In today's society, the agreement is closely related to our lives, and the signing of a signed agreement is one of the most effective legal basis. What kind of agreement is valid? The following is my compilation of 4 shareholding agreement, I hope to be able to help you.
Shareholding Agreement Part 1Identification card number:
Correspondence address:
Postal code:
Contact person:
Telephone:
Fax:
Account number:
E-mail address:
Party C:
Legal residential address:
Legal representative Legal Representative:
Position:
Appointed Agent:
ID Card No.
Correspondence Address:
Postal Code:
Contact Person:
Telephone:
Fax:
Account No.
Email Address:
In order to regulate the behavior of the partnership, and protect the partnership and its members, we are going to make the following arrangements.
Article I. Purpose of partnership
A, B, C three parties in the spirit of mutual benefit, *** with the labor, *** with the business, *** with the development of the principle of *** with the operation of the beauty salon affairs.
Article 2: Overview of the partnership
Name:
Place of business:
Scope of business:
Mode of business:
Article 3: Term of partnership
The term of the partnership shall be for a period of one year, commencing from the day of the month of the year and ending on the day of the month of the year.
Article 4: The partnership shall be for a period of three years, commencing from the day of the month of the year and ending on the day of the month of the month of the year.
Article 4 Mode of Capital Contribution
1. Party A: the amount of capital contribution is yuan, in the form of capital contribution, accounting for % of the registered capital;
2. Party B: the amount of capital contribution is yuan, in the form of capital contribution, accounting for % of the registered capital;
3. Party C: the amount of capital contribution is yuan, in the form of capital contribution, accounting for % of the registered capital. The partnership capital *** counts RMB yuan. During the period of partnership, each partner's capital contribution is still **** property, shall not
arbitrary request for division. After the termination of the partnership, the capital contribution of each partner shall remain as personal property and shall be returned at that time. During the existence of the partnership, the capital contributions of the partners and all the gains obtained in the name of the partnership are the property of the partnership, and their legitimate rights and interests are protected by law.
Article 5: Period of Capital Contribution
The capital contribution of each partner shall be paid in full by the day of the month of the year. If the capital is not paid overdue or not paid in full, the partners shall pay bank interest on the unpaid amount and compensate for the loss caused.
Article 6 Capital Contribution Assessment
Capital contribution in kind (or industrial property rights, non-patented technology, land use rights) shall be assessed by an assessment agency qualified as an enterprise legal person, and the transfer of property rights shall be handled according to the law within a few days after the verification of the registered capital of the company, and the relevant certificates shall be submitted to the company registration authority when applying for the establishment of the company registration.
Article 7: Registration of Partnership
All the partners agree to designate as the representative or **** the same commissioned agent (meaning the company's staff with agency business or the lawyer of the law firm) as the applicant to apply to the registration authority for pre-approval of the name of the enterprise for registration and registration of establishment. The applicant shall guarantee the authenticity, validity and legality of the documents and papers submitted to the registration authority, and bear responsibility.
Article 8 Finance and Accounting
The Partnership establishes the property and accounting system of the Partnership in accordance with the "Accounting Law of the People's Republic of China*** and the State of China" and the provisions of the "General Principles of Enterprise Finance" and the "Accounting Standards for Enterprises" issued by the Ministry of Finance.
Article 9 Distribution of Surplus
1, the partnership parties *** with the business, *** with the labor, *** to bear the risk, *** negative profit and loss.
2. Surplus distribution is based on a proportional distribution. The partnership distributes the after-tax profit (loss) of the year in the following order;
(1) withdraw 10% of the legal reserve fund;
(2) withdraw 5-10% of the legal public welfare fund;
(3) the remaining profit (loss) according to the proportion of partner's contribution to the distribution (share).
3. If there is any other change in the distribution of profits and losses of the partnership, the specific plan shall be decided by all the partners through consultation.
Article 10 Debt assumption
1. The debts of the partnership shall be repaid by the property of the partnership.
2. If the partnership property is not enough for repayment, the partners shall bear the debts in proportion to their respective contributions.
3. If there is any change in the assumption of the debts of the partnership, the specific plan shall be decided by the consultation of all the partners.
4. If one or more partners execute the affairs of the partnership, they shall report the execution of the affairs as well as the operation and financial status of the partnership to the other partners who do not participate in the execution of the affairs in accordance with the agreement, and the income generated from the execution of the affairs of the partnership shall be attributed to all the partners, and the losses or civil liabilities incurred shall be borne by all the partners.
Article 11 Delegated Executor
The partners decide to delegate the execution of partnership affairs to a party (one or several) and issue a power of attorney of the partnership.
Article 12 Duties of the executor
The executor of the affairs of the enterprise shall be responsible to all the partners and shall exercise the following duties:
1. To conduct external business and enter into contracts;
2. To preside over the day-to-day production, operation and management of the partnership;
3. To draw up a specific plan for the distribution of the profits of the partnership or the sharing of the losses;
4. To decide on the appointment of a party (one or several parties) and issue a power of attorney of the partnership.
4. To formulate plans for the establishment of internal management organizations of the partnership;
5. To formulate specific management system or rules and regulations of the partnership;
6. To propose the appointment of management personnel of the partnership;
7. To formulate plans for the increase of capital contribution of the partnership;
8. To report to the other partners on the implementation of the affairs of the partnership, as well as the operation and financial status of the partnership on a half-yearly basis;
9. To make reports to the other partners on the status of the partnership, as well as the operation and financial status of the partnership. The implementation of the affairs of the partnership as well as its business and financial status shall be reported to the other partners every half a year;
9. Unless otherwise provided in the Partnership Law, the resolution on matters relating to the partnership shall be adopted by the vote of more than two thirds of the partners, and the voting shall be carried out on the basis of one person, one vote, except that, in the event of an equality of votes between the two parties to a dispute, the partner who is executing the affairs of the partnership shall have the right of adjudication.
Article 13 Rights of other partners:
1. Have the right to supervise the partner who executes the affairs, and check his/her execution of partnership affairs;
2. Have the right to inspect the books of accounts in order to understand the operation and financial status of the partnership;
3. If the partner who has been entrusted with the execution of partnership affairs does not execute the affairs in accordance with the Agreement or the decision of all partners, have the right to decide to withdraw from the partnership. If the partner entrusted with the execution of partnership affairs does not execute the affairs in accordance with this Agreement or the decision of all the partners, he has the right to decide to revoke the entrustment;
4. When the partners execute the affairs of the partnership separately, the other partners have the right to raise objections to the affairs executed by the partners. When the objection is raised, the execution of the matter shall be suspended.
Article 14 Decision on the affairs of the enterprise
The following affairs of the enterprise must be agreed by all the partners:
1) disposing of the real estate of the partnership;
2) changing the name of the partnership;
3) transferring or disposing of the intellectual property and other property rights of the partnership;
4) applying for for registration of changes;
5. providing guarantees for others in the name of the partnership;
6. appointing persons other than the partners to be the management personnel of the partnership;
7. admission of new partners and withdrawal of partners;
8. transactions of the partners with the partnership;
9. increase in the capital contribution of partners to the partnership for expanding the scale of business or for the purpose of expanding the scale of business or for the purpose of expanding the scale of business or for the purpose of expanding the scale of business; and The partners shall increase their capital contribution to the partnership for the purpose of expanding the scale of operation or making up for losses;
10. Matters agreed upon in accordance with the partnership agreement.
Article 15 Prohibited Acts
A partner must be prohibited from doing any of the following during the period of partnership:
1. A partner is prohibited from doing business on his own or in cooperation with others in a business that competes with the partnership;
2. A partner is prohibited from carrying out business activities privately in the name of the partnership without the consent of all the partners;
3.
If a partner violates any of the above articles, the benefits gained from his/her business shall go to the Partnership, and the losses caused shall be compensated according to the actual losses. If the partner is not dissuaded, he/she can be removed from the partnership by the decision of the other partners.
Article 16 Entry into Partnership
The entry of a new partner into the Partnership shall be carried out in the following order:
1. Consent of all partners is required;
2. The original partner informs the new partner of the business and financial status of the original enterprise;
3. Entry into the Partnership Agreement is concluded in accordance with the law;
4. The new partner enters into the Partnership and bears joint and several liabilities for the debts of the enterprise prior to the entry into the Partnership. The new partner is jointly and severally liable for the debts of the enterprise before the partnership.
Article 17 Circumstances under which a partner may withdraw from the partnership
(1) If the partnership agreement stipulates the duration of the partnership, a partner may withdraw from the partnership under one of the following circumstances:
1. The occurrence of the reasons for withdrawal as stipulated in the partnership agreement;
2. With the consent of all the partners to withdraw;
3. The occurrence of a circumstance that makes it difficult for the partners to continue to participate in the partnership;
4. The new partner is jointly and severally liable for the debts of the enterprise before joining.
4. The other partners seriously violate the obligations agreed in the partnership agreement.
(2) If the partnership agreement has not agreed on the period of operation of the partnership, a partner may withdraw from the partnership without adversely affecting the execution of the affairs of the partnership, but shall notify the other partners thirty days in advance. Article 18: Cases of Certain Withdrawal
A partner shall withdraw from the partnership if he/she:
1. dies or is declared dead according to law;
2. is declared incapable of civil behavior according to law;
3. loses his/her ability to repay debts;
4. has his/her share of the entire property of the partnership enforced by the people's court.
Article 19 Cases of Removal of a Partner from the Partnership
A partner may be removed from the Partnership by a resolution with the unanimous consent of the other partners in any of the following cases:
1. Failure to fulfill the obligation to make capital contributions;
2. Causing losses to the partnership enterprise due to willfulness or gross negligence;
3. Improper acts in the execution of the affairs of the partnership enterprise;
4.
4. Other reasons agreed in the partnership agreement.
Article 20 Withdrawal Procedures
When a partner withdraws from the partnership, the withdrawal shall be carried out in the following order:
1. The withdrawal shall be notified to the other partners 30 days in advance, and the withdrawal shall be agreed upon by all the partners and a written agreement shall be signed;
2. When a partner withdraws from the partnership, the other partners shall settle the settlement with the withdrawn person in accordance with the status of the partnership's property at the time of withdrawal, and return the withdrawn person's share of the property; the withdrawal of the share of the property; and the withdrawal of the share of the property of the withdrawing person. The withdrawing partner shall be liable for any losses or debts of the partnership incurred before his/her withdrawal in proportion to his/her capital contribution;
3. If the withdrawing partner has any unfinished affairs of the partnership, the settlement shall be made after they are settled;
4. No matter what kind of capital contribution is made by the withdrawing partner, the withdrawing partner shall be refunded in money or in kind in accordance with the actual situation of the enterprise as determined by the whole group of partners;
5. Article 21 Transfer of Capital Contributions
The transfer of capital contributions by a partner must comply with the following conditions:
1. The transfer of capital contributions by a partner is subject to the consent of all partners;
2. When a partner transfers capital contributions in accordance with the law, the other partners shall have the priority to receive the capital contributions under the same conditions;
3. The transfer of capital contributions to a third party other than a partner of the enterprise is treated as an entry into the enterprise.
4. Where a partner transfers capital contributions in accordance with law, the transferee shall become a partner of the enterprise upon modification of the partnership agreement, and shall enjoy the rights and bear the liabilities in accordance with the modified partnership agreement;
5. The partners of the enterprise after the transfer of capital contributions must meet the quorum as stipulated in the Partnership Law. Article 22 Dissolution of an enterprise
An enterprise shall be dissolved under one of the following circumstances:
1. The expiration of the partnership period and the partners are unwilling to continue the business;
2. The occurrence of the dissolution matters stipulated in the partnership agreement;
3. The decision of all the partners to dissolve;
4. The partners do not have a quorum;
5. The purpose of the partnership has been realized or cannot be realized;
6. The business license is revoked according to the law;
7. Other reasons for the dissolution of the partnership stipulated by laws and administrative regulations arise.
Article 23 Order of Liquidation
1. The liquidation shall be undertaken by all the partners and a person in charge of the liquidation shall be determined or an application shall be made to the People's Court for the appointment of a liquidator;
2. In the event of liquidation of an enterprise, the creditors shall be notified and publicized;
3. The liquidation shall be undertaken by clearing up the property of the enterprise, and preparing the balance sheet and list of the property, respectively;
4. The treatment of the The surplus after liquidation, after paying the liquidation expenses and ****beneficial debts, shall be settled in the order of employees' wages (including medical care, disability benefits and pensions, etc.), taxes, and general claims, and if there is still any surplus, it shall be returned to the capital contributions in accordance with the proportion of the capital contributions;
6. If there is a loss or the enterprise is incapable of repaying the debts after the liquidation, no matter how much the partners have contributed, the capital contributions shall be returned to the enterprise first by the amount of the ****beneficial debts of the ****beneficial debts of the ****beneficial debts. Partners contribute much, the first business **** have property repayment, partnership property is not enough to pay off the part, by the partners according to the proportion of capital contribution;
7, after the end of the liquidation, the liquidation report should be prepared. After signed and sealed by all the partners, the liquidation report shall be submitted to the business registration authority within 15 days for the cancellation of the registration of the partnership.
Article 24 Liability for breach of contract
1. If a partner transfers his share of property without the unanimous consent of the other partners, and if he is unwilling to accept the transferee as a new partner, he may be dealt with as a withdrawal from the partnership, and the transferor shall compensate the other partners for the losses caused by this.
2. If a partner privately pledges his share of property in the partnership, his act shall be invalid, or shall be treated as withdrawal from the partnership; and he shall be liable for any loss caused to the other partners as a result.
3. If a partner seriously violates this Agreement, or causes the dissolution of the partnership due to gross negligence or violation of the Partnership Law, he/she shall be liable to the other partners.
4. If a partner violates the provisions of this contract on prohibited behaviors, he/she shall compensate for the actual loss of the partnership, and those who fail to listen to the dissuasion may be removed from the partnership by the decision of all partners.
Article 25 Declaration and Warranty
The parties signing this agreement make the following declarations and warranties:
1. Each partner is a natural person with independent civil capacity and has the legal right or authorization to sign this agreement.
2. The funds invested in the Company by each of the partners are the legal property owned by the partners.
3. The documents and information submitted by each partner to the Company are true, accurate and valid. Article 26 Confidentiality
Each party to the contract undertakes to keep confidential the documents and information (including trade secrets, company plans, operational activities, financial information, technical information, business information and other commercial secrets) belonging to the other parties and not available from public channels, which it learns of in the course of the discussion, signing, and execution of this Agreement. Without the consent of the original provider of such information and documents, the other party shall not disclose all or part of such trade secrets to any third party. However, unless otherwise provided by laws and regulations or agreed by the parties. Confidentiality period of years.
Article 27 Notices
1. All notices required to be given by one party to the other under this contract, as well as the documents exchanged between the parties and the notices and requirements related to this contract, must be in writing and can be delivered by (letter, fax, telegram, face-to-face delivery, etc.). If the above means cannot be delivered, only by way of public notice.
2. The correspondence addresses of the parties are as follows.
3, a party to change the notice or mailing address, should be changed from the date of change within days, to notify the other parties in writing; otherwise, by the non-notification of the party to assume the relevant responsibilities arising therefrom.
Shareholding Agreement Part 2
Party A: (Legal Representative: _____) Party B: _______
In order to the rapid development of Guofeng car company, but also in order to let the core and backbone of the enterprise within the Guofeng car as their own business dry, the two sides in the actual operation of the *** with the efforts to create greater value, *** system of shareholding dividend agreement is as follows:
1, Party B voluntarily Inject RMB __________ into Party A's total funds within the period of __________ years, from __________ year __________ month __________ to __________ year __________ month _____, during this period, Party B enjoys the net profit of all the stores of Guofeng _____, the dividend realization The date is year month.
2, such as midway party B need to use part or all of the funds, normally speaking, is not allowed, especially the peak season, the funds must be occupied by the payment, but if the special circumstances of the urgent need for money, must be reported to party A in advance, party A and party B together with the analysis of the overall capital turnover depending on the party B and make every effort to meet party B's needs. And according to the bank higher than double the interest rate on fixed deposits and the end of the time to withdraw funds (in full months) to calculate the part of the withdrawal of Party B and all the funds.
3, less than one year of funds do not enjoy the right to dividends.
4, after the expiration, Party A unconditionally according to Party B's requirements:
(1) even with the profit are taken away.
(2) The profit can be taken away, the principal continues to be injected into the national peak car dealership, renewed for the next year agreement.
5, this agreement in duplicate, A and B each party to sign a copy of the effective.
Signature of Party A (legal representative: _____)
Signature of Party B: _______
_____ year _____ month _____ day
Equity agreement Part 3Party A: xx Patentee:
Party B: xx Regional cooperation:
In order to make the new technology as soon as possible into a productive and Patent new products quickly occupy the market, now the implementation of technology into joint production and output value of the way close cooperation, has reached the following agreement:
First, the responsibility of Party A:
1, Party A to provide patented technology name: xx, patent No.: xx, the inventor of the patent: Wan Jinlin.
2, Party A authorized to license Party B in xx exclusive production (including xx) provinces (municipalities). Its right to sell: can be sold in the country; if in the case of Party B can complete the demand of Party A, Party B can produce exclusively in xx.
3, Party A to provide technical project cooperation period of xx years, during the contract period, Party A exempted Party B technology transfer fee of xx million yuan, technology shares, commissioned xx% of the value of technology transfer in the form of joint production.
4, Party A in Party B to pay the cost of technology in the first xx million yuan, in place three days after the commissioning of new products and production, and successively complete the production of Party B technician training.
5, Party A is responsible for xx% of the product sales, sales must be charged to the party in need of goods xx% deposit paid to Party B, otherwise Party B refused to produce and supply.
6, such as the need to expand production or the establishment of branch offices, can be reauthorized by Party A, Party A to assist Party B in the formation of sub-factories, branch offices and group formation, its sub-factories, branch offices, the group's income from Party A 30% commission, commission xx years.
7, in the contract period allows Party B to use the inventor's patent rights, portrait rights and the right to reputation, the use of which must be licensed by the Party.
Second, Party B's responsibility
1, Party B shall be responsible for the formation of the production company and industrial and commercial, tax business formalities and the necessary start-up capital, and to provide plant, production staff, water and electricity, and production equipment, as well as expanding the production funds. Start-up capital (including equipment and pre-shipment fee xx) million dollars.
2, Party B shall pay the cost of xx million yuan when the contract is signed into effect, while Party B has the right to require Party A to produce qualified products, and has the right to require Party A to complete the training of Party B's production and technical personnel within xx days of the contract xx effective xx.
3, Party B in the cooperation with Party A, the right to require Party A on the product of continuous innovation and improvement, the improvement of technology should be the first to give Party B to use, Party B should give Party A appropriate incentives.
4, Party B should report the number of products produced to Party A, and financial disclosure should be implemented, Party B shall not do anything detrimental to Party A's interests.
5, Party B can be responsible for xx% of the product sales, sales before the party in need of goods must also be collected xx% of the deposit before production and supply.
6, the price positioning of Party B's products, should be based on the production cost price plus 45-80%, otherwise the price is too high will affect the sales volume.
7, Party B should be active in the xx region to expand the reproduction, the establishment of branch factories, branch offices, the Group's income from Party B 70% commission, commission xx years.
Third, the responsibility for breach of contract
1, if Party A in the receipt of Party B to pay the initial technology cost fee of xx million yuan in place within xx days, if you can not be debugged or can not produce a qualified product, Party A should be xx days of the Party B's initial technology cost fee returned in full. (Note: Qualified products to 'product testing report' shall prevail, Party A is responsible for sending the products for inspection, and the cost shall be borne by Party B.)
2. If Party B can not produce or give up production after receiving the deposit, resulting in failure to supply in time, Party B shall bear all the economic losses, including the actual economic losses of Party A and the party in need of goods.
3, Party B shall not privately set up branch factories, branches and groups without Party A's permission, or pay Party A the full amount of the technology transfer fee exempted.
Fourth, the treaty
1, the contract period of concealment, Party A is no longer commission, participation and sales, such as the continuation of cooperation, can be discussed separately.
2, the contract period, Party B, such as the continued use of the patentee's portrait and the right to reputation, Party B shall pay a certain amount of portrait and the right to reputation of the use of fees, the cost of another discussion.
3, the validity period of 200xx xx month xx to 20xx xx month xx.
4. This contract shall enter into force on the date of signature by both parties.
Fourth, Remarks:
Party A: xx
Party B: xx
Shareholding Agreement Part 4Party A: ID card number:
Address:
Party B: ID card number:
Address:
Party A in order to better operate the Qingjiangpu District XXX foot massage store (formerly Qingpu District XX foot massage store), absorb Party B into shares. ), absorb party B into the shares. Now on related matters to reach the following agreement:
First, the party operating the business of the foot massage store is located in Qingjiangpu District XXX location. Currently operating in good condition.
Second, Party B invested five million yuan (20xx month has paid two million yuan, 20xx month to pay two million yuan). Accounting for 70% of the shares of the above foot massage store, in the Party's business situation improves, you can repurchase the shares of Party B. (Party B's investment must be in a timely manner. (Party B's investment must be in place in a timely manner).
Third, A, B and the two sides in accordance with the current mode of operation of the foot massage store, the two sides friendly.
Fourth, this agreement in duplicate, both sides signed to take effect.
Party A: Party B:
July 21, 20xx July 21, 20xx