Partner (Party A): surname, date of birth and address.
ID number:
Partner (Party B): Last name, date of birth and address.
ID number:
Whereas, all parties agree that * * * will jointly invest in the operation of catering brands. In order to clarify the rights and obligations of all parties, several parties sign the following partnership agreement on the principles of fairness, equality and mutual benefit:
Article 1 The business purpose of catering:
Article 2 Partnership project, store name and main business address:
Article 3 Term of partnership. From June 2009 to * * *.
Article 4 The amount, mode and duration of capital contribution.
The monetary contribution of the partners is RMB yuan.
The monetary contribution of the partners is RMB yuan.
The contribution of this partnership is RMB * * *. During the partnership, the capital contribution of each partner is * * * property, and it is not allowed to ask for division or recovery at will.
Article 5 surplus distribution and debt commitment.
All partners * * * operate together, * * * work together, * * * take risks, and * * * be responsible for their own profits and losses.
1, surplus distribution: based on the amount of capital contribution, it is distributed according to the proportion of capital contribution.
2. Debt commitment: the debts in the course of operation shall be paid off with the partnership property first, and when the partnership property is insufficient to pay off, the partners shall jointly bear it. After any party repays externally, the other parties shall pay off their shares to the other party in proportion to their capital contribution within 10 days.
Article 6 Access, withdrawal and transfer of capital contributions.
(1).
1. The joining of new partners must be agreed by both partners;
2. Acknowledge and sign this cooperation agreement;
3. Unless otherwise agreed in the occupation agreement, the new partner enjoys the same rights and assumes the same responsibilities as the original partner. The new partner shall be jointly and severally liable for the debts of the partnership before joining the partnership.
(2) Quit the partnership
During the operation of the partnership, the partners may withdraw from the partnership under any of the following circumstances:
1. Reasons for withdrawing from the partnership agreement appear;
2. Withdraw from the partnership with the consent of other partners;
It is difficult for partners to continue to participate in the partnership.
If a partner withdraws from the partnership without authorization and causes losses to the partnership of other partners, it shall compensate for the losses.
After a partner withdraws from the partnership, a number of partners and quitters shall conduct liquidation according to the property status of the partnership at the time of withdrawal.
(3) Transfer of capital contribution.
Allow partners to transfer all or part of their property shares in the partnership to other partners. Without the consent of all the partners, the shares of the partnership enterprise shall not be transferred to anyone other than the partners. If the other partners do not agree to accept the transfer of shares, they shall withdraw from the partnership for settlement.
Article 7 The person in charge of a partnership and the execution of partnership affairs.
Several partners were elected as the heads of the partnership. As the person in charge of the business license.
Select several partners to be responsible for the finance of the partnership store.
Select several partners to be responsible for the operation of the partnership store.
Several partners * * * agree to formulate separate rules of procedure on major issues of the partnership store, which will be signed by several parties.
Article 8 Rights and obligations of partners.
(1) Rights of partners:
1. The management, decision and supervision of partnership affairs, and the business activities of the partnership are decided by the partners * * *;
2. Partners have the right to distribute the benefits of the partnership;
3. Partners shall distribute the benefits of the partnership according to the proportion of capital contribution, and the property accumulated by the partnership shall be owned by the partners.
4. Partners have the right to quit.
(2) Obligations of partners:
1. Maintain the unity of partnership property according to the partnership agreement;
2. Share the debts of the operating losses of the partnership;
3. Be jointly and severally liable for the partnership debts.
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 the partnership without permission; If the profits from its operation belong to a partnership, it shall compensate for the losses according to the actual losses.
(two) prohibit partners from participating in the business that competes with the partnership;
(3) Unless otherwise agreed in the partnership agreement or agreed by other partners, partners may not conduct transactions with the partnership.
(4) Partners shall not engage in activities that harm the interests of the partnership.
Article 10 Continued operation of a partnership enterprise.
(1) If one party withdraws from the partnership, the partners of other parties have the right to continue to operate the original business under the original enterprise name.
(2) If a partner is unable to continue to operate due to other objective circumstances, his property may be paid off according to the written authorization or legal choice of the partner, and other partners may continue to operate; With the consent of other partners, they can also accept their designated immediate family members and spouses as new partners to continue their business.
Article 11 Termination and liquidation of partnership enterprises.
(1) The partnership enterprise is dissolved for the following reasons:
1. The partnership term expires;
2. Both partners agree to terminate the partnership;
3. The partnership affairs have been completed or cannot be completed;
4. Being revoked according to law;
5. Other reasons for the dissolution of the partnership as stipulated by laws and administrative regulations.
(2) liquidation of the partnership enterprise:
1. After the partnership is dissolved, it shall be liquidated and notify the creditors.
2. The liquidator shall be a partner of both parties.
3. If there is any surplus after settlement, it shall be distributed according to the investment proportion agreed in this agreement.
4. When the partnership enterprise suffers losses and the property of the partnership enterprise is insufficient to pay off, each partner shall bear unlimited joint and several liabilities. If the amount paid off exceeds its due amount, the partner shall have the right to recover from other partners.
Article 12 Liability for breach of contract.
(1) If the partner fails to make capital contribution in accordance with this agreement, it shall compensate the other partners for the losses suffered as a result.
(2) If a partner transfers his share of property without the consent of other partners, it may be regarded as withdrawal from the partnership, and the transferor shall compensate the other partners for the losses incurred.
(3) If a partner pledges his share of property in the partnership enterprise without authorization, 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 seriously violates this Agreement or the partnership store is dissolved due to gross negligence or illegal acts, he shall be liable for compensation to other partners.
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, a lawsuit can be brought to the People's Court of Tianxin District, Changsha.
Article 14 Others.
(1) Upon consensus, the partners may modify this agreement or supplement matters not covered; If there is any conflict between the supplementary and modified contents and this Agreement, the supplementary and modified contents shall prevail.
(2) This agreement specifies that the store shall be operated in partnership, a management consulting agreement shall be concluded with the company, and the company shall be entrusted to provide management consulting services, human resource dispatch and financial management, and the trademark license of the company shall be obtained, and relevant expenses shall be paid.
(3) The partnership store as stipulated in this agreement shall bear civil liabilities to individual industrial and commercial households externally, and the responsibilities, rights and obligations of each partner shall be determined internally according to this agreement.
(4) This contract is made in quintuplicate, with each party holding one copy.
(V) This contract shall come into effect after being signed by both parties.
Partner:
Signature time: