Current location - Recipe Complete Network - Catering franchise - Agreement of partners to operate the company
Agreement of partners to operate the company
Partner Agreement of Operating Company 1 Party A:

Organization code:

Address:

Postal code: Tel:

Party B:

Organization Code: Address: Postal Code: Tel:

Based on the principle of mutual benefit and common development, Party A and Party B decided to establish a limited liability company with * * through full friendly consultation, and reached the following agreement on the cooperative production, marketing and sales of "_ _" project:

1. Contents and time invested by both parties:

(1) The "_" patent owned by Party B has the patent number of _ and the filing date of _.

(2) Party B shares the above patented technology with its own signature and establishes a new company together with Party A. ..

(3) From now on and during the cooperation period of the company, the above-mentioned patented technology will be owned by the original owner after examination and pricing, and both parties will invite foreign investment in the name of a joint venture established by * * * *.

2. Rights and obligations of Party A:

(1) served as the chairman of the newly established company to carry out foreign business.

(2) Handling the application for examination and approval of the new company, and being responsible for registering with relevant departments, obtaining business licenses, registering trademarks and other matters.

(three) to apply for the production license and product registration certificate.

3. Rights and obligations of Party B:

(1) As the executive vice chairman and the person in charge of production and R&D in a newly established company, it is necessary to sign a letter of appointment, which shall prevail.

(2) Have the same right as Party A to decide the employment of R&D personnel and formulate the salary, welfare and reward and punishment measures of personnel.

(3) Party A and Party A * * * have the same financial rights (both parties * * * can only enter the finance, and both are indispensable), accounting rights, sales rights and development direction decision-making rights * * * and run the company; Listen to the report on the business development of the person in charge of the company; Check the company's account books and operating conditions; Decide major issues of the company together with Party A. ..

(4) Responsible for solving technical problems in production.

(5) Negotiate with Party A to solve the data related to product positioning.

(6) Have the distribution right in Zhejiang Province.

4. Equity distribution:

(1) Party A owns 50% of the shares of the newly established company.

(2) Party B owns 50% of the shares of the new company.

(3) The interests of both parties are equal, and the system of paying dividends once every six months is adopted. After-tax profits are distributed according to 50% of Party A and 50% of Party B. ..

5. Technical ownership and technical confidentiality:

(1) During the cooperation of the company, Party A and Party B may jointly use the above patented technology in the name of the company.

(2) Party B reserves the right to cooperate with the third party on the above-mentioned patents with its own signature from now on and during the company's cooperation.

(3) If the agreement or contract is terminated for any reason, the above patented technology shall be owned by the original owner, and the other party shall not use it for production or sales activities.

(4) Both Party A and Party B have the responsibility to keep the above patented technology confidential not only within the validity period of the contract, but also at any time after the validity period of the contract, and shall not disclose the patented technology signed by the other party to any third party other than the parties to this contract.

(5) When the improved technology has not been patented, the other party shall bear the obligation of confidentiality for the improved technology, and shall not disclose, license or transfer the improved technology to others without permission.

6. Liability for breach of contract and settlement of disputes

If Party B fails to perform its responsibilities in the production process, it will be regarded as a breach of contract, and Party A has the right to terminate the effectiveness of this contract in writing; On the other hand, if Party A fails to perform the responsibilities stipulated in the agreement and contract in the production process, which seriously violates business ethics and laws and damages the interests of the other party, it is also regarded as a breach of contract, and Party B has the right to terminate the effectiveness of this contract.

In case of any dispute arising from matters not covered in this contract, both parties will settle it through friendly negotiation based on the principle of mutual understanding and mutual accommodation. If both parties are unwilling to negotiate or mediate, or if negotiation or mediation fails, they may apply to the contract arbitration institution for mediation, and the arbitration award shall be notarized by the notary office. The arbitral award is final and binding on both parties.

7, the contract comes into effect and other:

(1) This contract shall come into effect after being signed and sealed by both parties and notarized by the notary office, and shall be implemented from the date of signing.

(2) This contract is made in triplicate, one for each party and one for the notary office, all of which are equally authentic.

(3) The final interpretation right of this contract belongs to Party B. ..

Party A: Party B:

Legal person signature: legal person signature:

Date of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Name, address and ID number of the partner in the partnership agreement 2 of the operating company:

Partner's name:, address:, ID number:

Rule number one. The purpose of the partnership

Unity and trustworthiness, diligence and science

2. Partnership projects and scope.

Engineering Construction Supervision Consulting Co., Ltd., the business scope approved by the business license

Article 3. Term of partnership

The partnership term is _ five years, from _ 20xx _ 65438+1October 26th to _ 20xx _ 65438+1October 25th.

Article 4. Mode and duration of capital contribution

4. 1 Partners contribute in cash, totaling RMB _ _ _.

4.2 The capital contribution of each partner shall be paid before _ _ _ _ _. If the payment is overdue or not paid in full, the unpaid part shall bear interest according to the bank's loan interest rate for the same period, and compensate for the losses caused thereby. deliberate

4.3 The contribution of this partnership is RMB 600,000.00 Yuan. During the partnership, each partner's contribution is * * *' s own property, and it is not allowed to ask for division at will.

After the termination of the partnership, each partner's capital contribution will still be owned by the individual and will be returned at that time.

Article 5, surplus distribution and debt commitment

5. 1 surplus distribution, in proportion to the investment ratio.

5.2 Debt commitment: the partnership debt shall be repaid in priority by the partnership property. Where the property of the partnership enterprise is insufficient to pay off, the partnership debts shall be borne in proportion to the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Article 6. Transfer of capital contribution after joining or quitting the partnership.

6. 1 professional conditions

6. 1. 1 All partners agree;

6. 1.2 approve the terms agreed in this contract;

6. 1.3 Agree to perform the rights and obligations stipulated in this contract.

6.2 conditions for quitting the partnership

6.2. 1 is reasonable;

6.2.2 Do not quit the partnership in case of operational difficulties;

6.2.3 The withdrawal of shares shall be notified to other partners in writing six months in advance, and shall be agreed by all partners.

6.2.4 The settlement shall be made according to the property status at the time of quitting the partnership, regardless of the mode of capital contribution, it shall be settled in RMB;

6.2.5 If a partner withdraws from the partnership without the consent of the partner, thus causing losses to the partnership, he shall be liable for compensation.

6.3 Transfer of capital contribution

When transferring the partnership share, other partners have the priority to be transferred. If a third person other than a partner is transferred, it must be approved by other partners, and the third person should be treated as an employee. Otherwise, the transferor will be regarded as withdrawing from the partnership.

Article 7. Rights of the person in charge of the partnership and other partners

7. 1. Zhang Chunlai is the head of the partnership. Its authority is:

7. 1. 1 Develop foreign business and sign contracts. ;

7. 1.2 Daily management of the partnership. ;

7. 1.3 Sales of partnership products (commodities). Buy ordinary goods. ;

7. 1.4 Payment of partnership debts. ;

7. 1.5 others.

7.2. Rights of other partners:

7.2. 1 Participate in the management of the partnership. ;

7.2.2 Listen to the report of the person in charge of the partnership on business development. ;

7.2.3 Check the account books and operating conditions of the partnership. ;

7.2.4*** Decide on major issues of the partnership.

Article 8. Prohibited behavior

8. 1 Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of the partnership without permission. ; If its business profits are owned by the partnership organization, it will compensate the losses according to the facts.

8.2 Partners are prohibited from engaging in business that competes with the partnership.

8.3 Partners are prohibited from joining other partnerships in the same industry.

8.4 Without the consent of all partners, it is forbidden for partners to sign contracts with this partnership.

8.5 If a partner violates the above terms, it shall compensate the actual losses of the partnership. Discourage those who refuse to listen can be decided by all partners to be removed from the list.

Article 9. Termination of the partnership and matters after termination.

9. 1 The partnership may be terminated for one of the following reasons:

9. 1. 1 The partnership term expires. ;

9. 1.2 All partners agree to terminate the partnership:

9. 1.3 The partnership has been completed or cannot be completed. ;

9. 1.4 The partnership enterprise was revoked illegally. ;

9. 1.5 The court decided to dissolve the case at the request of the parties concerned.

9.2 Matters after the termination of the partnership:

9.2. 1 Nominate liquidators immediately and invite intermediaries to participate in liquidation. ;

9.2.2 If there is any surplus after liquidation, the creditor's rights shall be recovered. Pay off the debt. Refund of capital contribution. The order of distribution according to the proportion of surplus property. Fixed assets and inseparable items can be sold to partners or third parties at a fixed price, and the price will participate in the distribution. ;

9.2.3 If there are losses after liquidation, no matter how much the partners contribute, the partnership property shall be paid off first, and the outstanding part of the partnership property shall be borne by the partners in proportion to their contribution.

Article 10 Correction resolution

Disputes between partners shall be settled through consultation on the principle of being conducive to the development of the partnership. If negotiation fails, you can go to court.

Article 11 This contract shall come into force as of the date of signing.

Article 12 If there are any matters not covered in this contract, the partners shall discuss, supplement or modify it together. The supplementary and revised contents have the same effect as this contract.

Article 13 The original of this contract is in duplicate, with each party holding one copy.

Partner: (signature and seal)

Partner: (signature and seal)

Contract signing time:

location

Partner agreement of operating company 3 _ _ _ _ _ _ _ _ _ _ _ company of Party A.

Party B's _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Party C's _ _ _ _ _ _ _ _ _

Party D _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Party A, Party B, Party C and Party D jointly run an advertising company through friendly negotiation, taking advantage of the partners' own advertising industry and team, so that partners can create labor results and share economic benefits through legal means. We hereby reach the following partnership agreement on the operation of * * * and an advertising company.

1. The name of the partnership advertising company is,

2. Business premises and area, 80 square meters.

3. Business projects are advertising design, production and installation.

4. All assets (two computers, one indoor inkjet printer, one inkjet printer and one inkjet material, with a total amount of RMB 50,000 after depreciation), etc. ) The original collective economic advertising production department of Xiaohegou Village was purchased through negotiation among the four parties. As Party A has been in business for many years, all the initial investment is contributed by Party A. When Party B joins the partnership, it is required to pay 20,000 yuan to Party A as compensation for the contribution of the partnership. This fund belongs to Party A because it was retained by Party A, and it does not belong to the company's property, but all the articles owned by the company belong to the company.

5. Party A shares 25%, Party B shares 25%, Party C shares 25% and Party D shares 25%.

6. After the partnership, the original accounts of the company are zero, and the collective economic advertising production department of Xiaohegou Village must ensure that the company has no debts and no arrears. Re-record the accounts from the date of signing the contract, and all expenses incurred in the course of cooperative operation shall be borne by Party A, Party B, Party C and Party D in proportion to their shares.

8. After the partnership of Party A, Party B, Party C and Party D, the four parties shall jointly operate. If it is necessary to expand business, change office space or increase office equipment, Party A, Party B, Party C and Party D shall make investment in proportion to their shares after negotiation.

9. In the cooperative operation, if it is necessary to hire employees, the salary and bonus distribution of employees shall be proposed by the person in charge of operation and management and approved by the partners.

10, surplus distribution, excluding operating costs, daily expenses, wages, bonuses, taxes, etc. , is the net profit, that is, the partnership income surplus, is the focus of partnership distribution, and will be distributed according to the shares held by partners at the end of the year.

1 1. Debt commitment. In case of debts arising from the operation of the partnership, the partnership property shall give priority to the repayment. If the partnership property is insufficient to pay off, it shall be borne in proportion to the shares held by each partner.

This contract is made in duplicate, one for each party, and shall come into effect after being signed. All disputes arising from or related to this agreement shall be settled through negotiation between the partners.

Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _

Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Partner agreement of the operating company 4 Party A: _ _ _ _ _ _ _ _ _ _ _ _ _

Address: _ _ _ _ _ _ _ _

Party B: _ _ _ _ _ _ _

Address: _ _ _ _ _ _ _ _

Id card: _ _ _ _ _ _ _ _

Based on the principle of mutual benefit and common development, Party A and Party B, through friendly negotiation, decided to make full use of their respective advantages, realize complementary resources and jointly carry out hotel management and brand joining projects in _ _ _ _. This agreement is hereby signed.

Rule number one. Development project and scope

According to Party A's requirements, develop hotel client custody and join _ _ _ _ _ _ _ _ _.

Article 2. Cooperation clause

From _ _ _ _ _ _ _ _ _ _ _ _ to _ _ _ _ _ _ _ _ _ _ _.

Article 3. approaches to cooperation

1. Both parties shall bear the cost of the development project.

2. Party B's foreign project negotiation is conducted in the name of Party A, who provides Party B with a unified business card, and Party B has no right to sign any legally responsible documents on behalf of Party A. ..

Article 4. distribution of profits

1. Definition of profit: management fee income.

2. Distribution method: the profit share of Party A and Party B is _ _ _ _ _.

Article 5, Immunity

If the project is terminated due to third party reasons or irresistible factors, Party A and Party B shall not bear legal responsibilities.

Article 6. responsibility for breach of contract

Party A and Party B each undertake the cooperation task. If either party breaches the contract, causing economic loss or nominal damage to the other party, the breaching party shall bear all the compensation responsibilities.

Article 7. Termination notice

Either party has the right to terminate this agreement without giving reasons, but it shall notify the other party _ _ _ _ working days in advance.

Article 8. Privacy Policy

Regarding this cooperation, all the information provided by Party A and Party B can only be used for this business, and both parties should regard the information provided by the other party as confidential documents.

Article 9. transparency

During the specific cooperation project, all exchanges, dialogues, agreements, transactions, etc. It must be carried out by both parties or with the knowledge of the other party. Without the knowledge of the other party, neither party may independently sign any agreement and conclude any transaction.

Article 10, other

Matters not covered herein shall be settled through negotiation between this Agreement and Party A and Party B..

Article 11 take effect

This agreement is made in duplicate, one for each party, and shall come into effect after being signed by both parties. ..

Party A: _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party B.

Managing Director: _ _ _ _ _ _ _ Signature of Party B: _ _ _ _ _ _ _ _ _ _ _

Address: _ _ _ _ _ _ _ _ ID card: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Partner agreement of the operating company 5 Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Party B: _ _ _ _ _ _ _

Through friendly negotiation, Party A and Party B have reached the following cooperation agreement:

Article 1 The name and main business place of the cooperative project: _ _ _ _ _ _ _ _ _ _ _ _.

Article 2 Project and scope of cooperative operation: _ _ _ _ _ _ _ _ _ _ _ _.

Article 3 Term of cooperation: from _ _ _ _ _ _ _.

Article 4 Mode of cooperation: Party A agrees that Party B will pay the corresponding technology to the sold shares in the form of technology shares.

Article 5 Profit distribution: The total profit at the end of this plan shall be distributed according to the proportion of shares; The total profit at the end of the second scheme is distributed according to the shareholding ratio.

Article 6 Access, withdrawal and transfer of capital contributions.

(1).

1. The joining of new partners must be approved by both partners;

2. Acknowledge and sign this cooperation agreement;

(2) Quit.

1. Voluntary withdrawal. During the term of operation, a partner may withdraw from the partnership under any of the following circumstances:

(a) the reasons for quitting the partnership agreed in the cooperation agreement appear;

(2) Withdrawing from the partnership with the consent of both partners;

③ It is difficult for cooperators to continue to participate in cooperation.

If the term of operation of a partner is not stipulated in the cooperation agreement, the partner may withdraw from the partnership without affecting the execution of other partners, but shall notify the other partners _ _ _ days in advance. If a partner withdraws from the partnership without authorization and causes losses to the cooperation, he shall compensate for the losses.

2. Quit. Under any of the following circumstances, the partner may be removed by resolution with the unanimous consent of other partners:

① Failure to perform technical support obligations;

(2) Causing losses to the other party due to intentional or gross negligence;

③ Other reasons stipulated in the cooperation agreement.

The resolution on the removal of a partner shall be notified in writing to the removed celebrity. The removed celebrity shall take effect from the date of receiving the notice of removal, and the removed celebrity shall withdraw from the partnership. Unless the celebrity disagrees with the delisting resolution, he may bring a lawsuit to the people's court within _ _ _ _ days from the date of receiving the delisting notice.

After the partner withdraws from the partnership, the other partners and the quitter shall be liquidated according to the property distribution during the occupation period.

Article 7 The person in charge of cooperation and the executor of cooperation affairs.

(1) Party A is responsible for business management and financial reasons; Party B is responsible for daily technical support.

Article 8 Rights and obligations of partners.

(1) Rights of partners:

1. The management, decision-making and supervision of cooperative affairs. The cooperative's business activities are decided by the partner * * *, and everyone has the right to vote regardless of the amount of capital contribution.

2. Partners have the right to distribute the benefits of cooperation; The income from cooperation shall be distributed according to the proportion of shares.

3. Partners have the right to quit the partnership.

(2) Obligations of partners:

1. Maintain the unity of the cooperative property according to the cooperation agreement;

2. Debt sharing and cooperative operating losses;

3.* * Be jointly and severally liable for the accident caused by the other party.

Acts prohibited by article 9.

(1) Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of cooperation without permission; Such as technology sharing with competitors.

(2) It is forbidden for the partners to participate in commercial competition through this cooperation.

(3) Unless otherwise agreed in the cooperation agreement or agreed by all partners, the partners shall not conduct transactions with this cooperation.

(4) Partners shall not engage in activities that harm their interests.

Article 10 Continuation of cooperative business.

(1) In case of withdrawing from the partnership, the remaining partners have the right to continue to operate the original business in the name of the original enterprise, and they can also select and recruit new partners to join the partnership.

Article 11 Termination and liquidation of cooperation.

(1) The cooperation is terminated due to the following circumstances:

1. The cooperation period expires;

2. All partners agree to terminate the cooperative relationship;

3. The cooperation transaction is completed or cannot be completed;

4. Other reasons for the dissolution of the contractual joint venture as stipulated by laws and administrative regulations.

(2) Cooperative liquidation:

1. After the dissolution of the cooperative, it shall conduct liquidation and notify the creditors.

2. If there is any surplus after settlement, it shall be distributed according to the method in Paragraph 1 of Article 5 of this Agreement.

3. If the cooperation suffers losses during the liquidation period and the cooperation property is insufficient to pay off, it shall be handled in accordance with the second paragraph of Article 5 of this Agreement. Each partner shall bear unlimited joint and several liability, and if the amount paid by the partner exceeds the amount due to joint and several liability, the partner shall have the right to recover from other partners.

Article 12 Liability for breach of contract.

(1) If a partner fails to pay the capital contribution in full and on time, it shall compensate for the losses caused to other partners; If _ _ _ _ fails to pay the capital contribution in full, it will be treated as withdrawal.

(2) If a partner transfers his share of property without the unanimous consent of the other partners, and 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 suffered as a result.

(3) If a partner pledges his share of property in the joint venture without permission, his behavior is invalid, otherwise it will be treated as withdrawal; If losses are caused to other partners, they shall be liable for compensation.

(4) If a partner violates the provisions of Article 9, he shall be compensated according to the actual loss of cooperation, so as to dissuade those who don't listen, and all partners may decide to be removed.

Article 13 settlement of contract disputes.

All disputes arising from or related to this agreement shall be settled by the partners through consultation. If negotiation fails, it shall be submitted and binding on all parties.

Article 14 Others.

Party A (signature): _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Phone number: _ _ _ _ _ _ _ _ _ _ Phone number: _ _ _ _ _ _ _ _ _ _ _ Phone number: _ _ _ _ _ _ _ _ _ _ _ Phone number

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.