Article 1 Partner A: _ _ _ _ _ ID number:, address: Partner B: _ _ _ _ ID number:, address:
In order to regulate the behavior of partners and protect the legitimate interests of the partnership store and its partners, Party A and Party B sign this agreement on the principles of voluntariness, equality, fairness, honesty and credit.
Article 1 Purpose of partnership
Party A and Party B operate the offline store business of fruits and meals on the principle of mutual benefit, * * hand in hand, * * joint operation and * * common development.
Article 2 General situation of partnership stores
Name: Kexianxia Store during Fruit Meal
Business premises:
Business scope: fast food, take-away, juicing, fruit and other categories.
Article 3 Term of Partnership
The partnership period starts from xx, xx, and ends when the store no longer operates.
Article 4 Mode of capital contribution
Party A contributes decoration, equipment and related expenses in cash, accounting for 90% of the shares; Party B contributes in the form of store transfer fee, and the share ratio is: 10%.
In addition, the two sides agreed that the store transfer fee should be limited to 60,000 yuan, and 20,000 yuan will be returned every month for three consecutive years, and it will be terminated after three years, but the proportion of shares will be maintained. If it has not been operated for 3 years, Party A will make up the difference and then distribute it according to the proportion of shares.
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, the proportion of each partner's capital contribution belongs to the individual, and liquidation and division will be carried out at that time.
Article 5 Registration of partnership stores
All partners agree to designate Nanchang Fruit and Meal Information Technology Co., Ltd. as the representative to apply for store operation qualification from Qingyun Town Investment Promotion Operation Management Center.
Article 6 Residual distribution
1. All partners * * * operate together, * * * manage together, * * * take risks together, and * * * make profits and losses together.
2. The income shall be distributed in proportion to the quarterly income.
3. If the profit distribution and loss of the partnership store change, the specific scheme shall be decided by all partners through consultation.
Article 7 Store management
1. Temporarily entrust the store as the manager, responsible for the daily sales of the store, with a basic salary of 2,000 yuan and a performance commission of 2%.
2. The prices of all goods are in accordance with the company's regulations, and all operating systems are implemented in accordance with the company's system.
3, monthly inventory, check the turnover.
Article 8 shop affairs decision
The following matters must be unanimously agreed by all partners:
1. Dispose of the real estate of the partnership store;
2. Change the name of the partnership store;
3. Hire someone other than the partner as the store manager.
Acts prohibited by Article 9
During the partnership, the partners shall not:
1. Without the consent of all partners, it is forbidden for any partner to engage in other business activities in the name of the partnership store without permission;
2. Partners are prohibited from engaging in activities that harm the interests of this partnership store.
If a partner violates the above provisions, the profits from his operation shall be owned by the partnership store, and the losses caused shall be compensated according to the actual losses. Discourage those who don't listen can be decided by other partners.
Article 10 Circumstances of delisting and withdrawal from partnership
Under any of the following circumstances, with the consent of other partners, a resolution can be made to replace the partner:
1, failing to fulfill the obligation of capital contribution;
2. Causing losses to the partnership store due to intentional or gross negligence;
3. A serious quarrel occurred during the execution of the partnership store affairs, which could not be resolved through consultation among all partners;
4. Other reasons stipulated in the partnership agreement.
Article 11 Exit procedure
When a partner withdraws from the partnership, it shall be conducted in the following order:
1. Notify other partners to quit the partnership 30 days in advance;
2. When a partner withdraws from the partnership, the other partners shall liquidate with the quitter according to the property status of the partnership at the time of withdrawal, and return the property share of the quitter; The quitter shall be responsible for the losses or debts of the partnership store that have occurred before he quits the partnership in proportion to the capital contribution;
3. No matter how the quitter contributes, it is decided by all the partners according to the actual situation of the store, and the money or kind will be returned.
Article 12 Liability for breach of contract
1. If a partner transfers his share of the property without the unanimous consent of other partners, and his partner is unwilling to accept the transferee as a new partner, he may be treated as withdrawing from the partnership, and the transferor shall compensate the other partners for the losses suffered as a result;
2. If a partner violates the provisions of this agreement on prohibited acts, he shall make compensation according to the actual losses of the partnership. If the listener is discouraged, all partners may decide to be removed.
Article 13 representations and warranties
The undersigned of this Agreement makes the following statements and warranties:
1. All partners are natural persons with independent civil capacity and have the legal right or authorization to sign this agreement.
2. The capital invested by all partners in this store is the legal property of all partners.
Article 14 Supplement and Annex
Matters not covered in this agreement shall be implemented in accordance with relevant laws and regulations. Where there are no provisions in laws and regulations, both parties may reach a written supplementary agreement. The annexes and supplementary agreements to this agreement are an integral part of this agreement and have the same legal effect as this agreement.
Article 15 Effectiveness of the Agreement
1. This agreement shall come into force as of the date of signature by all parties.
2. This agreement is made in duplicate, one for Party A and one for Party B, with the same legal effect.
3. The annexes and supplementary agreements of this Agreement are an integral part of this Agreement and have the same legal effect as this Agreement.
Party A: Party B:
Signing place: Signing place:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2 Partner Party A: ID number: Partner Party B: ID number:
Based on the principles of fairness, equality, mutual benefit, * * at one's own risk and * * profit and loss, the above-mentioned partners entered into a partnership agreement on the purchase of the store as follows:
The contribution of Party B accounts for 50% of the total contribution of the store. The down payment is RMB one hundred and twenty thousand Yuan only, in figures:120,000 Yuan.
1. Party A and Party B respectively contribute to purchase the property rights of the store: both parties shall bear the total purchase price of the store and the principal and interest of the bank mortgage in proportion to the division of the appealed property rights. Both parties handle a bank mortgage loan of two million three hundred thousand yuan in the name of Party A, and repay the principal and interest of the bank loan on a monthly basis in the name of Party A, but Party B pays the loan on a monthly basis.
Party A shall pay the mortgage principal and interest corresponding to Party B's share of property rights on time. Before repaying the loan to the bank every month, Party B shall pay half of the mortgage payment for that month to Party A, and Party A shall pay all the mortgage payment for that month to the bank. If Party B fails to pay the mortgage payment before the repayment deadline, it shall pay a late fee of 1% of the total mortgage payment for each day overdue, and the mortgage period shall be less than 5 years.
2. At the same time, both parties agree that if the store generates other unexpected expenses, the expenses will also be shared according to the above proportion.
3. Both parties shall distribute the operating income of the store according to their respective share of property rights, and bear all expenses arising from the operation. During the period when the store loan mortgage is not paid off, the mortgage shall be paid with the proceeds from the store operation or lease, and the insufficient part shall be paid in proportion.
Three. Benefit distribution and risk sharing
1. The income (including the market value-added part) gained from the store investment shall be shared equally by both parties in proportion to the investment.
2. The expenses incurred by the store investment shall be shared equally by both parties according to the investment proportion.
3. Risks or losses that may occur in store investment (including losses caused by force majeure or losses caused by property expropriation caused by government policies) shall be borne equally by both parties in proportion to the investment.
Four. The following matters concerning joint investment shall be decided by both parties through consultation.
(1) Store rental price, duration and other related matters.
(2) Transfer of the partnership store.
(3) Mortgage of partnership stores.
(four) other important matters related to the possession, use, income and disposal of the partnership store.
Verb (abbreviation for verb) Transfer, lease and operation of investment.
1. If either party wants to transfer its investment rights to a third party, it must obtain the consent of the other party.
2. Either party intends to transfer its investment rights to a third party, and the other party has the preemptive right.
3. Shops must be rented as a whole, not separately.
4. If Party A and Party B jointly operate the store or one party operates the store, the expenses shall be negotiated separately by both parties.
5. The store can sign a lease agreement with the lessee only after both parties reach an agreement through consultation (the lease agreement is valid only after it is signed by both parties). If one party is absent, it can be signed by someone, but it must be proved in writing).
Handling of intransitive verb property right certificate
The property rights of the purchased shops are owned by Party A and Party B, each accounting for 50% of the property rights, and the property rights are registered in the names of Party A and Party B ... The land use right certificate is registered in the name of Party A (since the owner of the property right certificate needs a loan from Party A's bank in the name of Party A, the land use right certificate is registered in the name of Party A), but the land use right certificate belongs to both parties. The taxes and fees required for the permit application shall be shared by Party A and Party B in proportion to their capital contributions.
Seven. responsibility for breach of contract
1. Either party shall not affect the ownership and use right of the property owned by * * due to personal debts, otherwise it shall compensate the other party for the losses suffered.
2. If Party A and Party B fail to pay off all the principal and interest corresponding to the property right share within 5 years due to their own reasons, it means that this party (the defaulting party) gives up the property right and land use right of the store house purchased in partnership, and the other party pays the down payment (see Article 2) to the defaulting party, then it owns all the property right share and land use right of the store house.
3. If either party violates other contents of this agreement, it shall compensate the other party for all economic losses.
Eight. any other business
1. As both parties are married, 50% of the property rights of this store belong to the married couple. If one party's marriage breaks down and it is necessary to change the property right again, all expenses arising from the property right change shall be paid by the party that needs to change the property right, and the other party shall actively cooperate.
2. Therefore, the service life of the store is 70 years, so during this period, if one party wants to leave the share of property rights to future generations and needs to change the property rights, all the expenses incurred will be paid by the party that needs to change the property rights, and the other party will actively cooperate.
Nine. other terms
1. For matters not covered in this agreement, both parties shall sign a supplementary agreement after consultation.
2. This agreement shall come into effect after being signed and sealed by both parties. This agreement is made in duplicate,
Each party holds one copy.
X. notary public:
Party A: Party B:
Year, month, year, month, year
Article 3 Partner Party A: IDNo.: Address: Partner Party B: IDNo.: Address: Notary Office: IDNo.: Address: As Party A actively seeks Party B's professional knowledge in the catering industry, it is specially invited to seek the name of the store jointly operated by * * and Party B in An, and through friendly negotiation, the following cooperation agreement is reached on * * * jointly operating the store:
1. Except for maocai and Tandem, Party A and Party B each hold 50% equity in any profitable project of the store.
2. Without the consent of both parties, one party shall not join the partner without authorization. If one party insists on joining the new partner, all losses suffered by the other party shall be fully compensated by the breaching party.
3. Except that Party A and Party B enjoy the rights of equity, capital contribution, account management and operation, others and their relatives have no right to participate and interfere. If one party breaches the contract, it will compensate the other party for all economic losses caused by this store.
4. Except for the electricity and fuel costs incurred by Party A and Party B in contracted business projects, other and subsequent expenses of the store shall be borne by Party A.. ..
5. Either party has no right to ask the other party to withdraw shares or withdraw funds. If one party insists on asking the other party to withdraw its shares, all economic losses and mental losses caused by the store to the other party shall be borne by the breaching party.
6. Both parties have the right to voluntarily withdraw their shares. If one party voluntarily withdraws its shares, it shall be settled through consultation with the other party.
7. At the request of Party A, our store is not allowed to operate Kawasaki and maocai without authorization, and all others can be operated. On the premise of respecting national beliefs, Party B resolutely refuses to operate any project that is not allowed in violation of Islamic laws. If one party breaches the contract, it shall compensate the other party for all economic and mental losses.
8. Unless there are special circumstances, Party B must be on duty at 17:00 every day. Party A must prepare all the ingredients needed by Party B before Party B goes to work. If there is any violation, you should give reasons to the other party, take the initiative to apologize, and strive for the other party's understanding.
9. Except for Party A and Party B, others and their relatives are strictly forbidden to touch cash. If one party embezzles, misappropriates or encroaches, the agreement will be dissolved immediately upon discovery, and the breaching party will compensate the other party100000 yuan. If the circumstances are serious, they may be investigated for legal responsibility.
10. The cooperation period between Party A and Party B is from MM DD YY to MM DD YY, and this agreement shall remain valid during the cooperation period.
1 1. This agreement shall come into effect as of the date of signing, and both parties shall bear all legal responsibilities for this agreement.
12. This agreement is made in triplicate, one for each party and one for the notary. Any agreement has legal effect and takes effect from the date of signing.
Partner Party A (signature and seal):
Partner of Party B (signature and seal):
Notary (signature):
Date, year and month