The simplest model of partnership contract (5 selected articles)
In a society where people pay more and more attention to the law, contracts help us more and more, and they coordinate the relationship between people and things. So what problems should we pay attention to when drawing up the contract? The following is the simplest model of partnership contract (5 selected articles) that I have carefully compiled. I welcome you to learn from it and hope it will help you.
The simplest partnership contract 1
Partner (Party A): Last name: ID number:
Partner (Party B): Last name: ID number:
Partner (Party C): Last name: ID number:
Whereas, several parties agree to jointly invest in operating the xxx distribution supermarket in Xiangyin County, for the sake of clarity.
article 2 name of the partnership project: xxxxx supermarket in xiangyin, and its main business address is xxxxx in xiangyin county. Business items: seafood distribution and seafood supply.
article 3 term of partnership. From March 11, 21xx,
Article 4 Amount and method of contribution;
The average contribution of the three partners is RMB 196,215.11 Yuan, which is RMB 588,645.11 Yuan as the expenses for renting the house, purchasing equipment and facilities, decorating the facade and operating in the early stage. During the partnership period, the capital contribution of each partner is * * * property, and it is not allowed to request division or recovery at will.
article 5 surplus distribution and debt commitment.
all partners * * * operate together, * * * work together, * * * take risks, and * * * lose profits and losses.
1. surplus distribution: based on 1/3 of the capital contribution, it is distributed equally.
2. Debt commitment: the debts in the course of operation shall be repaid with the partnership property first, and when the partnership property is insufficient to pay off, the partners shall bear the debts together. After either party makes repayment, the other parties shall pay off their share of the investment to the other party within 11 days.
article 6 entry, exit and transfer of capital contribution.
(1) Occupation.
1. In principle, new partners are not allowed to join the partnership; Under special circumstances, the admission of new partners must be approved by all the original partners;
2. acknowledge and sign this partnership agreement;
3. Unless otherwise agreed in the admission agreement, the new partner who joins the partnership enjoys the same rights and assumes the same responsibilities as the original partner. The new partner who joins the partnership shall be jointly and severally liable for the debts of the partnership before joining the partnership.
(II) Withdrawing from the partnership
During the operation period of the partnership, a partner 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;
3. It is difficult for partners to continue to participate in the partnership.
if one partner withdraws from the partnership without authorization and causes losses to other partners, it shall compensate for the losses.
if one partner violates national laws and regulations and causes losses to other partners, it shall compensate for the losses.
after a partner quits the partnership, several partners and the quitter shall settle accounts according to the property status of the partnership at the time of quitting the partnership.
(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 partners, the partnership shares shall not be transferred to anyone other than the partners. If the other partners do not agree to accept the transferred shares, the settlement shall be made by withdrawing from the partnership.
article 7 the person in charge of the partnership and the execution of the partnership affairs.
several partners * * * were elected as the person in charge of the partnership. Take as the person in charge of the business license (that is, the legal representative).
several partners agree that a financial accountant will be appointed as the partnership store. Several partners agreed to be appointed as the financial teller of the partnership store. Several partners agreed to be arranged as a cashier at the front desk of the partnership store. Several partners * * * discuss major issues of the partnership store with each other and implement them after all partners agree; Rules of procedure shall be formulated separately and signed by several parties.
article 8 rights and obligations of partners.
(1) Rights of partners:
1. Partners have the right to manage, decide and supervise affairs, and the business activities of the partnership are decided by the person in charge of the partnership;
2. Partners have the right to distribute the benefits of the partnership;
3. Partners shall distribute the partnership benefits in proportion to the capital contribution, and the property accumulated in the partnership operation shall be owned by the partners.
4. Partners have the right to quit.
(II) Obligations of partners:
1. Maintain the unity of partnership property according to the partnership agreement;
2. Share the debts of the partnership. Operating losses;
3. Take joint and several liabilities for the partnership debts.
article 9 prohibited behavior.
(1) Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of partnership without permission; If the profits from its business belong to the partnership, if the losses caused by its business are compensated according to the actual losses.
(2) prohibiting partners from participating in the business competing with this partnership in this area;
(3) Unless otherwise agreed in the partnership agreement or agreed by other partners, partners may not conduct transactions with this partnership.
(4) Partners shall not engage in activities that harm the interests of the partnership.
article 11 continuation of partnership business.
(1) In case one party withdraws from the partnership, the partners of the other parties have the right to continue to operate the original business under the original enterprise name.
(2) If a partner cannot continue to operate due to other objective circumstances, his property can be settled according to the written authorization or legal choice of the partner, and other partners can 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.
(1) The partnership is dissolved due to the following circumstances:
1. The partners agree to terminate the partnership;
2. The partnership affairs have been completed or cannot be completed;
3. It is revoked according to law;
4. There are other reasons for the dissolution of the partnership as stipulated by laws and administrative regulations.
(2) liquidation of the partnership:
1. After the dissolution of the partnership, liquidation shall be conducted and the creditors shall be notified.
2. The liquidator shall be the 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. If the partnership suffers losses during liquidation and the partnership property is insufficient to pay off, each partner shall bear unlimited joint and several liability, and if the amount paid off exceeds the amount it should bear, the partner shall have the right to recover from other partners.
article 12 liability for breach of contract.
(1) if a partner fails to make capital contribution according to this agreement, it shall compensate the losses caused to other partners.
(2) if a partner transfers his share of property without the consent of other partners, it may be treated as quitting the partnership, and the transferor shall compensate the other partners for the losses caused thereby.
(3) if a partner pledges his property or his share of property in the partnership enterprise without permission (that is, as a guarantee or mortgage),-3-
his behavior is invalid, or he will be treated as withdrawing from the partnership; 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 violation of the law, it shall be liable for compensation to other partners.
article 13 contract dispute settlement methods.
all disputes arising from or in connection with this agreement shall be negotiated between the partners. If negotiation fails, the partners may bring a lawsuit to the local people's court.
article 14 others.
(1) Upon consensus, the partners may modify this Agreement or supplement matters not covered; In case of any conflict between the supplementary and revised contents and this Agreement, the supplementary and revised contents shall prevail.
(2) The partnership stores specified in this agreement shall bear civil liabilities for individual industrial and commercial households externally, and the responsibilities, rights and obligations of each partner shall be determined internally according to this agreement.
(iii) this contract is made in triplicate, with each partner holding one copy.
(iv) this contract shall come into effect after being signed by both partners.
Partner:
Partner (Party A): Last name:
Partner (Party B): Last name:
Partner (Party C): Last name:
Signing date: May 8, 21xx The simplest partnership contract 2
Party A: _ _ _ _ _ _. Party b: _ _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
After careful consideration and full consultation, Party A and Party B have decided to run a pet store in partnership. The partnership agreement is as follows:
Article 1 Project and scope of partnership
Party A and Party B temporarily * * lease the store located in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Business scope: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
article 2 duration of the partnership
the duration of the partnership is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. After the expiration of the partnership, the partnership can be terminated or continued with the consent of both parties.
Article 3 Distribution of shares, capital contribution, creditor's rights, debts and profits
1. Party A and Party B each hold _ _ _ _ _% of the shares in the store, and the investment, creditor's rights, debts and profits of the store shall be borne or distributed according to the principle of 1: 1.
2. various investments in the lease, decoration and purchase of the store in the early stage (as of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _), * * RMB _ _ _ _. In the later period, if it is necessary to continue to invest in expanding the scale of operation, improving the image or mode of operation of the store, increasing the scope of operation, enhancing the influence of the industry, etc., it must be agreed by both parties, and both parties will still invest 1: 1.
3. Both Party A and Party B * * * operate together, * * * work together, * * * take risks, and * * * lose profits and losses. During the partnership period, the store funds, store goods, creditor's rights and debts, and current accounts are all owned by * * *, and neither party may withdraw or divide them at will. The operating accounts shall be protected and managed by both parties.
4. after the store achieves profit, in principle, it will settle the profit on a monthly basis, and both parties will collect the operating profit in proportion. In addition, when the store's account balance and cash reach 21,111 (that is, when the account balance+cash is more than or equal to 21,111), either Party A or Party B may propose to distribute profits, provided that the necessary funds for continued operation are retained.
article 4 admission, withdrawal and transfer of capital contribution
1. admission: after the signing of this agreement, new members are allowed to join, but the following three conditions must be met:
① recognition of this agreement;
② All partners must agree unanimously;
③ sign a new agreement and implement the rights and obligations stipulated in the agreement.
2. Quit the partnership:
① Quit the partnership only if there are justified reasons;
② Do not quit the partnership when the partnership is unfavorable;
③ Party A and Party B shall agree unanimously before quitting the partnership, and the partner shall be informed one month in advance;
④ after quitting the partnership, the settlement shall be made according to the property status at the time of quitting the partnership, and no matter how the capital contribution is made, it shall be settled in money;
⑤ If the partner withdraws from the partnership without the consent of the partner, which causes losses to the partnership, compensation shall be made.
3. Transfer of capital contribution: Partners are allowed to transfer their own capital contribution. At the time of transfer, the partners have the priority to be transferred. If a third party other than the partners is transferred, the third party will be treated as joining in, otherwise the transferor will be treated as withdrawing from the partnership.
Article 5 Rights of Partners
Both Party A and Party B are jointly responsible for the operation. Including:
1. Conduct business abroad and conclude business contracts and agreements;
2. Conduct daily management of the partnership matters, and * * * decide the partnership matters together;
3. Sell the products (goods) of the partnership and buy common goods;
4. collect and pay debts in operation;
5. distribute profits.
Article 6 Prohibited Acts
1. Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of partnership without permission; If the profits from its business belong to the partnership, the losses caused shall be compensated according to the actual losses.
2. It is forbidden for partners to engage in business that competes with this partnership privately and win benefits. It is forbidden for any partner to open another store dealing in pets and pet products within the scope of Lead Mountain County (including running the same store in partnership with others). In case of violation of this article, the other party may ask the other party to quit the partnership and get more than 31% of the total assets of the store.
Article 7 Termination of the partnership and matters after termination
1. The partnership may be terminated for one of the following reasons:
① The partnership term expires;
② All partners agree to terminate the partnership;
③ the partnership is completed or cannot be completed;
④ the partnership is revoked in violation of the law;
⑤ The court decided to dissolve the case at the request of the parties concerned.
2. Matters after the termination of the partnership:
① Recommend intermediaries recognized by both parties to participate in the liquidation;
② If there is surplus after liquidation, it shall be carried out in the order of collecting creditor's rights, paying off debts, returning capital contribution and distributing surplus property in proportion. 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;
③ if there is any loss after liquidation, no matter how much the partners have contributed, they shall first repay it with the partnership property, and the part of the partnership property that is insufficient to pay off shall be borne by the partners in proportion to their contribution.
article 8 settlement of disputes
in case of disputes between partners, they shall negotiate with each other and settle them on the principle of being conducive to the development of the partnership. If negotiation fails, the parties agree to apply to the court for arbitration.
article 9 this agreement is made in duplicate, each of which holds one copy.
it will take effect after signing.
party a (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ party b (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.