership, must be agreed by all partners, recognize and sign the partnership agreement.
(2) Unless otherwise agreed in the partnership agreement, the new partner enjoys the same rights and bears the same responsibilities as the original partner. The new partner shall be jointly and severally liable for the debts of the partnership prior to the admission.
2. Withdrawal
(1) Within the term of the partnership, a partner may withdraw from the partnership under any of the following circumstances:
① The reasons for withdrawal agreed in the partnership agreement.
② agreed by all partners to withdraw.
③ The occurrence of the reasons for the partners to continue to participate in the partnership.
(2) The partner has one of the following circumstances, ipso facto withdrawal:
① death or legally declared dead.
② declared incompetent according to law.
③ Personal loss of solvency.
④ Other reasons agreed in the partnership agreement.
(3) A partner has one of the following circumstances, 'with the unanimous consent of the other partners, can be resolved to remove their names:
① failure to fulfill the obligation to contribute.
② intentional or gross negligence to cause losses to the partnership.
③ Improper behavior in the execution of partnership affairs.
④ Other reasons agreed in the partnership agreement.
3. Transfer of capital contribution: Partners are allowed to transfer all or part of their property shares in the partnership. Under the same conditions, the partners have the priority right to transfer. If the transfer to a third party other than the partners, the third party shall be treated as a partnership, otherwise the transferor shall be treated as a withdrawal. If a third party other than a partner receives a share of partnership property, he or she becomes a partner of the partnership by amending the partnership agreement.
Article 6 - Continuation of Partnership
In the case of withdrawal, the remaining partners shall have the right to continue to operate the business under the name of the original enterprise, or they may choose to absorb new partners into the partnership.
Article VII: Partnership Heads and Execution of Partnership Affairs
1. All partners **** the same execution of partnership affairs. (Applicable to small partnerships)
2, the partnership agreement or the decision of all partners, entrusted _______ as the head of the partnership, the authority of which is:
(1) external business, enter into contracts.
(2) The day-to-day management of the partnership business.
(3) To sell the products (goods) of the partnership and to purchase goods in common use.
(4) Payment of partnership debts.
Article VIII Rights and Obligations of Partners
1, the right to operate, decide and supervise the partnership affairs, the partnership's business activities by the partners *** with the decision, regardless of the amount of capital contributed, each person has the right to vote.
2, partners enjoy the right to distribution of partnership benefits.
3. 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 shall be owned by the partners***.
4. Partners have the right to withdraw from the partnership.
5, in accordance with the partnership agreement to maintain the unity of the partnership property.
6, for the partnership debt is jointly and severally liable.
Article 9 Prohibited Actions
1. Without the consent of both parties, it is prohibited for any partner to carry out business activities in the name of partnership. If so gained benefits should be returned to the partnership, resulting in losses according to the actual loss 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 not allowed to engage in activities that are detrimental to the interests of the partnership.
5. If a partner violates the provisions of the above articles, he/she shall compensate for the losses caused to the other party.
Article 10 Termination of Contract
1. Expiration of the partnership period.
2. Both parties agree to terminate the partnership.
3. The purpose of the partnership business cannot be accomplished.
4. The partnership is canceled in violation of the mandatory provisions of the law.
Article 11 Dissolution and Liquidation
1. The enterprise has been dissolved by the law, resulting in the non-existence of the partnership, the termination of the partnership agreement, and the annihilation of the partnership relationship between the partners.
2, the dissolution of the enterprise, the termination of the business qualification, may not engage in business activities, but only to engage in some activities related to the liquidation activities.
3, after the dissolution of the enterprise, the liquidator of the enterprise's property, debts and liabilities to clean up and settle, deal with all outstanding matters, but also should be notified and announced creditors.
4, the liquidator by all the partners or by a majority of all the partners agree, from the dissolution of the partnership within 15 days of the designation of ______________ partners or entrusted to 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, after the end of the liquidation, the liquidator to prepare a liquidation report, signed by all the partners, seal, within 15 days to the business registration authority to submit the liquidation report, for business registration.
6, the partnership property in the payment of liquidation costs, in the following order of liquidation: the partnership owes the recruitment of wages and labor insurance costs, the partnership owes the tax, the partnership's debt, the return of the partners' contributions.
7. If there is any surplus after the liquidation, it will be distributed according to the method in the first paragraph of Article 5 of this Agreement.
8. If there is a loss in the liquidation of the partnership and the partnership property is not enough to pay off the part, it shall be handled according to the method of the second paragraph of the fifth article of this agreement. 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 12 Liability for Breach of Contract
1, the partners do not pay on time or do not pay the capital contribution, shall compensate for the losses caused to the other partners, and if the overdue ____ years still do not pay the capital contribution, according to the withdrawal of the treatment.
2, a partner without the unanimous consent of the other partners to transfer their share of the property, if he partners do not want to accept the transferee as a new partner, can be dealt with as withdrawal, the transferor shall compensate the other partners for the losses caused by this.
3. If a partner privately contributes to the partnership with his share of property, his act is invalid or treated as withdrawal from the partnership, and he shall be liable to compensate for the losses caused to the other partners as a result.
4. If a partner seriously violates this Agreement, or causes the dissolution of the partnership due to gross negligence or violation of the Partnership Law, he/she shall be liable to the other partners.
5. If a partner violates the provisions of Article 8, he/she shall be compensated according to the actual loss of the partnership, and if he/she fails to listen, he/she can be removed from the partnership by the decision of all partners.
Article 13 dispute resolution
Any dispute arising out of or in connection with this Agreement shall be resolved through negotiation between the two parties, and in the event that the negotiation fails, any one of the parties may bring a lawsuit to the People's Court of the place where this contract is signed.
Article 14 Others
1. This Agreement shall be executed in duplicate, one for each partner.
2. This agreement shall come into force after all the cooperators have signed, or stamped.
Signature of the representative of party A: (seal)
ID number:
Phone:
Signature of the representative of party B: (seal)
ID number:
Phone: