In today's society, various agreements appear frequently, and signing agreements can protect their legal rights to the greatest extent. I believe many friends are very upset about the proposed agreement. The following is the restaurant shareholding agreement I collected for you, for reference only, hoping to help you. Agreement on the shareholding of the restaurant 1
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The _ _ _ _ _ _ _ _ transfer agreement is reached as follows:
Article 1 On the premise of friendly negotiation, in order to better operate and manage, Party A transfers _ _ _ _ _ _ _ _ _ _ to Party B, including all listed fixed assets and all intangible assets (the detailed list is appended), with a total amount of RMB _ _ _ _ _.
article 2 from the effective date of signing this agreement, party b will pay party a RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ All related expenses before shall be settled by Party A..
article 3: after _ _ _ _ _ _ _ _ months, all management rights shall belong to party b, and party a shall assist party b in a smooth transition, and at the same time, party b shall recognize the contract or oral contract signed by party a; For the disputed or disputed issues, both parties shall amicably coordinate with the contracting parties to solve the shareholding cooperation agreement on the basis of mutual respect and understanding.
article 4 after party a completes the transfer and change procedures, and party b (or party b's representative) is the legal person and person in charge, party b must pay RMB _ _ _ _ _ _ _ (in words _ _ _ _ _ _ _ _ _) to party a, and the balance of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 5 Representations and Warranties
5.1 Representations and Warranties of Party A
(1) It is a legally established and effectively existing company;
(2) it has the right to conduct the acts specified in this agreement and has taken all necessary actions to authorize the signing and performance of this agreement;
(3) This Agreement shall be binding on it from the date of signing
5.2 Party B's representations and warranties
(1) It has the right to conduct the acts specified in this Agreement and has taken all necessary actions to authorize the signing and performance of this Agreement;
(2) this agreement constitutes a binding obligation for it from the date of signing.
article 6 liability for breach of contract
6.1 liability of party a
(1) if party a fails to perform its obligations under this agreement, it shall bear a fine of _ _ _ _ _ _ _ _ _ yuan to party b and continue to fulfill its obligations under this agreement.
(2) if party a violates its statements, warranties or other obligations in this agreement, thus causing losses to party b, party b has the right to demand compensation from party a.
6.2 party b's responsibilities
(1) if party b violates this agreement, party a may terminate the agreement and require party b to bear liquidated damages of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) if party b violates its statements, warranties or other obligations in this agreement, thus causing losses to party a, party a has the right to demand compensation from party b.
Article 7 Confidentiality
One party has the obligation to keep confidential the trade secrets of the other party obtained as a result of this transfer agreement, and shall not disclose them to other relevant third parties, except as otherwise provided by the existing laws and regulations of China or with the written consent of the other party.
article 8 supplements and changes
this agreement can be modified or supplemented in writing according to the opinions of all parties, and the supplementary agreement formed therefrom has the same legal effect as the agreement.
article 9 annexes to the agreement
9.1 annexes to this agreement include but are not limited to: modification, supplement and change agreements signed by all parties related to the performance of this agreement; Copy of Party A's business license, copy of Party B's ID card and relevant legal documents;
9.2 if any party violates the relevant provisions in the annex to this agreement, it shall bear legal liabilities in accordance with the provisions on liability for breach of contract in this agreement.
Article 11 Force Majeure
Either party shall notify the other party of the event in writing within three days from the date of the force majeure event, and submit to the other party the certificate that caused the failure or delay of performance in whole or in part within thirty days from the date of the event.
article 11 settlement of disputes
this agreement shall be governed by the relevant laws of the people's Republic of China.
in case of any dispute between the parties to this agreement on the interpretation or performance of relevant provisions of this agreement, it shall be settled through friendly negotiation. If no written agreement is reached through negotiation, either party has the right to bring a lawsuit to the people's court with jurisdiction.
reservation of rights in article 12
the failure of either party to exercise its rights or take any action on the other party's breach of contract shall not be regarded as a waiver of rights or a waiver of the liability for breach of contract. Any waiver by either party of any right against the other party or any responsibility of the other party shall not be deemed as waiver of any other right or responsibility of the other party. All waivers shall be made in writing.
article 13 subsequent legislation
unless the law itself clearly stipulates, subsequent legislation (legislation after the entry into force of this agreement) or legal changes shall not affect this agreement. The parties shall amend or supplement this agreement through consultation according to subsequent legislation or legal changes, but it shall be in written form.
article 14 notice
14.1 any notice or communication required or allowed by this agreement shall take effect when it is actually received by the notified party, no matter how it is delivered.
14.2 the actual receipt mentioned in the preceding paragraph means that the notice or communication content reaches the legal address or domicile of the addressee (the address listed in this agreement) or the designated mailing address range.
14.3 if one party changes its notice or mailing address, it shall notify the other party of the changed address within three days from the date of change, otherwise the changing party shall bear all the consequences
Interpretation of Article 15 Agreement
The titles of the clauses in this agreement are for convenience only and do not affect the meaning of the clauses to which the titles belong.
article 16 conditions for entry into force
this agreement shall come into force as of the date when the legal representatives of both parties or their authorized agents sign this agreement and affix their official seals. All parties shall affix the seal of riding seam to the original agreement.
this agreement is made in _ _ _ _ _ _ _ _ _ _ _, with the same legal effect. Each party holds one copy, Others used to perform relevant legal procedures
Party A (seal): _ _ _ _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ : _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
party b: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (* * as the same operator)
both parties have fully
ii. Business scope: accommodation, catering and entertainment.
iii. Operating period _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Party B _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
v. Profit distribution and loss sharing The hotel will allocate the original shares at the rate of _ _ _ _ _ _ _ _ ten thousand yuan, and make financial settlement on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
VI. Withdrawal of shares and transfer of capital contribution
(1) Withdrawal of shares:
1. Upon the expiration of the operation period, Party B is unwilling to continue to operate;
2. You can withdraw your shares only if there are justified reasons;
3. Do not withdraw shares under adverse business conditions;
4. After the withdrawal, the settlement shall be made according to the property status at the time of withdrawal, and the capital contribution shall be settled in currency in any way;
5. If the loss is caused to the partnership by withdrawing shares without the consent of the partners, compensation shall be made.
(II) Transfer of capital contribution: Party B is allowed to transfer its own capital contribution, and the partners have the priority to be transferred at the time of transfer. If a third party other than a partner is transferred, the third party will be treated as a shareholder.
VII. Rights of Party A and Party B
1. Party A is the person in charge of the hotel, and its rights and responsibilities are as follows:
① conducting business and concluding contracts;
② daily management and decoration of the hotel;
③____________________________________。
2. Party B's' rights':
① Listen to the report on Party A's business development and check the account books and business conditions;
(2) * * * with the decision on major issues.
VIII. This contract comes into effect after the hotel newspaper is approved by the industrial and commercial authorities and starts to operate.
IX. Matters not covered in this contract shall be decided by both parties through consultation, and the matters decided shall have the same effect as this contract.
X. this agreement is made in _ _ _ _ _ _ _ _ _ _ _, and each shareholder holds one copy.
signature of party a:
signature of party b:
______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3
party a:
id number:
party b:
id number:
Party A and Party B have set up a joint venture. This agreement is signed by the partners of both parties on the basis of equal consultation and mutual benefit and cooperation.
I. Amount of contribution
Contribution by Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Form of contribution: _ _ _ _ _ _ _; Time of contribution: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
contribution of party b: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Form of contribution: _ _ _ _ _ _ _; Time of contribution: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
II. Equity share and dividend distribution
1. Both parties agree that Party A holds _ _ _ _ _% of the shares of the joint-stock company; Party B holds _ _ _ _ _% of the shares;
2. Party A and Party B are entitled to distribute company dividends in proportion to the above-mentioned share shares of the joint-stock company, and the actual amount and proportion of capital invested by both parties shall not be used as the basis for dividend distribution.
3. After the joint-stock company generates profits, Party A and Party B can withdraw the profits that can be shared, and keep the rest as capital. If dividends are invested in the company as working capital, in order to increase the source of funds and expand market share, it must be agreed by both parties and carried out by both parties at the same time.
III. Matters stipulated in the cooperation period
1. Partnership period
The partnership period is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
if the company operates normally and both parties have no intention of quitting, the contract term will be automatically extended.
2. Admission, withdrawal and transfer of capital contribution
(1) Admission:
① This contract needs to be recognized;
② it must be agreed by both parties;
③ implement the rights and obligations stipulated in the contract.
(2) Quitting:
The company is not allowed to quit in normal operation; If you insist on quitting the partnership, the settlement will be made according to the property status at the time of quitting the partnership, and the capital contribution will be settled in cash regardless of the way; Quit according to _ _ _ _% of the investment shares of the quitter.
without the consent of both parties, if one party does not want to continue the partnership, and one party is kicked out, the kicked-out party will be compensated according to _ _ _ _% of the company's current property status when it is forced to quit. If the loss is caused to the partnership by withdrawing from the partnership without the consent of the contractor, compensation shall be made.
(3) Transfer of investment:
Partners are allowed to transfer their own investment. At the time of transfer, the partners have the priority to the transferee. If a third person other than the partner is transferred, the third person will be treated as an entrant, otherwise the transferor will be treated as a quitter
3. Termination of the partnership and matters after termination
(1) The partnership may be terminated for one of the following reasons:
① The partnership period 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 Immediately nominate liquidators and invite _ _ _ _ _ _ _ _ _ intermediaries (or notaries) 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.
4. settlement of disputes
in case of disputes between partners, they should negotiate with each other and settle them in line with the principle of being conducive to the development of the partnership. If negotiation fails, you can resort to the people's court of _ _ _ _ _ _.
iv. after the shareholders are established, they are authorized to _ _