Party B: _ _ _ _ _ _ _ _ _ _ _
In accordance with the Law of People's Republic of China (PRC) on Chinese-foreign Joint Ventures (hereinafter referred to as the Law on Chinese-foreign Joint Ventures) and its implementing regulations, a joint venture is established in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Engaged in the production, export and sales of data products such as mirrors and injection molds in People's Republic of China (PRC). After many discussions, we unanimously agreed to conclude this contract.
Chapter I General Provisions
1. The parties to this contract are:
_ _ _ _ _ _ _ _ is a party (hereinafter referred to as Party A), and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. The name of the joint venture agreed by both parties is _ _ _ _ _ (hereinafter referred to as "joint venture").
English: _ _ _ _ _ _
English: _ _ _ _ _ _
Address: _ _ _ _ _ _
3. On the basis of equality and mutual benefit, the two sides engage in reflector, which is beneficial to the development of China's national economy; Design, produce and sell injection molds and other plastic products at home and abroad. The joint venture company will try its best to purchase raw materials and packaging materials in People's Republic of China (PRC). If there is no supply or the quality and price do not meet the requirements, it can also be imported by the joint venture.
4. Based on the desire of long-term sincere cooperation, both parties strive to reach the advanced level of international similar products in terms of product quality, specifications and varieties, packaging and decoration, and economic benefits. The initial production scale of the joint venture company is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ And after _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
5. A joint venture is a legal person in People's Republic of China (PRC), and must abide by the relevant laws, decrees, regulations and rules of People's Republic of China (PRC), and be governed and protected by the laws of People's Republic of China (PRC).
Chapter II Registered Capital
6. The joint venture is a limited liability company, and the economic responsibilities of each party are limited to the registered capital, and the profits, risks and losses are distributed according to the proportion of capital contribution.
7. The total investment of the joint venture is USD _ _ _ _ _. The total capital is USD, of which Party A accounts for% and Party B accounts for%.
8. The capital contributions of Party A and Party B are as follows:
Party A: USD, of which:
(1) machinery and equipment, worth about _ _ _ _ _ _ _ _ dollars;
(2) Factory building, with a value of about _ _ _ _ _ _ USD;
(3) Cash, which is equivalent to RMB cash of _ _ _ _ _ _ _ _ USD.
Party B: _ _ _ _ _ _ _ USD in cash.
Chapter III Approval and Registration
9. This contract is approved by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ And report to the Ministry of Foreign Economic Relations and Trade of the People's Republic of China for the record.
10. After receiving the above approval certificate, the joint venture shall register with the Administration for Industry and Commerce and obtain a business license. After the joint venture company obtains the business license, Party A and Party B will separately contribute capital according to the needs of the project progress, and the amount of each party's contribution will be decided by the board of directors. After all parties have contributed, the joint venture will issue a certificate of contribution.
Chapter IV Capital Transfer
1 1. When the registered capital is transferred, the joint venturer shall have the preemptive right and shall not transfer or mortgage it to him without the consent of the joint venturer. However, when one party proposes the transfer, the joint venture company shall give a reply within _ _ _ _ _ _ months, otherwise it shall be deemed as giving up the preemptive right.
12. The price of the transferred registered capital shall be determined by both parties to the joint venture through consultation according to the book value of their investment in the joint venture.
13. When the registered capital is transferred, it shall apply to the original examination and approval authority for approval within _ _ _ _ _ months. And put it on record with the Ministry of Foreign Economic Relations and Trade of the People's Republic of China, and go through the formalities of change registration with the Administration for Industry and Commerce after approval.
Chapter V Board of Directors
14. The date when the joint venture obtains the business license is the date when the board of directors of the joint venture is established. The number of directors is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
15. The board of directors is the highest authority of the joint venture. Its functions and powers shall be stipulated in the articles of association of the joint venture. The chairman is the legal representative of the joint venture. When the chairman is unable to perform his duties, he shall authorize the vice chairman or other directors to represent the joint venture.
16. The board meeting shall be held at least once a year, which shall be convened and presided over by the chairman. The meeting of the board of directors can only be held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. When the directors are unable to attend, they may issue a power of attorney to entrust others to attend and vote on their behalf. The resolution of the board of directors shall be unanimously agreed by the directors present at the meeting or their representatives. Board meetings are generally held at the legal address of the joint venture or other places agreed by the board of directors, and the joint venture does not bear the travel expenses for attending the board meetings. Accommodation and meals during the board meeting shall be arranged and paid by the joint venture company.
17. Directors will not be paid from the joint venture, but will be paid a certain proportion (the proportion will be determined by the board of directors) from the annual net profit of the joint venture as the dividend of the board of directors. And distributed according to the following proportions:
Chairman _ _ _ _ _ _ _%
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Chapter VI General Manager and Deputy General Manager
18. The joint venture company shall have 1 general manager and 3 deputy general managers, all nominated by Party A and appointed by the board of directors, who shall be responsible for implementing the resolutions of the board of directors and organizing and leading the daily operation and management of the joint venture company. Within the scope authorized by the board of directors, the general manager represents the joint venture externally. Appoint and remove subordinates internally and exercise other powers granted by the board of directors.
19. Important documents of the joint venture company shall take effect after being signed by the general manager.
20. When the general manager or deputy general manager fails to perform his duties, the board of directors has the right to dismiss or demote.
Chapter VII Site Use Fee
2 1. The land used by the joint venture is the property of China municipal government, and the joint venture shall pay the appropriate land use fee to the government. The agreement on the right to use the leased land signed by the joint venture and the local land management department is an integral part of this contract.
22. The land use fee for the first _ _ _ _ _ years is set at RMB _ _ _ _ _ _ yuan per square meter per year, and the land use fee can be adjusted according to the development of municipal construction thereafter.
Chapter VIII Technical Cooperation
23. The technology transfer agreement signed by the joint venture company and _ _ _ _ _ is an integral part of this contract and has the same effect as this contract.
24. According to the technology transfer agreement, the joint venture shall pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Chapter IX Procurement and Sales
25. The purchase and sale agreement signed by the joint venture company and Party B is an integral part of this contract and has the same effect as this contract.
26. The raw materials needed by a joint venture should be purchased at home as far as possible. If the variety, quality and price that cannot be supplied do not meet the requirements of the joint venture, the joint venture may import from abroad.
According to the purchase and sale agreement signed by both parties, the products sold by the joint venture company in China are now sold by Party A through its sales department. The export products of the joint venture company shall be sold by Party B outside China, and the specific measures shall be stipulated separately in the purchase and sale agreement.
Chapter X Profits
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