In today's social life, more and more people will use the agreement. After signing the agreement, there are laws to follow and evidence to check. Do you know the format of the agreement? The following is a sample of the shareholding agreement I have compiled for you. Welcome to reading. I hope you will like it.
Shareholding Agreement 1 Party A:
Party B:
Based on the principle of equality and mutual benefit, Party A and Party B, through friendly negotiation, have reached the following agreement on the matter that Party A entrusts Party B to hold shares on behalf of them, for both parties to abide by:
Article 1 Entrusting Contents
1. 1 Party A voluntarily entrusts Party B as the nominal holder of its contribution of RMB xxx million to xxx Co., Ltd. (hereinafter referred to as "the Company") and exercises relevant shareholder rights on its behalf. Party B is willing to accept the entrustment of Party A and exercise relevant shareholder rights on behalf of Party A..
Article 2 Entrustment authority
Party A entrusts Party B to exercise rights on its behalf, including: Party B registers the entrusted shares in the company's register of shareholders in its own name, registers with the industrial and commercial authorities, participates in relevant activities as a shareholder, collects dividends or bonuses on its behalf, attends the shareholders' meeting and exercises the voting rights, and exercises other rights granted to shareholders by the Company Law and the Articles of Association.
Article 3 Rights and obligations of Party A
3. 1 As the actual investor holding shares, Party A enjoys the actual shareholder rights to the company and is entitled to the corresponding investment income; The shareholders' rights and interests formed by Party B holding shares on behalf of Party A only in its own name shall not enjoy any right of income or disposal (including but not limited to the transfer, pledge and assignment of shareholders' rights and interests) for the shareholders' rights and interests formed by such capital contributions.
3.2 During the entrusted shareholding period, Party A has the right to transfer the relevant shareholders' rights and interests to itself or any third person designated by it when the conditions are met. At that time, Party B shall unconditionally agree and undertake relevant legal documents.
3.3 As the actual owner of the entrusted shares, Party A has the right to supervise and correct Party B's improper entrustment behavior according to this agreement, and has the right to demand Party B to compensate for the actual losses caused by the improper entrustment behavior based on this agreement, but Party A shall not interfere with Party B's normal business activities at will.
3.4 If Party A believes that Party B can't fulfill its fiduciary obligations honestly, it has the right to terminate the entrustment to Party B according to law, and demand that the corresponding entrusted shares be transferred to a new trustee selected by the client according to law.
Article 4 Rights and Obligations of Party B
4. 1 Without the prior written consent of Party A, Party B shall not entrust a third party to hold the above-mentioned controlling shares and shareholders' rights and interests.
4.2 As the nominal shareholder of the Company, Party B promises that its equity is limited by the contents of this Agreement. When Party B needs to exercise the right to vote in the process of participating in the company's operation and management as a shareholder, it shall notify Party A at least 7 days in advance and obtain the written authorization from Party A.. Without the written authorization of Party A, Party B shall not transfer, dispose of its shares and all its income, or set up any form of guarantee for it, nor engage in any behavior that harms Party A's interests. ..
4.3 Party B promises to transfer all the future investment income (including cash dividends, bonuses or any other income distribution) obtained by holding shares on its behalf to Party A, and promises to transfer the investment income to the bank account designated by Party A within 3 days after obtaining the investment income. If Party B fails to deliver the loan on time, Party B shall pay Party A a penalty equal to the interest of overdue bank loans for the same period.
4.4 When Party A intends to transfer the entrusted shares to the shareholders of the company or others, Party B must provide necessary assistance and convenience.
Article 5 Fees for entrusted shareholding
During the holding period entrusted by Party A, Party B will not receive any remuneration.
Article 6 Duration of entrusted shareholding
Party A entrusts Party B to hold shares on behalf of Party A from the effective date of this Agreement to the time when Party B transfers shares on behalf of Party A or a third person designated by Party A according to Party A's instructions.
Article 7 confidentiality clause
Both parties are obliged to keep confidential any business information of the other party that they come into contact with or know during the performance of this agreement, unless there is obvious evidence to prove that such information belongs to common sense or is authorized by the other party in writing in advance. These confidentiality obligations shall remain valid after the termination of this agreement. If either party causes losses to the other party due to its violation of this obligation, it shall compensate the other party for the corresponding losses.
Article 8 Settlement of disputes
Any dispute arising from the performance of this Agreement shall be settled by both parties through friendly negotiation. If negotiation fails, either party has the right to submit the dispute to the people's court where Party A is located for prosecution.
Article 9 Other matters
9. 1 This agreement is made in duplicate, with each party holding one copy, with the same legal effect.
9.2 This Agreement shall come into force after being signed by both parties.
Party A:
Party B:
Year, month, year
Shareholding Agreement 2 Party A (person in charge):
Party B (Trustee):
According to the Contract Law, Company Law and other relevant laws and regulations, Party A and Party B have reached the following agreement on holding the equity of a limited company on behalf of Party A for compliance.
First, the basic situation of a co., ltd.
A Co., Ltd. is a limited liability company, registered in _ _ _ _ _ _ _ _.
Second, the entrusted matters
Party A entrusts Party B to contribute RMB _ _ _ _ _ _ _ _ _ in the name of Party B to a limited company with an account number of _ _ _ _ _ _ _ _ _ _ _ _ _ _.
The above capital contribution and shareholding ratio are recorded in the Articles of Association, industrial and commercial registration and other relevant documents in the name of Party B, but the actual owner is Party A. ..
Three. Rights and obligations of both parties
1. Party B's contribution to the Limited Company shall be provided by Party A. After receiving the contribution from Party A, Party B shall fulfill its contribution obligations to A Limited Company within the statutory time limit and issue a receipt to Party A. ..
2. Since the establishment of A Co., Ltd., Party A enjoys the rights and obligations of shareholders according to its capital contribution and shareholding ratio to A Company. ..
3. Party B shall submit the company's financial information to Party A on a monthly basis, including but not limited to balance sheet, income statement and cash flow statement. If Party A has any questions, Party B is obliged to give a reasonable explanation.
4. Five days before each shareholders' meeting or board meeting, Party B shall report the contents of the meeting to Party A. When submitting the voting, Party B shall exercise the voting right according to Party A's instructions.
5. The bonus distributed to Party B by Limited Company belongs to Party A. Party B shall pay all dividends to Party A within ten days after receiving the dividends.
Four. Equity transfer
1. Without the written consent of Party A, Party B shall not transfer the equity of A Co., Ltd. held on behalf of Party A to anyone.
2. Party A may request Party B to transfer all or part of its equity to Party A or a third party designated by Party A at any time, and Party B shall assist in the registration of equity change within 30 days after receiving Party A's instructions. ..
Verb (abbreviation of verb) liability for breach of contract
If Party B violates the provisions of Article 4 of this Agreement, Party B shall compensate Party A for the liquidated damages of RMB.
If Party B violates other terms of this agreement, Party B shall compensate Party A for all losses. Losses include actual losses and losses of available benefits.
Jurisdiction of intransitive verbs over disputes
Disputes arising from this agreement shall be settled by both parties through consultation; If negotiation fails, it shall be submitted to the people's court where Party A is located for trial.
Seven. Establishment and entry into force
This agreement shall come into force as of the date of signature by both parties.
This agreement is made in triplicate, one for each party and one for the limited company.
Party A:
Party B:
date month year
Shareholding Agreement 3 Party A:
Party B:
Based on the principle of equality and mutual benefit, Party A and Party B, through friendly negotiation, have reached the following agreement on the matter that Party A entrusts Party B to hold shares on behalf of them, for both parties to abide by:
I. Entrusting Contents
Party A voluntarily entrusts Party B as the nominal holder of its contribution of RMB _ _ _ _ _ _ _ _.
Second, authorization authority.
The rights entrusted by Party A to Party B to exercise on its behalf include: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Three. Rights and obligations of Party A
1. As the actual investor of the above investment, Party A enjoys the actual shareholder rights of _ _ _ _ _ _ _, and enjoys the corresponding investment income; Party B can only make capital contribution to _ _ _ _ _ in its own name, and hold the shareholders' rights and interests formed by the capital contribution on behalf of Party A, and does not enjoy any right of income or disposal (including but not limited to the transfer and pledge of shareholders' rights and interests).
2. During the period of entrusted shareholding, Party A has the right to transfer the relevant shareholders' rights and interests to itself or any third party designated by it when conditions permit, and Party B shall unconditionally agree and undertake the relevant legal documents involved at that time. During the holding of shares by Party B, all relevant expenses and taxes (including but not limited to attorney's fees, audit fees, assets appraisal fees of investment projects, etc.) shall be borne by Party A; When Party B transfers the entrusted shares to Party A or any third party designated by Party A, the change registration fee shall also be borne by Party A. ..
3. As the principal, Party A has the obligation to contribute in RMB cash in time in accordance with the Articles of Association, this Agreement and the Company Law, and bear all investment risks within the limit of its contribution.
4. As the actual owner of the "representative shares", Party A has the right to supervise and correct Party B's improper entrustment behavior according to this agreement, and has the right to demand Party B to compensate the actual losses caused by the improper entrustment behavior based on this agreement, but Party A cannot interfere with Party B's normal business activities at will.
5. If Party A thinks that Party B can't fulfill the fiduciary duty honestly, it has the right to terminate the entrustment to Party B and request to transfer the corresponding "representative shares" to the new trustee selected by the client according to law, but it must notify Party B in writing 15 days in advance.
The first party
party B
Date, year and month
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