Catering Share Cooperation Agreement 1 Party A (Partner):
ID number:
Address:
Party B (Partner):
ID number:
Address:
Whereas, Party A and Party B agree to jointly invest in _ _ _ _ _ _ _ _ _ _ _
Rule number one. Commercial purpose
Using the advantages and unique flavor of partners' own fund management, partners can create labor results and share economic benefits through legal means.
Article 2. Term of partnership
Starting from _ _ _ _ _.
Article 3. Amount, method and duration of capital contribution
1. Party A: _ _ _ _ _ year (inclusive) month (inclusive) day (inclusive).
Party B contributes RMB _ _ _ _ _ _ _ (in words: _ _ _ _ _) in the form of _ _ _ _, accounting for _ _ _% of the total number of shares.
2. The capital contribution of all partners shall be paid in full before the date of.
3. The total investment of this cooperation is RMB Yuan only (in words). During the cooperation period, the capital contribution of each partner is common property, and it is not allowed to ask for division at will. After the termination of the cooperation, each partner's contribution will still be owned by the individual and will be returned on the date of termination of the agreement or at the time agreed by the partners.
Article 4. financial management
1, unify the financial expenditure, and the official expenditure of one party must be signed by the shareholder or shareholder representative of the other party before it can be reimbursed by ticket; Private expenses, private expenses and business-related expenses unknown to other shareholders or shareholders' representatives will not be reimbursed; Official reimbursement, purchase, sale, storage, all related business income and expenses must be recorded in the original vouchers and vouchers for shareholders to check at any time.
2. The development decision and main financial use of the restaurant can only be effectively implemented after the highest direct shareholders of both parties agree through consultation and sign off.
3. If the restaurant is profitable, dividends will be paid according to the shares actually held by shareholders.
4. If the development of the restaurant is necessary, or the new shareholders must be signed by the original shareholders when financing, the development decision and major financial use of the restaurant must be passed by the shareholders' meeting, and the resolution can only be implemented after the shareholders' meeting adopts the principle that the minority is subordinate to the majority, otherwise it will be regarded as invalid.
5. The shareholder management representative shall be liable for compensation if he neglects or fails to comply with this agreement and causes losses to other co-investors.
6. Co-investors may object to the shareholders' management representative's execution of joint investment affairs. When an objection is raised, the execution of the transaction shall be suspended. In case of dispute, it shall be decided by all co-investors.
7. When managing cash and petty cash, it shall not be used for other purposes, otherwise it shall be liable for compensation.
Article 5 Surplus, Wage Distribution and Debt Undertaking
1. Income distribution: after excluding operating costs, daily expenses, wages, bonuses and taxes to be paid, the income is net profit, that is, the cooperative's income-generating surplus, which is the key point of cooperative distribution and will be distributed according to the proportion of partners' capital contribution.
2. Debt commitment: In case of debt in the course of cooperative operation, the cooperative debt shall be repaid in priority by the partnership property; If the cooperative property is insufficient to pay off, it shall be borne in proportion to the capital contribution of each partner.
Article 6. Transfer, withdrawal and contribution of capital contribution
1 investment
(1) The investment of new partners must be approved by all partners;
(2) The new partner acknowledges and signs this cooperation agreement;
(3) Unless otherwise agreed in the investment agreement, the new partner who invests in the company enjoys the same rights and assumes the same responsibilities as the original partner; The new partners who have contributed capital shall be jointly and severally liable for the debts of the cooperative enterprise before contributing capital.
2. Capital withdrawal
(1) Voluntary withdrawal of capital. During the term of operation, under any of the following circumstances, the partner may withdraw his capital contribution:
(1) The reasons for withdrawing capital contribution agreed in the cooperation agreement appear;
(2) Withdrawing capital contribution with the written consent of all partners;
(3) The partners have legal reasons that make it difficult to continue to participate in the joint venture;
If a partner withdraws his capital contribution without authorization and causes losses to the cooperative enterprise, he shall compensate all the losses of the other partners.
2 of course. In any of the following cases, partners will of course withdraw their capital:
1. Dead or declared dead according to law;
(2) Being declared as a person without civil capacity according to law;
(3) the individual loses solvency;
(4) All property shares of the contractual joint venture enforced by the people's court.
The effective date of withdrawing capital contribution under the above circumstances is the actual date.
(3) delisting. Under any of the following circumstances, the partner may be removed by resolution with the unanimous consent of other partners:
① Failure to fulfill the obligation of capital contribution;
(2) Causing economic losses to the contractual joint venture due to intentional or gross negligence;
(3) misconduct in the execution of contractual joint venture affairs;
(4) Other reasons stipulated in the cooperation agreement;
The resolution on the removal of a partner shall be notified to the removed celebrity in writing. The removed celebrity shall take effect from the date of receiving the notice of removal, and the removed celebrity shall withdraw his shares. If the removed celebrity refuses to accept the removal resolution, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice of removal;
After the partners withdraw their shares, the other partners and the personnel who withdraw their shares shall carry out liquidation according to the property status of the cooperative enterprise at the time of withdrawal.
3. Transfer of capital contribution
Allow partners to transfer all or part of their property shares in the cooperation. Under the same conditions, other partners have the priority to be assigned. If it is transferred to a third party other than the partner, the third party will be treated as a new investment, otherwise it will be treated as a refund from the transferor. If a third party other than a partner receives the share of the property of the cooperative enterprise, it will become a partner of the cooperative enterprise after the modification of the cooperation agreement.
Article 7. Rights and obligations of partners
1. Rights of partners:
(1) The decision-making power, supervision power, specific business activities and important matters of cooperation affairs shall be jointly decided by partners A and B;
(2) Partners have the right to distribute the cooperation income;
(3) The partners shall distribute the cooperative benefits according to the proportion of capital contribution or the agreement, and the property accumulated by the cooperative operation shall be jointly owned by the partners;
(4) Partners have the right to withdraw their capital.
2. Obligations of partners:
(1) Maintain the unity of partnership property according to the cooperation agreement;
(2) Debt sharing and cooperative operating losses;
(three) to bear joint and several liability for cooperative debts.
Article 8. Prohibited behavior
1. Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of cooperation without permission; If the benefits obtained from its business belong to all partners, the losses caused by it shall be fully compensated by the partners themselves;
2. Prohibit the partners from participating in the business similar to or competing with this cooperation project;
3. Unless otherwise agreed in the cooperation agreement or agreed by all partners, the partners shall not conduct transactions with the joint venture;
4. Partners shall not engage in activities that harm the interests of the cooperative enterprise.
Article 9. Termination and liquidation of cooperation
1. The cooperation is terminated due to the following circumstances:
(1) The cooperation period expires;
(2) All partners agree to terminate the cooperative relationship;
(3) It has no legal partner;
(4) The cooperation transaction is completed or cannot be completed;
(5) Being revoked according to law;
(6) Other reasons for the dissolution of the contractual joint venture as stipulated by laws and administrative regulations.
2. Liquidation of cooperation:
(1) Liquidate the cooperation after dissolution and notify the creditors;
(2) The liquidator shall be appointed by all partners or agreed by more than half of all partners, and shall appoint partners or partners to jointly liquidate or entrust a third person such as lawyer and accountant to act as liquidator within 15 days after the dissolution of the cooperative enterprise. /kloc-If the liquidator is not determined within 0/5 days, the partners or other interested parties may apply to the people's court for the appointment of the liquidator;
(3) After paying the liquidation expenses, the property of the cooperative shall be paid off in the following order: the wages and labor insurance expenses owed by the cooperative, the taxes owed by the cooperative, the debts of the cooperative, and the capital contribution returned to the partners;
(4) If there is any surplus after settlement, it shall be distributed according to this Agreement;
(5) When the contractual joint venture suffers losses during liquidation, the part of the contractual joint venture's property that is insufficient to pay off shall be handled according to the residual distribution method. Each partner shall bear unlimited joint and several liability, and if the amount paid by the partner exceeds the amount he should bear due to joint and several liability, he shall have the right to recover from other partners.
Article 10 Liability for breach of contract
1. If the partner fails to pay the capital contribution in full and on time, it shall compensate the losses caused to other partners; If the membership fee is not paid in full within 15 days after the deadline, it will be treated as withdrawal;
2. If a partner transfers his share of property without the unanimous consent of the other partners, and the other partners are unwilling to accept the transferee as a new partner, it can be treated as withdrawing capital contribution, and the transferred partner shall compensate all the losses caused by the other partners;
3. If a partner pledges his share of property in the joint venture without permission, his behavior is invalid, and if losses are caused to other partners, the partner shall bear all the liability for compensation;
4. If the cooperative enterprise is dissolved due to serious violation of this agreement or gross negligence or violation of the partnership enterprise law, it shall be liable for compensation to other partners;
5. If a partner violates the provisions of this agreement, it shall make full compensation according to the actual losses of other partners. If a partner refuses to listen, other partners can collectively decide to remove him.
Article 11 Solution of agreement dispute
All disputes arising from or related to this agreement shall be settled by the partners through consultation. If negotiation fails, it shall be submitted to the Arbitration Commission for arbitration. The arbitral award is final and binding on all parties.
Article 12, Others
1. Upon consensus, the partners may modify this Agreement or supplement matters not covered; In case of any conflict between the supplementary and modified contents and this Agreement, the supplementary and modified contents shall prevail;
2. The new investment contract can be an integral part of this agreement;
3. This agreement was signed on, year, month and year.
4. This agreement shall come into effect after being signed and sealed by all partners.
Party A:
Signature time: _ _ _ _ _ _
Party B:
Signature time: _ _ _ _ _ _
Catering Share Cooperation Agreement 2 Party A:
Current address and mailing address:
Contact telephone number:
Fax:
Post:
Party B:
Address:
Contact telephone number:
Based on:
1. Party A has square meters of catering business premises on the roads in provinces and cities (the specific area is subject to the area indicated in documents such as real estate license, lease contract and relevant warrants and copies of lease contract).
2. Party B has operational and management advantages in the catering field, and Party A has inspected Party B and fully understood its advantages.
Three. Party A and Party B reached a cost agreement on, and agreed to abide by all the following contents after full consultation in accordance with relevant national laws and regulations:
Four. After the signing of this agreement, Party A shall pay Party B a one-time technical cooperation fee of RMB 1 ten thousand Yuan;
Verb (abbreviation of verb) The term of cooperation between Party A and Party B is years;
The technical support provided by intransitive verb Party B includes:
1, according to the requirements of Party A, equip the team of Hunan cuisine chefs to ensure that the team of Hunan cuisine chefs is relatively stable, and the production capacity and quality reach the level of the same type of catering in Liuzhou;
2. The chef team appointed by Party B shall sign another chef management contract with Party A;
3. Party B appoints the chef to be responsible for the standardization, scientification and institutionalization of the positioning, development and production process of hotel dishes. The electronic text menu shall be issued for the design of dishes (the guest menu shall be the responsibility of Party A);
4. Party B shall design and sign a design contract according to the requirements of Party A (Party A must design the logo and VI system by itself);
5. Party B is responsible for making hotel management and market positioning;
6. Party B is responsible for the standardization and institutionalization of front desk services;
7. Party B is responsible for the skills training of hotel employees (7 days);
8. Party B shall provide Party A with the preparation plan, material plan, marketing system, printed matter design, logo and opening label design and opening planning scheme;
9. Party B shall provide Party A with later business consultation and analysis, and conduct regular supervision as required;
10. Party B shall provide Party A with the development of new dishes on a regular basis, with no less than 4 new dishes per month, and provide a food festival plan according to the seasonal demand;
1 1. If Party A opens another branch, Party A can use the model and system provided by Party B for free, but if it is necessary to appoint a chef team and training for the branch, the management fee will be negotiated separately;
12. When this agreement is terminated for whatever reason, Party A must unconditionally pay the salary and deposit to all personnel appointed by Party B. ..
Seven. Any dispute arising from the execution of this agreement shall be settled by both parties through consultation. If negotiation fails, Party A and Party B shall bring a lawsuit to their respective people's courts.
Eight. This agreement shall come into force as of the date of signature by both parties; Matters not covered shall be settled by both parties through consultation.
IX. The original of this Agreement is in duplicate, one for each party, with the same legal effect.
Attachment:
1. Copies of ID cards of both parties.
2. Kitchen management contract.
3. Design contract
Party A: Party B:
Date:
Catering Share Cooperation Agreement 3 Party A:
Party B:
On the basis of equality, voluntariness and consensus, Party A and Party B have reached the following agreement on joint investment and operation of catering companies:
1. Party A has the right to use the catering franchise brand "Chinese Restaurant" in Beijing, and has the secret recipe of catering technology, and Party B has the funds. Now the two sides have decided to use their respective advantages to set up a catering limited liability company (hereinafter referred to as the company) in Beijing to jointly operate and make profits.
Two. The shareholders of the company are Party A and Party B. The business address of the company is in Beijing, and the specific address is tentatively set in the downtown area of Beijing. . The name of the company is tentatively set as, the business scope of the company is, the legal representative of the company is, and the executive director is, subject to the industrial and commercial registration. The business premises of the Company shall be leased by Party B. ..
Three. The registered capital of the company is RMB (hereinafter referred to as the total investment). Party A accounts for 49% of the registered capital, and Party B accounts for 565,438+0% of the registered capital, and shall bear risks and share profits according to this ratio. All the registered capital is paid by Party B, and 49% of the capital contribution that Party A should bear is also paid by Party B on behalf of Party A. If the company is established, Party B does not require Party A to repay 49% of the capital contribution, which is regarded as a gift from Party B to Party A. ..
Fourth, use the brand agreement:
1. The right to use the Beijing area comes from the joining contract signed by Party A and the company. The contract is valid for one year, but it can be renewed. The initial joining fee is RMB 654.38+700,000 Yuan, which shall be paid by Party A. Now both parties agree that Party B shall bear 565,438+0% of RMB 654.38+700,000 Yuan, and Party B shall pay it to Party A on.
2. The use basis of the right to use depends on the franchise contract, and Party A does not make any special guarantee.
3. After the establishment of the company, only the company can use the brand independently in Beijing, and neither Party A nor Party B can use the brand for catering business privately, otherwise it will be regarded as a breach of contract that damages the interests of the company, and the profits from this illegal operation will be owned by the company.
The company is actually managed by Party A. Party B is responsible for the investment and strategic expansion planning. Specific division of labor, the two sides will formulate the company system.
5. All Party A's cooking technical secrets are owned by Party A, not the property of the company, but Party A can authorize the company to use them, and the authorization period is determined by Party A ... However, the authorized use is not exclusive and cannot restrict other uses of Party A..
The intransitive verb this agreement is a framework agreement. For matters not covered, both parties shall sign a supplementary agreement after friendly negotiation.
7. If the Company fails to obtain the industrial and commercial business license within days from the date of signing this agreement, this agreement will be dissolved automatically, and both parties will not be liable for breach of contract.
Eight, after the signing of this agreement, any party refuses to perform this agreement, shall bear the liability for breach of contract to the other party and pay liquidated damages of RMB.
Nine. This agreement is made in duplicate and shall come into force after being signed and sealed by both parties. Each party holds one copy, which has the same legal effect.
X if there is any dispute in this agreement, it shall be submitted to the jurisdiction.
Party A: Party B:
Date:
Catering Share Cooperation Agreement 4 Party A:
ID number:
Domicile:
Party B:
ID number:
Domicile:
Party A and Party B have reached the following cooperation agreement based on the principles of fairness, equality and mutual benefit:
Article 1 Party A and Party B voluntarily cooperate to operate catering projects.
Mode of contribution by Party A: amount: in words (in figures) Payment mode: amount of contribution by Party B: amount: in words (in figures) Payment mode:
Article 2 This partnership enterprise shall establish a partnership enterprise according to law. Enterprise name: main business place: legal representative: ID number:. During the partnership period, the contributions made by the partners shall be common property and shall not be divided at will. When the partnership enterprise is terminated according to law or due to legal reasons, the profits and losses of the enterprise shall be borne in proportion in accordance with the relevant provisions of this agreement.
Article 3 Management mode of partnership enterprises
1. From the effective date of this agreement, all partners entrust Party A to manage and operate the partnership, and other partners enjoy the rights as partners stipulated by law.
2. Party B is responsible for financial management. When Party A needs funds, it shall inform Party B in advance to make preparations. Party A must keep accounting vouchers for the amount used, and the accounting system is clear.
Article 4 The validity period of this Agreement is tentatively set at ten years, counting from the effective date of signing by both parties, that is, from the date of.
Article 5 The profits generated by the execution of the partnership firm by the partners belong to all the partners, and the losses or civil liabilities generated shall be borne by all the partners. The profit and loss of the enterprise shall be shared by both parties, and shall be shared by 50% of Party A and 50% of Party B. ..
Article 6 The matters of joining and withdrawing from the partnership in the course of business operation shall be implemented in accordance with relevant laws and regulations.
Article 7 After the expiration of this Agreement, if neither party requests to terminate this Agreement, it shall be deemed that both parties agree to continue to perform this Agreement, and this Agreement shall remain valid. If the cooperation is no longer continued, the withdrawing party shall submit a written withdrawal document to the other party three months in advance and hand over its own information about the contract project and customer resources to the other party.
Article 8 Dispute settlement
Disputes arising from the execution of this contract shall be settled through friendly negotiation; If negotiation fails, both parties shall bring a lawsuit to the local people's court according to law.
Article 9 Handling of breach of contract
1. If one party violates any terms of this contract, the observant party has the right to terminate the execution of this contract and demand the defaulting party to compensate the losses according to law.
2. If one party's behavior is not conducive to the development of the partnership, or the partnership is dissolved due to gross negligence or violation of national laws and regulations, the observant party has the right to terminate the execution of this contract and demand the defaulting party to compensate the losses according to law.
Article 10 Termination of Agreement
1. If one party violates this cooperation agreement, the other party has the right to terminate the cooperation agreement;
2. The cooperation agreement expires;
3. Both parties agree to terminate this agreement;
4. If one partner has legal problems and acts harmful to the enterprise, the other partner has the right to terminate the cooperation agreement.
Article 11 The partnership enterprise terminates its financial liquidation.
1. After the partnership is terminated, it shall carry out financial liquidation and notify the creditors;
2. The partnership property shall be returned to the partners after paying the liquidation expenses. Pay off in the following order: wages owed by partners to employees, taxes owed by partnership, and debts of partnership.
3. If there is any surplus after settlement, it shall be distributed according to the proportion of capital contribution.
Article 12 For matters not covered in this agreement, both parties may sign a supplementary agreement through consultation, and the supplementary agreement agreed by all partners has the same legal effect as this agreement.
Article 13 This Agreement is made in duplicate, with each partner holding one copy, which has the same legal effect. This agreement shall come into force as of the date of signature (or seal) by both parties.
Party A: (signature) Party B (signature):
ID number: ID number:
Contract signing place:
Contract signing time: