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Share distribution plan for catering partners

if a partner transfers shares, other partners may negotiate to purchase the transferred shares. Unless otherwise agreed in the partnership contract, if a partner transfers all or part of his share of property to a person other than the partner, the other partners must agree unanimously. So what is the equity distribution plan for catering partners? In order to help you better understand the relevant legal knowledge, we have sorted out the relevant contents. Let's take a look. (1) A citizen who provides funds or goods in kind according to the agreement and agrees to participate in the partnership surplus distribution, but does not participate in the partnership operation and labor, or provides technical services without providing funds or goods, but agrees to participate in the surplus distribution, is regarded as a partner. (2) All partners shall be jointly and severally liable for the losses incurred by the partnership; Internally, it should be shared according to the proportion of debt or capital contribution agreed in the agreement. If the agreement does not stipulate the proportion of debt or capital contribution, it can be shared according to the agreed or actual proportion of surplus distribution. However, the partners who are at fault for causing losses in partnership operation shall bear more responsibilities according to the degree of their fault. (3) Partners who only provide technical services but do not provide funds or objects shall also be jointly and severally liable for the losses incurred by the partnership; Internally, it should be borne in accordance with the proportion of debts agreed in the agreement or the proportion of capital contribution discounted by technical services; If the agreement does not stipulate the proportion of debt or capital contribution, it may be borne according to the agreed proportion or the actual proportion of surplus distribution of partners; If there is no surplus distribution ratio, it shall be borne according to the average investment ratio of other partners. (4) Individual partnerships or individual industrial and commercial households, although wrongly registered by the administrative department for industry and commerce as enterprises under collective ownership, shall be treated as individual partnerships or individual industrial and commercial households. (5) If there is no written partnership agreement between the parties, but they meet other conditions for partnership, and there are two or more oral partnership agreements without proof of interested parties or other evidence, they can be considered as partnership. (6) If there is an agreement in a written agreement to add partners in the process of partnership, it shall be handled according to the agreement; if there is no agreement in a written agreement, it must be agreed by all partners; if there is no agreement from all partners, the admission shall be deemed invalid. (7) If a partner withdraws from the partnership and there is an agreement in a written agreement, it shall be handled according to the written agreement; if there is no agreement in the written agreement, it shall be allowed in principle. If losses are caused to other partners due to his withdrawal from the partnership, the reasons and reasons for his withdrawal and the faults of both parties shall be considered to determine his response. (8) If losses occur during the partnership, and the partners fail to share the partnership debts as agreed or reasonably when withdrawing from the partnership, the withdrawing partner shall be liable for the debts of the original partnership; If the quitter has shared the debts of the partnership, he shall still be jointly and severally liable for the part of the debts that the partnership property is insufficient to pay off when he quits the partnership. (9) The partnership property divided when the partners quit the partnership shall include the property invested during the partnership and the property accumulated during the partnership, as well as the creditor's rights and debts during the partnership. In principle, the original things that have joined the partnership should be returned when they quit; If it is difficult to retreat at one time, it can be retired in batches; If it is really difficult to return the original, it can be discounted. (11) When the partnership is terminated, if there is a written agreement, it shall be handled according to the agreement; If there is no written agreement and negotiation fails, if the capital contributions of the partners are equal, the majority opinion shall be considered as appropriate; Where the amount of capital contribution of partners is different, it shall be handled according to the opinion of the partner whose capital contribution accounts for more than the total partnership property, but the interests of other partners shall be protected. (11) Partners who collude with each other to evade the debts of the partnership shall be ordered to bear the liability for repayment, and may also be dealt with in accordance with the provisions of the third paragraph of Article 134 of the General Principles of the Civil Law. (12) In the Civil Code, the term "to bear the liability for repayment with their own property" means that if the partners contribute with their personal property, they shall bear it with their personal property; The partner shall contribute with the property owned by his family and undertake with the property owned by his family; Where a partner contributes with personal property, and the income from the surplus distribution of the partnership is used for the life of his family members, it shall be borne by the partner's personal property first, and the insufficient part shall be borne by the partner's family property. 2. Share allocation for two people in partnership to start a business. In order to avoid unnecessary disputes in the future, it is suggested that the share allocation method should be determined by the real proportion of capital contribution. If a shareholder shares in a non-monetary way, the best way is to evaluate the non-monetary resources and buy shares at the price negotiated by both parties. For example, if the registered capital of a company is 1 million yuan, one of them will make a non-monetary contribution of 211,111 yuan, and if the other party does not add monetary contributions, the ownership structure of the two people should be 211,111 yuan. In order to balance their different contributions to the company's development in terms of business ability and resources, they can make up for it through salary+commission, so as to balance the contradiction and conflict of interest between their contributions and benefits to the company. For the topic of how to realize overall control, the practice of company law is based on the proportion of shares. For example, holding 67% of shares is considered as absolute holding, which has the advantage of complete right to speak, 51% is considered as having relative ruling power, and 34% is considered as the person who must ask for decision. Unless otherwise agreed in the articles of association and the partnership agreement, holding 67% of the company's shares can basically achieve absolute dictatorship in any decision. Iii. How to obtain the shares of the partner If the partner sells the shares, the other partners may negotiate to purchase the sold shares. Unless otherwise agreed in the partnership contract, if a partner transfers all or part of his share of property to a person other than the partner, the other partners must agree unanimously. Article 974 of the Civil Code of the People's Republic of China * * * Unless otherwise agreed in the partnership contract, if a partner transfers all or part of his share of property to a person other than the partner, it must be unanimously agreed by the other partners. The above is the relevant content of the equity distribution plan for catering partners. If a partner sells shares, other partners can negotiate to buy the sold shares. Unless otherwise agreed in the partnership contract, if a partner transfers all or part of his share of property to a person other than the partner, the other partners must agree unanimously.