Catering Partnership Agreement (3 selected articles)
With the strengthening of people's legal awareness, contracts are more and more widely used in life, and signing contracts can encourage both parties to promise and perform cooperation in a standardized way. There are different types of contracts, of course, they also have different purposes. The following are the catering partnership agreements (selected 3 articles) I collected for you. Welcome to learn from them and hope to help you.
catering partnership agreement 1
Party A: XXX
Party B: XXX
Party C: XXX
Party D: XXX
Party A, Party B, Party C and Party D, as partners (with a copy of their ID cards attached), have reached the following partnership agreement on the establishment of catering enterprises through friendly negotiation for all four parties to abide by.
First, the purpose of partnership
Partners operate a catering enterprise in partnership according to their own capital and management advantages, and work through legal means of partners in order to obtain and share economic benefits and take risks.
II. Name of the partnership and main place of business
Name of the catering enterprise operated by the partnership:
Place of business: XXXX-No.facade;
business area: about 211 square meters (excluding temporary erection).
III. Partnership Project and Scope
The business project is catering, and the business scope shall be determined or adjusted by the partners at the same time.
iv. duration of the partnership
the duration of the partnership is 5 years, from February 1, 21xx to October 31, 21xx.
V. Contribution amount, proportion and duration
(I) Contribution amount and proportion of partners
Party A's contribution in cash is RMB 1,111,111, accounting for 28.5%. Party B's contribution in cash is RMB million, accounting for 28.5%. Party C's contribution in cash is RMB million, accounting for 28.5%. Party D's contribution in cash is RMB 51,111.11 Yuan, accounting for 14.5%.
(ii) The capital contribution of each partner shall be paid in full in two installments, including 51% on October 25th and 51% on February 5th.
(iii) The contribution of this partnership is RMB 351,111.11 Yuan. During the partnership period, 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, the capital contribution of each partner is still owned by the individual and will be returned on the day of termination of the agreement or as agreed by the partners.
VI. Financial Management, Earnings Distribution and Debt Undertaking
(I) Financial Management
1. Account Management
The partners agree to open a special * * * custody account in ICBC, and all income related to the partnership must be entered into the account in time, including the contribution made by the partnership. The business payee must deposit it into the account on the afternoon of the day of business income and the morning of the next day.
2. Management responsibilities
(1) The partners agree that Party A is responsible for financial management.
(2) The partners agree that Party B is responsible for supervising financial management and sending staff to serve as cashiers.
(II) Management of daily expenses
The partners agree that the daily expenses should be signed and approved by Party A, but before payment, they should have:
(III) Profit distribution
The income excluding operating costs, daily expenses, wages, bonuses and taxes to be paid is the net profit, which is the partnership income-generating surplus, and the partners will distribute it according to the proportion of capital contribution, and 51% of the distribution will be settled at that time, and 51% will be reserved.
(4) Debt commitment
If there are debts arising in the course of partnership operation, the partnership debts shall be repaid by the partnership property first, and when the partnership property is paid off, it shall be borne in proportion based on the capital contribution of each partner.
VII. Decision-making matters and division of labor of partners
(1) All partners * * * jointly decide on partnership affairs, including but not limited to the following matters:
1. Conclude contracts with foreign parties;
2. Daily management of partnership projects;
3. Set operating prices and purchase commonly used goods;
4. Pay the partnership debts;
5. Other matters that need to be decided temporarily.
(II) Personal business and division of labor of partners
1. As a partner, Party A acts as the legal representative of the partnership enterprise on behalf of all partners, and is responsible for daily operation, management and transaction handling.
2. Party B is responsible for the financial supervision of the partners, and forms the monthly income and expenditure situation, and reports the situation to the partners' meeting.
3. Party B is responsible for organizing the marketing work of the partnership, acting as the partnership liaison, contacting and arranging the partners' meeting, and tracking and implementing the formed decision-making matters.
4. Party C is responsible for the management of the back kitchen of the partnership, and shall be paid with a monthly salary in addition to the partnership income.
VIII. Admission, withdrawal and transfer of capital contribution
(1) Admission
1. Admission of new partners is subject to the consent of all partners;
2. The new partner must 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.
(2) Quit the partnership
1. Quit the partnership voluntarily. During the term of operation, a partner may withdraw from the partnership under any of the following circumstances:
① Reasons for withdrawing from the partnership agreement;
② Withdraw from the partnership with the written consent of all partners;
③ the legal reasons why it is difficult for partners to participate in the partnership.
if a partner withdraws from the partnership without authorization and causes losses to the partnership, it shall compensate the partner for the losses.
2. Quit of course. A partner will of course quit the partnership in any of the following circumstances:
① Death or being declared dead according to law;
② being declared as a person without civil capacity according to law;
③ the individual loses the ability to pay debts;
④ the share of property in the partnership that is forced by the court.
the effective date of withdrawal is the date when the above situation occurs.
3. Withdraw from the partnership. In case of any of the following circumstances, a partner may be removed by resolution with the consent of the partner:
① Failure to fulfill the obligation of capital contribution;
② causing economic losses to the partnership due to intentional or gross negligence; (3) improper conduct in the execution of partnership affairs;
④ the reasons agreed in the partnership agreement.
the resolution to remove the partner shall be notified to the removed celebrity in writing. The removed celebrity shall become effective from the date of receiving the notice of removal, and the removed celebrity shall withdraw from the partnership. If the removed celebrity disagrees with the resolution of delisting, he may bring a lawsuit to the court within 31 days from the date of receiving the notice of delisting.
after a partner quits the partnership, the partner and the quitter shall settle accounts according to the property status of the partnership at the time of quitting the partnership.
(III) Transfer of capital contribution
Partners are allowed to transfer their capital contribution or share of property in the partnership. Under the same conditions, partners have the priority to be assigned. If it is transferred to a person other than a partner, the transferee shall be treated as a new employee, otherwise the transferor shall be treated as a withdrawal. If a person other than a partner receives the share of the partnership property, the partnership agreement is amended to become a partner of the partnership.
IX. Rights and obligations of partners
(I) Rights of partners
1. The decision-making power, supervision power and major business activities of partnership affairs are decided by all partners, and all partners have equal voting rights;
2. Partners have the right to distribute the benefits of the partnership;
3. The benefits distributed by the partners shall be distributed according to the agreement, and the property accumulated by the partnership shall be owned by the partner * * *;
4. Partners have the right to quit.
(II) Obligations of partners
1. Contribute capital as agreed in the partnership agreement;
2. Share the operating losses of the partnership;
3. Take joint and several liabilities for the partnership debts.
X. Prohibition
(1) Without the consent of all partners, it is forbidden for any partner to engage in activities in the name of partnership without permission; If the interests belong to all partners, the losses caused by them shall be fully compensated by the partners themselves;
(2) Unless otherwise agreed in the partnership agreement or agreed by all partners, the partners may not conduct transactions with the partnership;
(3) Partners engage in activities that harm the interests of the partnership.
Xi. Termination and liquidation of the partnership
(1) The partnership is dissolved due to the following circumstances
1. Upon the expiration of the partnership term, the partners have no intention to continue to sign the partnership agreement;
2. All partners agree to terminate the partnership;
3. There are no legal partners;
4. The partnership transaction is completed or cannot be completed;
5. It has been revoked according to law;
6. Reasons for the dissolution of the partnership as stipulated by laws and administrative regulations.
(II) Liquidation of the partnership
1. After the dissolution of the partnership, it shall be liquidated and the creditors shall be notified;
2. The liquidator shall be all partners. If it is not liquidated within 15 days, the partner or interested party may apply to the court to appoint a liquidator.
3. After paying the liquidation expenses, the partnership property shall be paid off in the following order: the wages and labor insurance expenses owed by the partnership; Tax owed by the partnership; Debt of partnership; Return the capital contribution of the partners.
4. if there is any surplus after settlement, it shall be distributed according to the method in article 6 of this agreement.
5. If the partnership suffers losses during liquidation and the partnership property is paid off, it shall be handled according to the method of surplus distribution in Article 6 of this Agreement. Each partner shall bear unlimited joint and several liability, and the partners shall bear joint and several liability. If the amount paid exceeds the amount they should bear, they shall have the right to recover from the partners.
XII. Liability for breach of contract
(1) If the partner fails to pay the capital contribution on time or in full, it shall compensate the partner for the losses caused thereby; If the capital contribution is not paid in full within 11 days after the deadline, it will be treated as withdrawal;
(2) If a partner transfers his share of property without the consent of the partner, if the partner is unwilling to accept the transferee as a new partner, it may be treated as withdrawal, and the transferred partner shall compensate the losses caused to the partner;
(3) If a partner pledges his share of the property in the partnership without permission, his behavior will be invalid, and if losses are caused to the partner, the partner shall be liable for compensation;
(4) If a partner seriously violates this Agreement or the partnership enterprise is dissolved due to gross negligence or violation of the Partnership Enterprise Law, the partner shall be liable for compensation;
(5) if a partner violates the provisions of article 9 of this agreement, he/she shall compensate the partner in full according to the losses caused to him/her. If he/she refuses to listen, he/she may be removed by collective decision of the partners.
article 13 settlement of disputes in agreement
all disputes arising from or related to this agreement shall be settled through negotiation among the partners. if negotiation fails, either party may bring a lawsuit to the santai county people's court.
Article 14 Other matters
(1) After consultation, the partners may modify this agreement or supplement the 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 new occupation contract is an integral part of this Agreement;
(iii) this agreement is made in quintuplicate, one for each partner and one for the industrial and commercial authority.
(iv) this agreement shall come into effect after being signed by all partners.
party a:
signing time:
signing place:
party b:
signing place:
party c:
signing time:
signing place:
party d:
signing time:
signing.
(other partners should fill in the order of the above items)
Article 1 Purpose of partnership
Article 2 Project and scope of partnership
Article 3 Term of partnership
The term of partnership is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
article 4 amount, method and duration of contribution
1. the partner (name) made the contribution in the form of _ _ _ _ _, totaling RMB _ _ _. (other partners are listed in the same order as above)
2. The capital contribution of each partner shall be paid in full before _ _ _ _ _ _ _ _ _. If the payment is overdue or not paid in full, the bank interest shall be calculated and paid for the unpaid amount and the losses caused thereby shall be compensated.
3. The contribution of this partnership is RMB _ _ _ _ _ _. During the partnership period, the capital contribution of each partner is still * * * property, and it is not allowed to request 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 5 surplus distribution and debt commitment
1. surplus distribution shall be based on _ _ _ _ _ and distributed in proportion.
2. Debt undertaking: the partnership debt shall be repaid by the partnership property first. If the partnership property is insufficient to pay off, it shall be borne in proportion based on the _ _ _ _ of each partner.
Article 6 Admission, withdrawal and transfer of investment
1. Admission:
① This contract needs to be recognized;
② It needs the consent of all partners;
③ implement the rights and obligations stipulated in the contract.
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 To quit the partnership, it is necessary to inform other partners _ _ _ months in advance and get the consent of all partners;
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 investment:
Partners are allowed to transfer their own investment. At the time of transfer, the partners have the right of first assignment. If a third person other than the partner is transferred, the third person shall be treated as a partner, otherwise the transferor shall be treated as a partner.
Article 7 Rights of the person in charge of the partnership and other partners
1. _ _ _ _ is the person in charge of the partnership. Its authority is:
① to conduct foreign business and conclude contracts;
② daily management of the partnership;
③ selling partnership products (goods) and purchasing common goods;
④ pay the partnership debt;
⑤______。
2. Rights of other partners:
① Participate in the management of the partnership;
② listen to the report on the business development of the person in charge of the partnership;
③ check the partnership account books and operation;
(4) * * * to decide on major matters of partnership.
Article 8 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 operate and compete in partnership.