Sample Catering Partnership Agreement for Three People
Partnership is a common joint venture organization.
Article 1, partners 1, name ________, gender ____, age ____, ID number:_____________________ address ____________________________________ 2, name ________, gender ____, age ____, ID number:_____________________ address ____________________________________ 3. Name ________, gender ____, age ____, ID number:_____________________ address ____________________________________ Article 2, Partnership Purpose Adhering to the principles of mutual benefit*** win, openness and honesty, benefit*** enjoy, responsibility*** share, all parties reach an agreement*** with the operation of the project. Article 3, Partnership Business Items and Scope Located at ________________________ (detailed address) ________________________ (name of the restaurant, or with a temporary name), the main business scope includes ____________________________________________. ARTICLE IV, PARTNERSHIP TERM Beginning on the date of ______ and ending on the date of ______ and ending on the date of ______, ****______. Article 5, the amount, mode and term of capital contribution (a) Partner ______ (name) contributes in _______ ways (cash, technology, in-kind, etc.), amounting to RMB _________. _______ holds *% of the shares of the company (other partners are listed in the same order as above) Partner ______ (name) contributes capital in the form of _______ (cash, technology, in-kind, etc.), amounting to RMB _________. _______ holds *% shares of the company (the other partners are listed in the same order as above) (b) The capital contribution of each partner shall be paid by _______ on ______ January ______. (iii) The partnership capital contribution*** is RMB _______. During the period of partnership, each partner's capital contribution shall be *** owned property and shall not be divided at will . After the termination of the partnership, the capital contribution of each partner shall remain personal and shall be returned at that time. Article 6: Distribution of Surplus and Debt All partners shall **** the same business, **** the same labor, **** the risk, **** the profit and loss. (a) surplus distribution: based on ______________, proportional distribution. Quarterly distribution. (ii) Debt assumption: Partnership debt is first repaid by partnership property, and when the partnership property is insufficient to settle the debt, it is assumed on the basis of _____________ and proportionally. (Special note: the distribution of surplus and debt can be agreed according to the partners' respective investment or average distribution. If there is no agreement on the sharing ratio, the partners will share according to their investment. After any party to external reimbursement, the other party should be proportional to the other party within 10 days to settle their share of the burden). Article 7: Entry, withdrawal, and transfer of capital contribution Unless otherwise agreed in the partnership agreement, the new partner enjoys the same rights and bears the same responsibilities as the original partner. The new partners shall be jointly and severally liable for the debts of the partnership prior to their entry into the partnership. (1) Voluntary withdrawal. A partner may withdraw from the partnership if one of the following circumstances exists during the term of the partnership: 1. It is difficult for the partner to continue to participate in the partnership. 2. The partner has no right to participate in the partnership. 3. The partner has the right to withdraw from the partnership. 4. The partnership agreement does not agree on the duration of the partnership business, the partners in the case of the implementation of partnership affairs does not adversely affect the situation, you can withdraw from the partnership, but should be 30 days in advance to notify the other partners. If a partner's unauthorized withdrawal causes losses to the partnership, he shall compensate for the losses. (2) Ex-officio withdrawal. A partner shall withdraw from the partnership ex officio in any of the following cases: 2. Being forced by the People's Court to execute all the shares of property in the partnership. The withdrawal of the above circumstances to the date of the actual occurrence of the effective date of withdrawal. 3. Other reasons agreed in the partnership agreement. After a partner withdraws from the partnership, the other partners and the withdrawing partner settle the account according to the property status of the partnership at the time of withdrawal. (iii) Transfer of capital contribution. A partner is permitted to transfer all or part of his share of property in the partnership. Under the same conditions, a partner has a preferential right to be transferred. If the transfer is made to a third person other than a partner, the consent of the other partners is required for the transfer. Otherwise, it will be considered invalid. Article VIII: The Head of the Partnership and the Execution of Partnership Affairs (1) The shareholder with the largest proportion of capital contribution shall be the head of the partnership to execute the affairs of the partnership. Article 9: Rights and Obligations of Partners (1) The right to operate, decide and supervise the affairs of the partnership, and the decision on the operation of the partnership shall be made by the person in charge of the partnership, (2) The distribution of partnership benefits by the partners shall be in proportion to the amount of the capital contributed or in accordance with the agreement of the contract, and the property accumulated by the operation of the partnership shall belong to the partners **** have. (C) the right of access in order to ensure the healthy development of the company, to achieve the *** the same business objectives, the shareholders in order to understand the company's business status and financial situation, without affecting the normal activities of the company have the right to access the shareholders' meeting minutes and the company's financial books. (d) To assume joint and several liability for partnership debts. Article 10: Prohibited Actions (a) Without the consent of all partners, any partner is prohibited from conducting business activities in the name of the partnership privately; if his/her business obtains benefits to the partnership, the losses caused will be compensated according to the actual losses. (ii) Except as otherwise agreed in the partnership agreement or with the consent of all partners, a partner is not allowed to conduct transactions with the Partnership. (iii) A partner shall not engage in activities that are detrimental to the interests of the Partnership. Article 11: Continuation of Partnership Business (1) In the case of withdrawal, the remaining partners shall have the right to continue to operate the business of the original enterprise under the name of the original enterprise, or to select and absorb new partners into the partnership. (2) In the event of the death of a partner or the death of a partner, the heirs of the deceased partner may, at their option, withdraw the heir's share of the property to which the heir is entitled to inherit, and continue the business; or, in accordance with the terms of the partnership agreement, or with the consent of all the partners, accept the heir as a new partner to continue the business. Article 12: Termination and liquidation of partnership Other reasons for the dissolution of the partnership as stipulated by laws and administrative regulations. 1. After the dissolution of the partnership shall be liquidated and the creditors shall be notified. 2. The liquidator shall be appointed by all the partners or agreed by a majority of all the partners, within 15 days from the dissolution of the partnership ______________ partners or appoint a third person, as the liquidator. If the liquidator is not determined within 15 days, the partners or other interested parties may apply to the People's Court for the appointment of the liquidator. 3. Partnership property in the payment of liquidation costs, in the following order: the partnership owed to the recruitment of wages and labor insurance costs; partnership taxes owed; partnership debts; return of partners' contributions. 4. If there is any surplus after the settlement, it will be distributed according to the method of Article 6, paragraph 1 of this Agreement. 5. In case of liquidation, if there is a deficit in the partnership and the partnership property is not enough to settle the deficit, the partners shall be responsible for the liquidation in accordance with Article 6 (2) of this Agreement. Each partner shall be liable for unlimited joint and several liability, and the partners shall have the right to recover from the other partners if the amount of liquidation exceeds the amount they should be liable for due to joint and several liability. Article 13: Liability for breach of contract (a) If a partner fails to pay the capital contribution on time or in full, he/she shall compensate for the loss caused to the other partners; if he/she fails to pay the capital contribution in full even after ____________ years of overdue payment, he/she shall be dealt with as a withdrawal from the partnership. (ii) partner without the unanimous consent of the other partners to transfer their share of the property, if the other partners do not want to accept the transferee as a new partner, can be dealt with as withdrawal, the transferor shall compensate the other partners for the losses caused by this. (3) If a partner privately contributes to the partnership with his share of property, his act is invalid, or is treated as withdrawal from the partnership; if this causes losses to other partners, he shall be liable for compensation. (4) If a partner seriously violates this Agreement, or causes the dissolution of the partnership through gross negligence or violation of the Partnership Law, he/she shall be liable to the other partners. (5) A partner who violates the provisions of Articles 9 and 10 shall be compensated for the actual damages incurred by the partnership and may be removed from the partnership by the decision of all the partners if he/she fails to comply. Article 14, the contract dispute resolution (a) All disputes arising out of or in connection with this Agreement, the partners *** with the same consultation, such as consultation does not work, submitted to ______________ Arbitration Commission arbitration. The arbitration award shall be final and binding on all parties. (b) All disputes arising out of or in connection with this Agreement shall be negotiated between the partners *** with each other, and if the negotiation fails, the jurisdiction of the People's Court of the place where the partnership is located. Article 15, Other Provisions (a) Upon consensus, the partners may amend this Agreement or supplement the outstanding matters; if the supplemented or modified contents are in conflict with this Agreement, the supplemented or modified contents shall prevail. (ii) The partnership contract is an integral part of this Agreement. (c) This contract is in _______ one copy, each partner to sign a copy, to send the registration authority for filing a copy. (d) This contract shall come into effect upon signature and seal of all partners. Partners ________ partners ________ partners ________ partners ________ Time ____________ time ____________ time ____________