Partnership Agreement 1 Party A:
Party B: ID number: ID number: Contract number: WTB20 1300 1 Signing place: Happiness Coast, Baoan District, Shenzhen; Signing date: 20xx May 1 day.
Party A and Party B jointly set up a training institution called Shenzhen * * * * * * *. In order to clarify the rights and obligations of both parties, this contract is hereby signed and abided by by both parties through consultation.
1. Company management: Party A and Party B jointly operate the * * Post Station with equal capital contribution and equal rights and obligations, and jointly manage all matters related to the Spring * * Post Station, including but not limited to capital investment, product planning, personnel appointment, risk control, benefit distribution, cooperation change, etc. Both parties confirm that Party A is an accountant and Party B is a cashier. The conclusion of a contract, the sale of purchased goods and the repayment of debts shall be confirmed by both parties in writing and entrusted to one party.
2. Capital investment: At the beginning, Party A and Party B each invested RMB 1 10,000 yuan as start-up capital, and both parties invested RMB 1 10,000 yuan in total and deposited it into Party A's account. It is used for the monthly housing rental expenses and the rental deposit for housing rental, including the investment in fixed equipment such as beds, tables and chairs, kitchen utensils, etc., including the investment in consumables such as daily sanitation and washing, including all expenses related to housing rental such as property management fees, utilities, gas fees, network usage fees, and other expenses signed and confirmed by both parties. All income of the organization, including lunch care, post-care and counseling, is deposited into Party A's account, and all income and expenditure are signed by Party A and Party B for confirmation. Unless otherwise agreed, it is regarded as unpaid.
3. Product planning: early planning noon care, late care, and homework counseling at night. When the number of intended applicants is equal to 6 or more, it is necessary to plan and implement course counseling. Due to the increased liability risk and the current soft and hard strength of the project, professional courses will not be offered within one year (except for winter and summer vacations). The products and prices will be released to the public in the designated media or region after negotiation by both parties.
4. Appointment of personnel: No more than 20 students will be enrolled in early lunch care and late lunch care, and 3 students will be appointed by Party A and Party B or their immediate family members. After confirmation by both parties, one person will be recommended for evening homework counseling.
5. Risk control: Conduct training and daily implementation of safety risk management, health risk management and property risk management according to the management system determined by both parties through consultation.
6. Profit distribution: Party A shall issue the profit statement and balance sheet every month for both parties to sign and confirm, and distribute 50% of the operating profit and share 50% of the operating debt according to the profit and loss of the financial statements every quarter.
7. Disposal of assets: All fixed assets are depreciated in equal amount for 24 months. If the two parties terminate the cooperation through consultation, the recipient will receive the depreciated fixed assets; If both parties do not accept the offer, the accelerated depreciation of fixed assets to zero value shall be shared equally by one party and chosen by the other.
8. Change of cooperation: If either party can unilaterally withdraw from cooperation or transfer its shares, it must do so one month before withdrawal, and the creditor's rights and debts shall be liquidated according to the operating results of the month of withdrawal, in which the residual value of fixed assets shall be halved and held by the receiving party.
9. Prohibition: Without permission, no party may conduct business activities in the name of this institution; One party shall not conduct transactions with this institution; One party shall not participate in the business that competes with this institution; One party shall not engage in activities that harm the interests of the cooperative institution.
10. Dispute resolution: Matters not covered shall be confirmed by both parties in the supplementary agreement. In case of any dispute arising from this agreement, Party A and Party B shall first settle it through friendly negotiation. Any dispute arising from or related to this agreement, if friendly negotiation fails, may be brought to the people's court in the place where the contract is signed.
1 1. This contract shall come into effect from the date of signing by both parties, and the cooperation period shall be from August 1 day of 20xx to July 3 1 day of 20xx. After the expiration, a cooperation agreement should be re-signed.
12. This contract is made in duplicate, with each party holding one copy.
Signature of Party A:
Seal of Party A:
Signature time:
Signature of Party B: Seal of Party B: Date of signature:
Chapter II of the Partnership Agreement Party A:
Party B:
Through full consultation, Party A and Party B voluntarily reach the following agreement on partnership matters. Both parties agree to abide by:
Article 1: the purpose of the partnership; Joint cooperation, legal operation, benefit sharing and risk sharing.
Article 2: The name of the partnership enterprise;
Business address:
Article 3: cooperation projects and scope; Tobacco, alcohol and non-staple food, daily necessities, Retail of packaged food.
Article 4: The partnership term is tentatively set at five years, counting from the date of signing this partnership agreement. Upon the expiration of the partnership term, the partnership term may be extended through consultation by all partners, or the partnership operation may be terminated in advance according to market conditions. To terminate or extend the partnership in advance, both parties must reach an agreement six months in advance and go through the relevant formalities before the expiration.
Article 5: The estimated total investment is RMB four hundred thousand Yuan (￥ 400,000). Party A and Party B each hold 50% of the shares and each contributes 200,000 yuan. Party A and Party B will share the excess in proportion. Another note:
1. The capital contribution of the partners shall be paid in full within the specified time.
2. During the partnership period, the capital contributions of Party A and Party B shall be common property, and no share shall be claimed at will.
After the termination of the partnership, the capital contribution of each partner shall be owned by the individual and returned at that time.
Article 6: Division of labor, rights and obligations of partners
1. Party A is elected as the person in charge of the partnership through negotiation between both parties, and is fully responsible for the partnership industry.
Daily operation and management, customer coordination business development and other matters.
2. Party B has the right to supervise the property accounts and be responsible for the actual finance and accounts.
As well as the use of funds such as loans, repayments and daily investments exceeding 65,438+0,000 yuan (those below 500 yuan should be accounted for separately, and vouchers should be kept regularly and reconciled), which must be agreed by both parties.
Article 7: surplus distribution and debt commitment
The two partners jointly operate, cooperate, share risks and share profits and losses.
1, surplus distribution, after deducting water, electricity, heating, rent and employee salaries,
The remaining daily operating expenses, such as taxes, shall be distributed according to the investment ratio of both parties, and the accounts of last month shall be settled before the working day, and the surplus shall be distributed.
2, debt commitment, partnership debt to repay the partnership property, partnership property is not clear.
The remuneration shall be shared by all partners in proportion.
3. Personnel arrangement shall be agreed by both parties through consultation.
Article 8: Liability for breach of contract
1. If a partner transfers his share of property without the unanimous consent of the other partners, if the co-partners are unwilling to accept the transferor as a new partner, they can be treated as quitting the partnership, and the transferor's store will compensate the other partners for the losses caused thereby.
2. The partner violates this agreement and causes losses to the partnership. It shall be liable for compensation to its partners.
Article 9: Settlement of Contract Disputes
All matters related to this agreement shall be jointly negotiated by the partners. If negotiation fails, it can be handled in court.
Article 10: This contract is made in duplicate, with each party holding one copy. This contract shall come into effect after being signed and sealed by both parties.
Signature of Partner Party A:
Signature of Partner Party B:
Month, year, month and month
every day
Chapter III of the Partnership Agreement Name of Party A:
Id card:
Name of Party B:
Id card:
Name of Party C:
Id card:
Name of Party D:
Id card:
Examining the qualifications of partners is the most important aspect of signing a partnership agreement. Because partnership has a strong human nature, partners are generally people who know and trust each other. But choosing partners rationally is not only about familiarity and trust, but also depends on whether they have certain material strength or soft power. The partners of a general partnership shall bear unlimited joint and several liability. Once the enterprise debt cannot be repaid, the partners who have the strength to repay the enterprise debt are at risk of being forced to repay all the debts of the enterprise. If other partners don't have the strength, it will be difficult to recover the part that should not be borne by them.
Party A, Party B, Party C and Party D enter into this Agreement to operate the business activities of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 1 Organization form, enterprise name, business premises, partnership term and business scope.
1. Organizational form: Partners establish a partnership enterprise in accordance with the Partnership Enterprise Law and its relevant regulations.
2. Name of enterprise: All partners engage in business in the name of _ _ _ _ _.
3. Place of business: The principal place of business of all partners is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
4. Term of partnership: the partnership shall be from the date of signing this agreement to the date of.
Not for the following reasons, shall not be terminated in advance:
(1) achieve the expected purpose of this agreement in advance;
(2) After the death, insanity or bankruptcy of one partner, the other partners are unwilling to continue the partnership;
(3) All partners unanimously agree to terminate the contract in advance.
5. Business scope; All partners jointly engage in _ _ _ _ _ _ _ and other business activities, and the business scope shall be subject to the contents approved by the administrative department for industry and commerce and stated in the business license.
Article 2 Contribution
Be sure to find out your partner's contribution. Each different type must be converted into corresponding shares, which is clearly stipulated in the partnership agreement. Only in this way can the rights and obligations of each partner be clearly defined in the future surplus distribution and debt commitment, and disputes will not arise because of unclear proportions.
In addition, if the property contributed by the partners needs to be registered, the obligor, handling time and handling fee shall be clearly stipulated in the partnership agreement. The absence or deficiency of the agreement on these matters will increase the legal risk of enterprises.
1. The total capital contribution of all partners is RMB (total 100%), and all partners have fulfilled their capital contribution obligations according to the types and quantities of capital contribution listed in the following table.
Name of investor
Type of contribution
Value (RMB)
Percentage of total capital contribution
During the duration of the partnership, if it is necessary to recover the investment in order to expand the business scale, each partner shall pay the capital contribution in the proportion listed in the above table within _ _ _ _ _ days after receiving the notice. The above contributions are the common property of the partners.
2. Partners shall not ask for other remuneration for their capital contribution except participating in income distribution.
3. The equity of the partner shall not be transferred to anyone other than the parties to this agreement.
4. When a partner withdraws from the partnership, it shall return the capital contribution according to the property status at the time of withdrawal, the proportion of capital contribution agreed in this agreement and whether the withdrawing partner has fulfilled the capital contribution obligation. If it cannot be returned in kind, it shall be allowed to return cash at a discount.
5. When the withdrawing party sells the returned property, all parties to this agreement have the preemptive right under the same conditions.
Article 3 Residual distribution
The distribution of rights and interests and the division of responsibilities among partners should be clear. Although the partnership shall bear unlimited joint and several liabilities, the internal partners shall share the dividends and bear the debts. Some partnerships have no agreement on this, which leads to disputes between partners when paying dividends or taking on debts, causing unnecessary damage to enterprises.
1. Surplus refers to the net profit after deducting the cost from the total operating income in each fiscal year, and the withholding fund is withdrawn according to _ _ _% of the total operating income.
2. _ _ _% of the net profit shall be distributed according to the proportion of capital contribution.
_ _ _ _% of the net profit is distributed according to the workload (the workload is agreed in the internal work contract according to different types of work).
The' _ _ _% of the net profit is used as welfare expenses, which are evenly distributed according to the number of people.
3. All parties to this agreement have the right to participate in the income distribution.
4. The income distribution plan and operating income and expenditure schedule of each fiscal year shall be published one month before the end of the fiscal year.
5. Partners can review the distribution plan and accounts after publishing the distribution plan and before implementing the distribution plan. If there is any objection to the distribution plan, it shall be discussed and decided by the plenary meeting of the partners.
Article 4 Operation and management of partnership affairs
At the initial stage of cooperation, business partners should be clear about their respective responsibilities, not vague, and should be able to come up with a written analysis of their responsibilities. Because it is a long-term cooperation, it is most important to clarify their respective responsibilities, so that in the later stage of operation, they will not wrangle with each other and turn against each other, and many business cooperation will also have problems because of insufficient details of responsibilities.
1. Partnership affairs are jointly participated by all partners. Controversial, decided by more than half of the leading opinions. No matter how much capital is contributed, each partner has only one vote on partnership affairs.
2. All partners elect _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The managing partner may also propose a business plan, formulate a business plan and submit it to the meeting of all partners for discussion and approval.
3. Within the scope of partnership affairs, each partner (or executive partner) can conduct business on behalf of all partners, and all partners are responsible for the activities of each partner (or executive partner) within the scope of business.
4. Partners should be as cautious in dealing with partnership affairs as they are in dealing with their own affairs.
5. The remuneration of partners in handling partnership affairs shall be stipulated in the internal work contract, and partners shall not ask for kickbacks from the business entities in any form.
6. Partners have the right to consult the account books from _ _ _ to _ _ _ every month, and the partner in charge of accounting shall not refuse.
Article 5 Sharing of partnership debts
1. Partners shall group the partnership debts according to the surplus distribution ratio (or capital contribution ratio) specified in Paragraph 2 of Article 3 of this Agreement. After receiving the notice of debt performance, the partners shall hand over their respective shares to the partner in charge of accounting within _ _ _ _ _ _ _.
2. The new partner shall pay off the partnership debts before his occupation according to the approved proportion of capital contribution and surplus distribution (or not); When withdrawing from the partnership, the quitter shall bear the obligation to pay off the existing partnership debts, regardless of whether the debts are due or not.
Article 6 Access and Exit
1. The acceptance of the new partner must be agreed by all parties to this agreement.
2. During the validity of this agreement, the partners shall not announce their withdrawal from the partnership except for the following circumstances:
If we want to cooperate well, when will one party quit, when will it quit, the proportion of investment and withdrawal, how to compensate, and who will bear it? These should be clearly written in advance and signed in the contract, so that the two sides can successfully end the unnecessary ties in the later stage of the project. Don't be loyal to others and think that everyone is a friend and doesn't care. A reasonable exit mechanism is a very important part of cooperation.
(1) Reasons for early termination listed in Paragraph 4 of Article 1 of this Agreement;
(2) The partnership has been losing money for _ _ _ months;
(3) More than half of the partners cast a vote of no confidence in the partnership.
Or use the following provisions:
A partner may declare his/her withdrawal from the partnership, but he/she shall express his/her intention to withdraw from the partnership in writing one month before the withdrawal, and the other partners unanimously agree to his/her withdrawal.
3. Liquidation shall be conducted in accordance with Article 7 of this Agreement when quitting the partnership.
Article 7 Termination of partnership
1. No matter why the partnership terminates, the balance sheet shall be announced to all partners immediately.
2. The liquidation procedure upon termination is as follows:
(1) Pay off the partnership debts;
(two) to pay off the arrears of wages;
(3) Returning the capital contribution;
(4) Distribution of surplus.
Due to the human nature of partnership, it is impossible to specify the liability of partners for breach of contract in the laws related to partnership. Therefore, it is suggested that when negotiating the partnership agreement, all partners clearly stipulate the liability of the partners for breach of contract, which will be more convenient to implement in case of breach of contract and require the defaulter to bear the liability as agreed.
Article 8 A partner who violates the partnership agreement shall be liable for breach of contract according to law.
Article 9 Others
1. The fiscal year of a partnership begins on _ _ _ _ of each year and ends on _ _ _ _ of the same year.
2. The detailed accounts of the partnership enterprise shall fully reflect the operating conditions, capital turnover and tax payment of the partnership enterprise.
3. At the end of the year, the person in charge of the partnership shall send a copy of the annual balance sheet and business report to each partner. If a partner fails to raise a written or oral objection to the person in charge of the partnership within _ _ _ months after receiving the above copy, it is presumed that he has no objection to the operation of the year.
4. Partners shall list the bank accounts opened in the name of the firm, and bank checks and promissory notes shall be jointly signed by the person in charge of the partnership and the partner in charge of accounting.
5. The partnership agreement may be amended or supplemented with the unanimous consent of all partners. Matters not covered in this agreement shall be implemented in accordance with relevant state regulations.
(There is no text below)
Signature of Party A's contractor:
Date of signing the contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ \
Signature of Contractor of Party B:
Date of signing the contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ \
Signature of the signatory of Party C:
Date of signing the contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ \
Signature of the signatory of Party D:
Date of signing the contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ \
Article 4 of the Partnership Agreement: Party A: Gui Youchun (hereinafter referred to as Party A) and Party B: Xu Jun (hereinafter referred to as Party B)
In order to meet the requirements of market economy, Party A and Party B make full use of their limited human and financial resources; Give full play to and make use of geographical advantages, develop new markets, and decide to engage in concrete brick business in partnership. Through consultation, both parties reached the following agreement on the basis of mutual benefit:
1. Party A and Party B voluntarily engage in concrete brick business (building materials factory).
Two. Production and business address: Liujiage Town, Hanchuan City
3. The total investment of the partnership enterprise is RMB: one million five hundred thousand Yuan only.
4. Payment method: cash.
Verb (abbreviation of verb) management mode: Party A and Party B jointly operate, Gui Youchun is responsible for overall work, and Xu Jun is responsible for production and cashier.
6. Use of production funds: each payment must be recovered according to the receipt and deposited in the bank account; Every expenditure must be signed by both parties before the accounting office can pay it. Otherwise it is invalid; Whoever reimburses will bear it.
Seven. Distribution method: Gui Youchun holds 60% of the shares and Xu Jun holds 40%. Divide the dividend in proportion, and share the remaining property according to law after the factory terminates.
Eight. Responsibility and obligation: Gui Youchun has the responsibility and obligation to rationally allocate funds, develop the market, rationally allocate production contracts and production personnel, supervise loan recovery, save expenses and safeguard the company's interests; Xu Jun has the responsibility and obligation to ensure safe production and quality, complete production tasks, save expenses, ensure the safety of the company's property and safeguard the company's interests.
Nine. Liability for breach of contract: Gui Youchun and Xu Jun must faithfully perform their respective responsibilities and obligations from the date of signing the agreement. Don't quit at any time (you must inform the other party one month in advance when you need to quit); Shall not be transferred to others for operation. If any of the above situations occurs, it will be regarded as a breach of contract. The liquidated damages shall be one third of each party's share of capital contribution.
X. For other matters not covered, both parties shall negotiate orally (oral agreement shall be subject to record) or sign a supplementary agreement, which has the same legal effect as this agreement.
XI。 This agreement is signed by both parties and shall come into force as of the date of signing. This Agreement is made in duplicate, one for Gui Youchun and one for Xu Jun..
Signature (seal) of partner:
Party A: Party B:
Date of signature: year month day.
Article 5 of the Partnership Agreement: Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Partnership agreement
( 1)。 (Other partners should fill in the above items in the order)
Article 1 The purpose of a partnership enterprise is _ _ _ _ _
Article 2 The project and scope of partnership operation _ _ _ _ _ _
Article 3 Term of Partnership The term of a partnership is _ _ _ _ years, counting from _ _ _ _ _.
Article 4 The amount, mode and duration of capital contribution
1. Partner _ _ _ _ _ (name) contributed 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 total investment of the partnership is RMB. During the partnership, the capital contribution of each partner remains common property, and it is not allowed to ask for division at will. After the termination of the partnership, each partner's capital contribution will still be owned by the individual and will be returned at that time. The model contract is Partnership Agreement (1).
Article 5 surplus distribution and debt commitment
1. The income distribution is based on _ _ _ _ _ and distributed in proportion.
2. Debt commitment: the partnership debt shall be repaid in priority by the partnership property. If the partnership property is insufficient to pay off, it shall be borne in proportion based on the _ _ _ of each partner.
Article 6 Access, Withdrawal and Transfer of Capital Contribution
1. Occupation: ① This contract needs approval; (2) With the consent of all partners; (3) to implement the rights and obligations stipulated in the contract.
2. Quit the partnership: ① You can quit the partnership only if there are justified reasons; (2) Do not quit when the partnership is unfavorable; (3) notify other partners _ _ months before quitting the partnership, and all partners agree; (4) After withdrawing from the partnership, the settlement shall be made according to the property status at the time of withdrawing from the partnership, and the settlement shall be made in currency no matter how the contribution is made; (5) If a partner withdraws from the partnership without the consent of the partner, thus causing losses to the partnership, it shall make compensation.
3. Transfer of capital contribution: Partners are allowed to transfer their own capital contribution. At the time of transfer, the partners have the priority to transfer. If a third person other than a partner is transferred, the third person shall be regarded as a partner, otherwise the transferor shall be regarded as a partner.
Article 7 Rights of the person in charge of the partnership and other partners
1._ _ _ is the head of the partnership. Its functions and powers are: ① to handle foreign business and sign contracts; (2) the daily management of the partnership enterprise; (3) selling the products (goods) of the partnership enterprise and purchasing common goods; (4) Paying off the partnership debts; ⑤______。
2. Rights of other partners: ① Participate in the management of the partnership; (two) to listen to the report on the business development of the person in charge of the partnership; (3) Check the account books and operation of the partnership.