Simple catering partnership agreement model
In today's society, there are more and more places where agreements are used. After signing the agreements, there are laws to follow and evidence to be found. How is the general agreement drafted? The following is a simple sample catering partnership agreement I compiled. Welcome to read and collect it.
Simple Catering Partnership Agreement 1
Party A:
Party B:
Party C:
The above parties * * * and the investor (hereinafter referred to as "the * * * investor") have made friendly consultations, and in accordance with the provisions of Chinese laws and regulations, the two parties have jointly invested in the restaurant project on the principle of mutual benefit.
Article 1 * * * Agree with the investor's investment amount and mode
Party A, Party B and Party C agree to invest in the establishment of a restaurant. The contributions made by each party are: Party A's contribution, accounting for% of the total contribution; Contribution made by Party B, accounting for% of the total contribution; The contribution made by Party C accounts for% of the total contribution. Each investor shall remit the above-mentioned capital contribution to the designated bank before.
Article 2 Mode of operation of the restaurant
All investors * * * are entrusted to handle the industrial and commercial registration, and the registration type is individual industrial and commercial households, and they agree to register as the head of the household. A shareholders' meeting, a board of directors and a board of supervisors are set up in the restaurant, and all investors exercise their rights and perform their obligations according to the proportion of capital contribution, investment agreement and articles of association.
Article 3 Profit Sharing and Loss Sharing
1. The profits generated by the execution of the * * * joint investment firm shall be owned by all * * * joint investors, and * * * joint investors shall share the profits of * * joint investment according to the proportion of their capital contribution to the total capital contribution.
2. Losses or civil liabilities arising from investment firms shall be borne by * * * and investors in proportion to their capital contribution.
3. the investor has the right to recover from the rest of the investors for the part that exceeds his due responsibility because he is registered as the head of individual industrial and commercial households. The remaining investors have the obligation to bear the responsibility for the excess according to their respective investment proportions.
in addition, through consultation among all investors, it is agreed to give 5% of the investment share of the restaurant as a performance share to; Enjoy the corresponding rights with this share. Through consultation among all investors, it is agreed that 5% of the investment share of the restaurant will be presented to as performance shares, and the corresponding rights will be enjoyed by virtue of this share.
Article 4 Transaction Execution
1.*** The investor entrusts all * * investors to execute the affairs of the restaurant establishment stage, including all but not limited to representing all * * * investors, and performing registration and filing procedures with the industrial and commercial department in the name of the head of individual industrial and commercial households;
2. Other investors have the right to check the implementation of daily affairs, and are obliged to report the operating status and financial status of * * * with the investment to other investors;
3. If other investors suffer losses due to their negligence or non-compliance with this agreement during the execution of affairs, they shall be liable for compensation;
4.*** The same investor may object to the execution of the same investment affairs. When an objection is raised, the execution of the transaction shall be suspended. In case of dispute, it shall be decided by all the investors.
article 5 investment and transfer of investment
1. during the existence of the restaurant, if a person other than the investor wishes to invest in the restaurant, it must be approved by all the investors.
2.*** When transferring all or part of its investment in * * * with investors to people other than * * * with investors, all * * with investors must agree; Shareholders who do not agree to the transfer shall purchase the transferred capital contribution. If they do not purchase the transferred capital contribution, they shall be deemed to agree to the transfer.
3. When transferring all or part of the investment amount in * * * with investors, it shall notify other * * * with investors;
4.*** If the same investor transfers its capital contribution in accordance with the law, other * * * same investors have the priority to be transferred under the same conditions.
5. As the sole investor registered in the industrial and commercial sector, make a commitment to other investors who are not registered in the industrial and commercial sector: they cannot unilaterally transfer all or part of their assets or rights without the written consent of other investors; Otherwise, in addition to returning assets and compensating losses to other investors, it is also necessary to bear relevant criminal and civil liabilities for encroaching on assets of other investors.
article 6 liability for breach of contract
1. all investors shall abide by this agreement and shall not breach it, otherwise they shall be liable for breach of contract to the observant party.
2. if either party fails to make capital contribution on time, it shall bear all legal consequences arising from the delay in capital contribution, and at the same time bear the operating loss of RMB/day to the observant party.
3. if either party delays the investment for more than 3 months, which leads to difficulties in production and operation, or either party explicitly indicates that it will no longer contribute or fails to perform its investment obligations by behavior, the breaching party shall bear all economic responsibilities and 21% of the delayed investment amount as penalty to each observant party.
Article 7 Others
1. When the restaurant cannot be established, the debts and expenses arising from the establishment shall be shared according to the proportion of the investment of each investor.
2. for matters not covered in this agreement, * * shall sign a supplementary agreement separately after reaching consensus with investors. If no consensus can be reached, either party has the right to bring a lawsuit to the court where the restaurant is located.
3. this agreement is made in duplicate, one for each investor. It will take effect after all investors sign and seal it.
party a:
party b:
____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ In line with the principles of voluntariness, fairness, equality and mutual benefit, the following partnership agreements are concluded:
Article 1 Partnership purpose: to provide healthy, green and cheap diets for consumers.
article 2 partnership name: (to be determined)
business address: across from the armed forces department of yuyi road, qufu city
article 3 partnership project and scope: special comprehensive catering, including tobacco and alcohol sales.
article 4 partnership term: from may 1, 21xx to may 1, 21xx.
Article 5 Amount, Method and Duration of Contribution
1. Party A (name) contributes in cash, accounting for% of the total contribution;
Party B (name) contributes in cash, accounting for% of the total contribution;
Party C (name) contributes in cash, accounting for% of the total contribution;
2. The capital contribution of each partner shall be paid in full before the date of, and shall be kept by Party A, the person in charge of the partnership, for the investment of the partnership hotel. Other partners have the right to supervise and verify.
4. Party A and Party B promise that the third-party partner has the right to withdraw its shares after 6 months of capital contribution, and Party A and Party B will jointly acquire their shares.
article 6 earnings distribution and debt commitment
1. earnings distribution: income excluding operating costs, daily expenses, wages, bonuses and taxes to be paid is net profit, that is, cooperative income-generating surplus, which is the focus of cooperative distribution, and will be distributed according to the investment proportion of partners and paid every three months.
2. Debt commitment: If debts arise in the course of partnership operation, and the investment project cannot continue to operate due to poor management or other reasons, after the project is transferred, the corresponding creditor's rights and debts shall be assumed in proportion based on the capital contribution of each partner.
article 7 operation management and personnel management
1. all partners decide to entrust party a as the person in charge of the partnership, and party a shall conduct all-round operation and management of the restaurant on behalf of all parties, and other parties shall have the right to supervise the operation behavior of party a, but shall not interfere with the operation and management of party a. In case of differences, all partners shall settle them through consultation.
2. party a has the right to manage the personnel required for the operation of the restaurant, and other parties will not manage it any more.
Article 6 Transfer of capital contribution, withdrawal of capital contribution
(1) Capital contribution
1. The capital contribution of a new partner must be approved by Party A;
2. The new partner must acknowledge and sign this cooperation agreement;
3. Unless otherwise agreed in the capital contribution agreement, the new partner with capital contribution enjoys the same rights and assumes the same responsibilities as the original partner; The new partner who has invested shall be jointly and severally liable for the debts of the cooperative enterprise before investing.
(II) Withdrawal of capital
During the operation period, with the written consent of Party A, the partner may withdraw his capital. If the partner withdraws his capital without authorization and causes losses to the cooperation, he shall compensate all the losses of the other partners.
(III) Transfer of capital contribution
With the written consent of all partners, the partner may transfer all or part of his property share in the cooperation. Under the same conditions, other partners have the priority to be assigned. If it is transferred to a third party other than the partner, the third party shall treat it as a new investment, otherwise it shall treat the transferor as a refund. If a third party other than the partner receives the share of the property of the cooperative enterprise, it will become a partner of the cooperative enterprise after the modification of the cooperation agreement.
Article 7 Rights and Obligations of the Partner
(1) Rights of the Partner:
1. The decision-making power, supervision power, specific business activities and important matters of the cooperative affairs shall be decided by the partners A, B and C;
2. Partners have the right to distribute cooperative benefits;
3. The partners shall distribute the cooperative benefits in proportion to the capital contribution, and the property accumulated by the cooperative operation shall be owned by the partners.
(II) Obligations of the partners:
1. Maintain the unity of the partnership property according to the cooperation agreement;
2. Debt to share the operating losses of the cooperation;
3. assume joint and several liabilities for cooperative debts.
article 14 settlement of disputes by agreement
all disputes arising from or in connection with this agreement shall be negotiated by the partners. if negotiation fails, they shall be submitted to the (local) arbitration commission for arbitration.
Article 15 Others
(1) Upon consensus through consultation, 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) this agreement is in duplicate, each partner holds one copy.
(3) this agreement shall come into effect after being signed and sealed by the partners.
partner's signature and seal office:
Party A: _ _ _ _ _ _ Party B: _ _ _ _ _
Party C: _ _ _ _ _ _ _ Party D: _ _ _ _ _ _
Signing date: _ _ _ _ _. Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Id number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Id number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
article 3, partnership project and scope
located at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 4. The partnership term
starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
article 5: amount, mode and duration of capital contribution
(1) the partner _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ holds *% of the shares of the company (other partners are listed in the same order as above)
Partner _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ holds *% of the shares of the company (other partners are listed in the same order as above)
(ii) The capital contribution of each partner shall be paid in full before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(iii) The investment made by this partnership is RMB _ _ _ _ _ _ _ _. During the partnership, the capital contribution of each partner is * * * property, and it is not allowed to ask
for division at will. After the termination of the partnership, each partner's capital contribution is still owned by the individual and will be returned at that time.
Article 6, Earnings Distribution and Debt Undertaking
All partners * * * operate together, * * * work together, * * * take risks, and * * * lose profits and losses.
(1) surplus distribution: based on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Distribute once every quarter.
(2) Debt commitment: the partnership debt shall be repaid with the partnership property first. If the partnership property is insufficient to pay off, it shall be borne in proportion on the basis of _ _ _ _ _ _ _ _ _ _.
(Special note: the surplus distribution and debt commitment can be agreed according to each partner's respective investment or equal distribution. If there is no agreement on the proportion of sharing, the partners shall share it according to the investment. After any party repays externally, the other party shall pay off its share to the other party within 11 days in proportion. )
article 7, admission, withdrawal and transfer of capital contribution
unless otherwise stipulated 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.
(1) voluntary withdrawal. During the term of operation of the partnership, the partners may withdraw from the partnership under any of the following circumstances: 1. It is difficult for the partners to continue to participate in the partnership.
if the partnership agreement does not stipulate the operating period of the partnership enterprise, the partners will not give the partnership.