ID number: _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _
Through friendly negotiation, Party A and Party B have reached the following agreement on jointly operating the factory of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
first
Name of cooperation project and main business place: cooperation project: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
second
Joint venture project and scope: education and training.
essay
The cooperation period is _ _ _ _ _ _ _ years, starting from _ _ _ _ _ _. When the contract expires, if both parties need to continue cooperation, they can renew the contract.
Article 4
Amount, mode and duration of investment.
(1) The contribution of Party A is RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) If both Party A and Party B make contributions in cash, they shall be paid in full before.
(3) The capital contribution of this cooperation is RMB _ _ _ _ _, in words _ _ _ _. During the cooperation period, the capital contribution of each partner is * * *' s own property, and it is not allowed to ask for division at will.
Article 5
Income distribution and debt commitment. All parties to the cooperation * * * jointly operate, * * work together, * * * take risks, and * * * be responsible for its own profits and losses.
(1) surplus distribution: distribution in proportion to investment;
(II) Debt undertaking: the cooperative debt shall be paid off with the cooperative property first, and if the cooperative property is insufficient to pay off, it shall be borne according to the capital contribution ratio of _ _ _ _ _ _ _ _ _.
Article 6
Recognition, withdrawal and transfer of capital contribution.
(1).
1. The new partner must obtain the written consent of both parties;
2. Acknowledge and sign this cooperation agreement;
3. Unless otherwise agreed in the admission agreement, the new partner and the original partner shall enjoy the same rights and bear the same responsibilities. The new partner who joins the partnership shall be jointly and severally liable for the debts of the cooperative enterprise before joining the partnership.
(2) Quit.
1, voluntarily quit. During the term of operation, a partner may withdraw from the partnership under any of the following circumstances:
(a) the reasons for quitting the partnership agreed in the cooperation agreement appear;
(2) Withdrawing from the partnership with the consent of all partners;
(3) it is difficult for partners to continue to participate in cooperative enterprises.
2. Of course, resign. In any of the following circumstances, the partner will of course quit:
(a) 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 in a contractual joint venture shall be enforced by the people's court.
The effective date of withdrawal under the above circumstances is the actual withdrawal date.
3. Quit. 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 losses to the contractual joint venture due to intentional or gross negligence;
(three) the execution of improper behavior in the affairs of the contractual joint venture;
(4) Other reasons stipulated in the cooperation agreement.
The resolution on the removal of a partner shall be notified in writing to the removed celebrity. The removed celebrity shall take effect from the date of receiving the notice of removal, and the removed celebrity shall withdraw from the partnership. Unless the celebrity disagrees with the resolution of delisting, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice of delisting. After a partner withdraws from the partnership, the other partners and the withdrawing partner 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, partners have the priority to be assigned. If it is transferred to a third person other than a partner, the third person shall be regarded as joining the partnership, otherwise it shall be regarded as quitting the partnership. A third party other than a partner who accepts the share of the property of the cooperative enterprise shall become a partner of the cooperative enterprise after the modification of the cooperation agreement.
Article 7
Cooperation leader and cooperation affairs executor.
(1) Party A is responsible for business management and financial cashier; Party B is responsible for financial accounting.
(2) According to the agreement of the cooperation agreement or the decision of all partners, _ _ _ _ _ _ _ _ is entrusted as the person in charge of cooperation, and its authority is:
1. Conduct foreign business and sign contracts;
2. The daily management of the cooperative enterprise;
3. Pay cooperative debts;
Article 8
Rights and obligations of partners.
(1) Rights of partners:
1. Operation, decision-making and supervision of cooperation affairs. The cooperative business activities shall be decided by the partners. No matter how much money is contributed, everyone has the right to vote.
2. Partners have the right to distribute the benefits of cooperation; The cooperation income is distributed according to the proportion of capital contribution.
3. The partners shall distribute the cooperation income according to the proportion of capital contribution or the contract, and the property accumulated by the cooperative operation shall be owned by the partners.
4. Partners have the right to quit the partnership.
(2) Obligations of partners:
1. Maintain the unity of the cooperative property according to the cooperation agreement;
2. Share the responsibility for the loss of cooperative operation;
3. Take joint and several liability for cooperative debts.
Article 9
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 commercial interests belong to cooperation, the losses caused shall be compensated according to the actual losses.
(2) It is forbidden for the partners to participate in commercial competition through this cooperation.
(3) Unless otherwise agreed in the cooperation agreement or agreed by all partners, the partners shall not conduct transactions with this cooperation.
(4) The cooperators shall not engage in activities that harm the interests of the contractual joint venture.
(5) Party A and Party B are not allowed to use the property (business license, factory building, equipment, etc.) of Xingming garage. ) as collateral for loans or provide guarantees for others for any reason. Otherwise, it will bear the responsibility for the loss.
Article 10
The continuation of cooperative business.
(1) In case of withdrawing from the partnership, the remaining partners have the right to continue to operate the original business in the name of the original enterprise, and they can also select and recruit new partners to join the partnership.
(2) If a partner dies or is declared dead, the successor of the deceased partner may choose to return the share of the property that the successor should inherit and continue to operate; You can also accept the heir as a new partner to continue the business in accordance with the agreement of the cooperation agreement or with the consent of all partners.
Article 11
Termination and liquidation of cooperation.
(1) The cooperation is terminated due to the following circumstances:
1, the cooperation expires;
2. All partners agree to terminate the cooperative relationship;
3. The cooperation transaction is completed or cannot be completed;
4. Being revoked according to law;
5. Other reasons for the dissolution of the contractual joint venture as stipulated by laws and administrative regulations.
(2) Cooperative liquidation:
1. After the dissolution of the cooperative, it shall conduct liquidation and notify the creditors.
2. The liquidator shall be all partners, and if the liquidator is not determined within _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. After paying the liquidation expenses, the cooperative property shall be paid off in the following order: wages owed by cooperative employees and taxes owed by cooperative labor insurance expenses; Cooperative debt; Return the capital contribution of the partners.
4. If there is any surplus after settlement, it shall be distributed according to the method in Paragraph 1 of Article 5 of this Agreement.
5. If the cooperation suffers losses during the liquidation period and the cooperation property is insufficient to pay off, it shall be handled according to the second paragraph of Article 5 of this Agreement. Each partner shall bear unlimited joint and several liability for repayment, because the partners shall bear