To realize the cooperation, we must do to achieve a balanced distribution of each other, but also have enough protection, so that the three-person cooperation continues. The following is a "three-person cooperative business agreement model", for reference only, welcome to read.
Three-person cooperative business agreement model (a)Party A: ________ ID card No.: ________________________
Party B: ________ ID card No.: ________________________
< p> Party C: ________ ID number: ________________________A, B, C three parties in the spirit of mutual benefit *** win, solidarity and cooperation, after friendly consultation, on *** with the operation of ____________________________ matters to reach the following partnership agreement:
< p>Article 1 Partnership PurposeThe use of the partners' own accumulated business management experience and contacts, *** with the business, so that the partners through legal means, to create the fruits of their labor and share the economic benefits.
Article 2: Name of partnership organization, partnership business project
The name of the partnership organization is _______________
The partnership business project is _______________
Article 3: Duration of partnership
From ____________________________ onwards.
Article 4: Distribution of partnership property
The share of the partnership property occupied by each partner is _________________________________.
Article V Wages, Distribution of Surplus and Assumption of Debts
1. Distribution of Bonus: During the period of operation of the partnership organization, the wages of each partner are
____________________________. With the depth of the partnership operation, after a substantial profit, the end of the year will be issued bonuses, bonuses based on the current status of income and personal contribution by the partners to decide the meeting.
2, surplus distribution: excluding operating costs, daily expenses, salaries, bonuses, taxes and other income for the net profit, i.e., partnership revenue surplus, which is the focus of the partnership distribution, will be based on the share of the partnership property occupied by the partners, proportionate distribution.
3. Debt assumption: If there is a debt in the course of partnership, the partnership debt will be repaid by the partnership property first, and if the partnership property is not sufficient to settle the debt, it will be assumed proportionally on the basis of the share of the property of the partnership organization occupied by each partner.
Article 6: Withdrawal and Transfer of Contributions
(1) Withdrawal. If a partner has one of the following circumstances, with the unanimous consent of the other partners, may be resolved to remove his name.
(1) Personal loss of solvency;
(2) Failure to fulfill the obligation of capital contribution;
(3) Causing economic losses to the partnership organization due to intentionality or gross negligence;
(4) Improper conduct in executing the affairs of the partnership organization;
(5) Violation of the provisions of Article 9 of the Agreement by the partner.
The resolution on the removal of a partner shall be notified to the removed person in writing. From the date of receipt of the notice of removal, the removed person shall be effective, and the removed person shall withdraw from the partnership. After the withdrawal of a partner, he is deemed to give up his share of property in the partnership organization and no longer participates in the distribution of the profits and surpluses of the partnership organization for the current year, and the other partners automatically own the share of property, but does not exempt him from the losses caused to the other partners as a result of the withdrawal.
(2) Transfer of partnership shares
During the partnership period, a partner shall not transfer all or part of his/her share in the partnership without the written consent of all partners. If a partner transfers to a third party other than the partners with the written consent of the other partners, the third party shall be treated as a new entrant. A third person other than a partner who receives a share of the property of the partnership organization shall become a partner of the partnership organization upon modification of the partnership agreement.
Article VII - Partners' Meeting, Partnership Director and Partnership Execution
(1) Partners' Meeting System
1. Convening: Partners' meeting shall be convened and presided over by the partnership executor ____, and the partnership director may decide to convene the partners' meeting according to the situation;
2. Generally speaking, the meeting is held once a month, and the specific time is decided by the head of the partnership according to the situation;
3. Voting right: each partner has the right to vote in the meeting of the partners, unless otherwise agreed in this agreement, the decision on major matters shall be passed with the consent of the partners who account for more than two thirds of the share of the property of the partnership organization, and the decision on general matters shall be passed with the consent of the partners who account for more than one half of the share of the property of the partnership organization;
4. Decisions on general matters shall be made with the consent of the partners who account for one-half or more of the share of the property of the partnership organization;
4. Significant Matters: Significant matters requiring the consent of the partners who account for two-thirds or more of the share of the property of the partnership organization shall be passed at the meeting of the partners, which means:
(1) Election of partnership executive;
(2) Increase or decrease of the business type, adjustment or conversion of the business items, and expansion of business;
(3) Decision on the partners' share of the property of the partnership organization; and (3) To make appropriate adjustments to the share of each partner in the property of the partnership organization and the proportion of profit distribution;
(4) To decide on the internal organization of the partnership organization and the plan of financial income and expenditure;
(5) To decide on the operating price of the partnership organization and the system of wages, bonuses and benefits;
(6) Others.
5, other working meetings:
(1) partnership executor ____ month to preside over the convening of a working meeting with the participation of the partners and the competent staff of the partnership organization;
(2) partnership executor ____ month to preside over the convening of a working meeting with the participation of the partners and the entire staff of the partnership organization;
(3) business manager ____ presides over a working meeting attended by the subordinate staff in a month.
(2) By the decision of all partners, _____ is entrusted to be the executor of the partnership affairs, whose authority is as follows:
1. To convene and preside over the meeting of the partners, and enjoy the right of final decision on the major matters of the partnership organization (such as expanding the business, adjusting and converting the business projects, etc.);
2. To carry out external business and enter into contracts;
3. To make decisions on the execution of partnership affairs by the other 3. to inspect and supervise the execution of partnership affairs by other partners, and to appoint, remove and adjust their positions and responsibilities according to the decision of the meeting of partners;
4. to appoint and remove the business manager of the partnership organization according to the nomination of the partnership executor and to decide the remuneration to which he or she should be entitled;
5. to decide on the share of the property of the partnership organization possessed by the partnership executive, according to the profitability of the partnership organization and the personal performance of the partnership executive;
6. to decide on the share of the property of the partnership organization occupied by the partnership executive. (5) According to the profitability of the partnership organization and the personal performance of the partnership executor, it has the right to make appropriate adjustments to the partnership executor's share of the organization's property and the distribution of profits.
(3) Upon the decision of all partners, ______ is entrusted to be the person in charge of the internal administrative affairs of the partnership and is responsible for the internal operation and management of the partnership organization. Its authority is as follows:
1. To organize and implement the meeting of the partners;
2. To carry out overall daily management of the operation of the partnership organization;
3. To formulate the internal management system of the partnership organization;
4. To draw up the plan for the setting up of the internal organization of the partnership organization and the system of rewards, punishments and incentives;
5. To propose for the appointment or termination of the business manager of the partnership organization
6. Reviewing cash receipts and payments and daily financial expenses;
7. Other powers and functions granted by the partners' meeting.
(d) by the decision of all partners, entrusted ______ to serve as the financial and logistical head of the partnership organization, and to assist the other partners to participate in the day-to-day operation and management of the partnership organization.
1, responsible to the partnership executor, presiding over the daily financial and logistical work of the partnership organization;
2, formulate the financial system of the partnership organization, prepare the financial income and expenditure plan of the partnership organization, check and supervise the implementation of the financial system, and inform the other partners of the implementation of the financial plan in a timely manner;
3, supervise the relevant departments of the partnership organization to reduce consumption, To urge the relevant departments of the partnership organization to reduce consumption, save costs, rational use of funds, the annual operating costs of the partnership organization and profit forecasts, and the formation of forecasting reports for the partners to meet the decision-making reference;
4, to formulate the financial institutions set up programs and financial cashier's duties;
5, is responsible for the management of personnel records. The relevant information (such as personnel information, documents, vouchers, books, statements) to organize, collect and file, and in accordance with the prescribed procedures for destruction or archives;
6, the development of partnership organization business prices and wages, bonuses, benefits system, management of business invoices;
7, management of partnership organization cash flow and the bank's deposit and exchange of funds transactions, and timely reconciliation, to ensure that accounts are clear and consistent with the actual accounts;
7, the management of cash flow and the bank's deposit and exchange of funds, timely reconciliation, to ensure that accounts are clear and consistent with the actual accounts. Clear and consistent accounts;
8, other powers granted by the partners' meeting.
Article 8: Rights and Obligations of Partners
(1) Rights of Partners:
1. Participate in the meeting of the partners and supervise the implementation of the partnership affairs;
2. Partners have the right to distribution of the partnership benefits;
3. The distribution of the partnership benefits shall be made by the partners in proportion to the share of the property of the partnership organization or in accordance with the proportion of the share of the property of the partnership organization. The distribution of partnership benefits shall be carried out in proportion to the share of the property of the partnership organization or according to the agreement, and the property accumulated by the partnership shall belong to the partners***;
4. With the written consent of all the partners, the partners shall have the right to withdraw from the partnership.
(2) the obligations of partners:
1, in accordance with the partnership agreement to maintain the unity of the partnership organization's property;
2, share the debts of the partnership business losses;
3, for the joint and several liability for the partnership debts.
Article 9 Prohibited Acts
(1) Without the authorization of this partnership agreement or the meeting of the partners, it is prohibited for any partner to carry out business activities in the name of the partnership organization privately, and the benefits gained from the business carried out privately shall be attributed to all the partners, and the damages caused by the partner shall be compensated by that partner individually in full;
(2) Prohibition of A partner is prohibited from participating in the operation of business similar to or competing with the project of the Partnership, and if he/she operates in violation of the regulations, he/she shall pay to the Partnership Organization liquidated damages in the amount of ________ times of the highest month's profit (or average profit) of the profit gained from the operation in the previous two years;
(iii) Unless otherwise agreed in the partnership agreement or agreed by all partners, a partner shall not engage in a transaction with the Partnership, and, if there is any violation of the regulations. The profit from the transaction shall belong to the Partnership Organization, and the loss caused to the Partnership Organization shall be doubly compensated;
(d) Partners shall not engage in activities that are detrimental to the interests of the Partnership.
Article 10 Liability for Breach of Contract
(1) If a partner transfers his/her share of property without the unanimous written consent of the other partners, and if the other partners are unwilling to accept the transferee as a new partner, it may be treated as a withdrawal from the partnership, and the transferring partner shall compensate the other partners for all the damages caused as a result;
(2) If a partner privately pledges his/her share of property in the partnership, his/her act shall be invalid, and the partner shall be liable for any loss caused to other partners;
(c) If a partner seriously violates this Agreement or causes the dissolution of the partnership due to gross negligence, the partner shall be liable for compensation to the other partners;
Article XI - Settlement of Disputes Mode
All disputes arising out of or in connection with this Agreement shall be negotiated between the partners **** first, and if the negotiation fails, submitted to the Changsha Arbitration Commission for arbitration.
Article 12 Others
(1) Upon consensus, the partners may amend this Agreement or make additional agreements on the outstanding matters; if the contents of the additions or modifications are in conflict with this Agreement, the contents of the additions or modifications shall prevail;
(2) This Agreement shall be a four-page document, with one copy to be signed by each partner;
< p> (C) This Agreement shall come into force after all the partners have signed and sealed it.Party A (signature): _________ time: ________ year _____ month _____ day
Party B (signature): _________ time: ________ year _____ month _____ day
Party C (signature): _________ time: ________ year _____ month _____ day
Three people cooperative business agreement model (two)Party A: ________ ID No.: ________________________
Party B: ________ ID No.: ________________________
Party C: ________ ID No.: ________________________
In order to protect the legitimate rights and interests of the partners, by consensus of the partners, in the spirit of fairness, equality, and the principle of mutual benefit to enter into a cooperation agreement as follows:
< Article I Partnership Purpose
In order to promote friendship and strengthen economic and technical cooperation between friends, give full play to and utilize personal surplus funds, as well as mastery of technology and market information, the better to carry out economic cooperation, in order to achieve the purpose of promoting friendship and improve economic efficiency.
Article II Partnership Business Items and Scope
______________
Article III Partnership Term
The partnership term is ________ _____ month _____ begins and ends on _____ month _____ of ________.
Article IV Contribution Amount, Manner and Term
1. Partner ____________ (name) contributes RMB ____________. Partner ____________ (name) contributes RMB ____________. Partner ____________ (name) contributed RMB ____________.
2. The capital contribution of each partner shall be paid in full by ______ on __________.
3. The contribution of this partnership *** counts RMB ____________. During the period of partnership, each partner's contribution is *** property, and shall not be divided at will. After the termination of the partnership, each partner's contribution is still owned by the individual, and shall be returned at that time.
Article V Partners' Wages, Distribution of Surplus and Debt Assumption
(1), two people are needed, and the wages are paid _______ yuan/person/day.
(2), need three people, wages paid _______ yuan / person / day.
(3), _________ all fares and expenses are covered by the three people from ______ January ______ onwards.
Surplus distribution, regardless of the amount of investment, the three are equally distributed.
Debt assumption: partnership debt is first repaid by the partnership property, and when the partnership property is insufficient to settle the debt, it will be borne by the three persons respectively.
Article 6: Admission, withdrawal, and transfer of capital
1. Admission: Recognition of this agreement; consent of all partners; implementation of the rights and obligations stipulated in the agreement.
2. Withdrawal: there must be a valid reason to withdraw from the partnership; shall not withdraw from the partnership when the partnership is unfavorable; without the consent of the partners to withdraw from the partnership and cause losses to the partnership, shall be compensated.
3. Transfer of capital contribution: Partners are allowed to transfer their capital contribution. In case of transfer, the partners have the right of first refusal. If the transfer is made to a third party other than the partners, the third party shall be treated as a partner, otherwise, the transferor shall be treated as a withdrawing partner.
Article 7 Settlement of Disputes
Disputes between partners shall be resolved through consultation and in the interest of the development of the partnership. If the negotiation fails, the court may be resorted to.
This agreement shall be supplemented or modified by the collective discussion of the partners if there are any outstanding issues. The contents of the additions and modifications shall have the same effect as this contract.
At the end of the agreement, all the payments and goods will be settled. The original of this agreement in three copies, the partners each take one.
Party A (signature): _________ time: ________ year _____ month _____ day
Party B (signature): _________ time: ________ year _____ month _____ day
Party C (signature): _________ time: ________ year _____ month ________ day
Party C (signature): _________ time: ________ year _____ month _____ day
Sample agreement for a three-person cooperative business (three)Party A: ________ ID No. ________________________
Party B: ________ ID No: ________________________
Party C: ________ ID No.: ________________________
Party A, B, C, after friendly consultation, *** with the operation of the hotel reached the following cooperation agreement:
Article 1 Purpose of cooperation
The use of cooperation with their own capital management advantages and unique flavor, so that the cooperation through legal means, to create the fruits of labor and share the economic benefits.
The second cooperation name, main place of business, legal person
Name: ________________________
Main place of business: _________________
Legal person: ________________________
The name of the cooperative restaurant is:
The place of business is located at: ____________
Legal person: _____________________
Article 3 Cooperative Business Items and Scope
The business project is specialty catering, and the scope includes the sale of cigarettes and alcohol, chess and cards.
Article IV Cooperation Period
This cooperation is deemed to be terminated by all three partners agreeing to terminate the cooperation.
Article V capital contribution, mode, period
Party A ____________ to _cash_ way to contribute, amounting to RMB ____________ yuan (RMB upper case: 100,000 rounds), accounting for the total shares of ____________;
Party B ____________ contributes by way of _cash_, amounting to RMB ____________ (RMB capitalization: 100,000 rounds), accounting for ____________ of the total shares;
Party C ____________ contributes by way of _cash_, amounting to RMB ____________ (RMB capitalization: 100,000 rounds) , accounting for ____________ of the total shares.
2. The capital contribution of each cooperator shall be paid by ____ before _______, and remitted to the bank card, the card and password shall be held by the designated person agreed by A, B and C. At least two persons shall be present at the same time when the share capital is used. Other cooperators have the right to supervise and verify.
3. The cooperation contribution *** counts RMB ____________ (RMB capital ________________________). During the cooperation period, each partner's capital contribution is *** have property, shall not be arbitrary request for division, after the termination of the cooperation, each partner's capital contribution is still personal, the day of the termination of the agreement or according to the time agreed upon by the partners to be returned.
Article VI surplus, wage distribution and debt
1, surplus distribution: excluding operating costs, daily expenses, wages, bonuses, taxes and other income for the net profit, i.e., the cooperation of the surplus, which is the focus of the cooperative distribution, will be based on the capital contribution of the partners, according to the proportion of the distribution.
2. Debt assumption: If there is a debt in the process of cooperative business, the cooperative debt will be repaid by the partnership property first, and if the cooperative property is not enough to settle the debt, it will be assumed on the basis of the capital contribution of each partner and proportionally.
Article VII of the partners signing matters
The partners to the store signing matters by the three partners decided to agree separately.
Article VIII capitalization, withdrawal of capital, transfer of capital contribution
(a) Capitalization
1. New partners into the capital must be agreed to by all the partners;
2. New partners must recognize and sign the cooperation agreement;
3. Unless otherwise agreed by the agreement on the capitalization of the capitalization of the new partners and Unless otherwise agreed in the capitalization agreement, the new partner enjoys the same rights and bears the same responsibilities as the original partner; the new partner bears joint and several liabilities for the debts of the cooperative enterprise before capitalization.
(B) withdrawal
1. Voluntary withdrawal. In the business period, one of the following circumstances, the partners can withdraw:
① cooperation agreement agreed to withdraw the cause of the emergence of;
② written consent of all partners to withdraw;
③ occurs when it is difficult to continue to participate in the cooperation of partners in the legal reasons.
The unauthorized withdrawal of capital by the cooperators caused losses to the cooperation, shall compensate the other cooperators for all losses.
2. Of course, the withdrawal of capital. One of the following circumstances, of course, capital withdrawal:
① death or legally declared dead;
② declared incompetent according to law;
③ personal loss of solvency;
④ by the people's court to enforce the full share of property in the cooperative enterprise.
In the above cases, the effective date of capital withdrawal is the date of actual occurrence.
3. Exclusion of capital withdrawal. The collaborators have one of the following circumstances, the other collaborators unanimously agreed, can be resolved to remove their names:
① failure to fulfill the obligation to contribute funds;
② intentional or gross negligence to the cooperative enterprise caused economic losses;
③ the implementation of cooperative enterprise affairs with improper behavior;
④ cooperation agreement agreed on other reasons.
The resolution on the removal of the partner shall be notified to the removed person in writing. The delisting shall take effect from the date of receipt of the delisting notice by the delisted person, and the delisted person shall withdraw his/her capital. If the excluded person has any objection to the resolution of de-listing, he or she may file a lawsuit with the People's Court within ______ days from the date of receipt of the notice of de-listing.
After the withdrawal of the capital of the cooperator, the other cooperators and the withdrawn person shall settle according to the property status of the cooperative enterprise at the time of withdrawal.
(C) transfer of capital contribution
Allow the collaborators to transfer all or part of their share of property in the cooperation. Under the same conditions, other cooperators have the right of priority to be transferred. In case of transfer to a third person other than a co-operator, the third person shall be treated as a new entrant, otherwise the transferor shall be treated as a surrender. If a third party other than a cooperator is assigned a share of the property of a cooperative enterprise, it shall become a cooperator of the cooperative enterprise upon modification of the cooperation agreement.
Article IX Rights and Obligations of the Partners
(a) The rights of the partners:
1. The right to make decisions on cooperative affairs, the right to supervise and specific business activities, and important matters shall be decided by the partners A, B, C **** the same decision;
2. Distribution of cooperative interests;
3. The distribution of cooperative interests shall be in proportion to the amount of capital contributed by the partners or according to the agreement, and the property accumulated by the cooperative operation shall belong to the partners **** have;
4. The partners have the right to withdraw their capital.
(2) the obligations of the partners:
1. to maintain the unity of the partnership property in accordance with the agreement on cooperation;
2. to share the debts of the cooperation of the operating losses;
3. to assume joint and several liability for the debts of the cooperation.
Article 10 Prohibited Actions
(a) Without the consent of all partners, any partner is prohibited from conducting business activities in the name of cooperation; if the benefits of his business go to all partners, the losses caused by the partner shall be compensated by him personally in full;
(b) Prohibition of partners to participate in the operation of business similar to or competing with the project.
(c) Unless otherwise agreed in the cooperation agreement or with the consent of all collaborators, the collaborator shall not engage in transactions with the cooperative enterprise;
(d) The collaborator shall not engage in activities detrimental to the interests of the cooperative enterprise.
Article 11 Continuation of Cooperative Business
(1) In the case of withdrawal of capital, the remaining cooperators shall have the right to continue to operate the business of the original enterprise under the name of the original enterprise, and they may also choose and absorb new cooperators into the business;
(2) In the case of the death of a cooperator or his/her death being declared, according to the choice of the heir of the deceased cooperator, either the cooperator may withdraw from the business of the original enterprise, or heir may choose and absorb new cooperators to operate the business;
(2) in the event that the cooperator is dead or declared dead, depending on the (b) In the event of the death or declaration of death of a collaborator, according to the choice of the deceased collaborator's heir, the heir may be refunded his share of the property to be inherited, and continue the business; or, in accordance with the agreement of the cooperation agreement or with the consent of all the collaborators, the heir shall be admitted as a new collaborator to continue business.
Article 12: Termination and liquidation of cooperation
(a) cooperation is dissolved due to the following circumstances:
1. the expiration of the term of cooperation;
2. all the cooperators agree to terminate the cooperative relationship;
3. no longer have the legal number of cooperators;
4. the completion of the cooperative affairs Or can not be completed;
5. Being revoked according to law;
6. The emergence of other reasons for the dissolution of the cooperative enterprise provided for by laws and administrative regulations.
(b) the liquidation of cooperation:
1. cooperation should be liquidated after the dissolution of the liquidation, and notify the creditors;
2. Liquidator shall be all the cooperators or agreed by a majority of all the cooperators, from the dissolution of the cooperative enterprise within ______ days of the appointment of the cooperators or the cooperators*** with the liquidation or entrusted to the third party such as lawyers, accountants, etc, to act as the liquidator. If the liquidator is not determined within ______ days, the cooperators or other interested parties may apply to the people's court to appoint a liquidator.
3. After paying the liquidation expenses, the cooperative property shall be liquidated in the following order: the wages and labor insurance costs of the employees recruited by the cooperation owed; the taxes owed by the cooperation; the debts of the cooperation; and the return of the capital contribution of the cooperators.
4. If there is any surplus after the liquidation, it will be distributed according to the method in the first paragraph of Article 6 of this Agreement.
5. Liquidation of the cooperation has a loss, the cooperative property is insufficient to liquidate the part of the surplus distribution in accordance with the third paragraph of Article 6 of this Agreement. Each partner shall bear the responsibility of unlimited joint and several liability, the partner due to bear joint and several liability, the amount of liquidation over the amount it should bear, the right to other partners to recover.
Article 13: Liability for breach of contract
(a) If a partner fails to pay the capital on time or fails to pay the capital in full, he/she shall compensate for the losses caused to the other partners; if he/she fails to pay the capital in full after ______, he/she shall be treated as a partner who withdraws from the partnership;
(b) If a partner transfers his/her property without the unanimous consent of other partners, if the other partners do not agree to transfer their shares, the other partners shall have the right to recover from the other partners the amount they should have paid. (b) If a cooperator transfers its share of property without the unanimous consent of the other cooperators, if the other cooperators are unwilling to accept the transferee as a new cooperator, it may be dealt with as a withdrawal of capital, and the transferring cooperator shall compensate the other cooperators for all the losses incurred as a result of such transfer;
(c) If a cooperator privately pledges its share of property in a cooperative enterprise, the act is null and void, and the cooperator shall bear the full responsibility of compensating the other cooperators for any losses incurred as a result of such transfer;
(d) A cooperator seriously violates this Agreement. (D) If a cooperator seriously violates this Agreement or causes the dissolution of the cooperative enterprise due to gross negligence or due to the violation of __________________, he or she shall be liable to the other cooperators;
(E) If a cooperator violates the provisions of Article IX of this Agreement, he or she shall be liable for full compensation in accordance with the actual losses of the other cooperators, and those who do not listen to the dissuasion can be removed from the cooperative enterprise by a collective decision of the other cooperators.
Article XIV Agreement Dispute Resolution
All disputes arising out of or in connection with this Agreement shall be subject to consultation between the cooperators *** with each other, and if the consultation fails, submitted to arbitration by Guiyang Arbitration Commission. The arbitration award is final and binding on all parties.
Article 15 Others
(1) By consensus, the collaborators may amend this Agreement or supplement the outstanding matters; in case of conflict between the supplemented and modified contents and this Agreement, the supplemented and modified contents shall prevail;
(2) The new capitalization contract may be an integral part of this Agreement;
(C) this agreement in a single copy, each partner of one, sent to the business administration for the archives of a copy;
(D) this agreement by the signatures of all partners, stamped after the entry into force.
Party A (signature): _________ time: ________ year _____ month _____ day
Party B (signature): _________ time: ________ year _____ month _____ day
Party C (signature): _________ time: ________ year _____ month _____ day