Party A:
Address:
Telephone:
Party B: ID number:
Address:
Telephone:
In order to expand the business of architectural decoration engineering and realize the cooperative business goal of complementary advantages and mutual benefit and win-win, Party A and Party B have reached the following agreement on the establishment and contracted operation of "_ _ _ _ _ _ _ _ _ _ _ _" through consultation:
I. Establishment of branches
1. Party A authorizes Party B to set up a branch in _ _ _ _, and the establishment of the branch is contracted by Party B and accounted for independently.
2. Party A is responsible for providing the site and office facilities needed to set up the branch, and Party B provides the funds.
3. Party A is responsible for providing the relevant industrial and commercial information of the head office and the registration documents such as the application for the establishment of the branch office provided by the head office.
Second, the scope, form and authority of contracted operation.
1. The operating area of the branch contracted by Party B is domestic, but all projects involving special companies shall be undertaken by the head office, including the company projects within or within the operating area of the branch mentioned in this article.
2. The branch is mainly engaged in the design and construction of architectural decoration projects recognized by Party A's business license and qualification certificate, and Party B is fully responsible for the daily business activities of the branch within the business scope and qualification scope.
3. The contracting form of the branch company is economic responsibility contracting operation, independent accounting and self-financing. Party B is responsible for all operating expenses such as operation, business, office, labor, taxation, etc. , and bear all the creditor's rights, debts and economic and legal responsibilities of the branch.
4. Party B shall ensure legal operation, improve relevant financial management system, and accept the supervision of Party A. Within the first month of each quarter, Party B shall submit copies of the engineering report, financial statement, running account and operation management report of the branch company in the last quarter to Party A for filing. If necessary, Party A has the right to request verification of the original vouchers and related vouchers.
5. The cashier of the branch is appointed by Party B or replaced by Party A, and the official seal is managed by the cashier. The branch shall establish relevant official seal management and financial management systems, and Party B shall strictly abide by the relevant systems.
Third, the term of the contract, equity distribution
1. The contracted branch of Party B has no fixed term, starting from year, month and day.
2. Except for national taxes, the management fee shall be freely agreed by Party B, the contract shall be supervised and kept by Party A's financial personnel, and the profits shall be distributed according to the equity.
3. Party B shall pay 30% of the annual profits generated during the period of contracting the branch company in proportion in the first year (due to the high investment cost in the recent market) and 50% in proportion after the second year.
If Party B causes losses to Party A during the contracted operation period, including but not limited to: defaulting on relevant taxes, defaulting on employees' wages and social security, defaulting on debts during the operation period, and failing to pay relevant expenses to Party A as agreed, Party A has the right to exercise relevant rights.
Four. Rights and obligations of Party A
1. According to relevant national laws and regulations, provide legal basis for Party B's contracted operation, such as business and qualification, and assist Party B in handling necessary procedures such as branch registration and filing.
2. According to the existing conditions of Party A, provide all kinds of certificates and materials needed to undertake decoration engineering business, and do a good job in business support, service and cooperation.
3. Supervise, manage and guide the business activities of the branch.
4. Be responsible for financial support and cooperation, go through the tax procedures for opening bank accounts and going out to operate, withhold and remit various taxes and fees according to regulations, supervise the use of project funds, and ensure that the project funds are earmarked for special purposes.
5. Have the right to supervise and inspect the progress, quality, safety and civilized construction of the project undertaken by the branch, and send professional and technical personnel to the site for supervision when necessary.
6. Provide Party B with office space, office facilities and other work services required for contracted operation.
7. Collect relevant profits according to the agreement.
Verb (abbreviation of verb) Rights and obligations of Party B.
1. Handle the local registration, filing and bank account opening procedures of the branch and bear the expenses incurred (such as handling fees, filing fees, labor wage deposit, etc.). ). Be responsible for the declaration and application of other procedures in the branch's own business activities.
2. Be responsible for the staffing of the branch, the daily business development of the branch, and all investment and operating expenses of the branch.
3. Strictly abide by the laws and regulations of the state and local governments, abide by the laws and regulations, pay taxes according to regulations, abide by the project contract, and safeguard the interests and reputation of Party A. ..
4. Abide by Party A's management regulations on business, engineering and finance, consciously accept Party A's supervision and inspection, pay relevant expenses on time, and submit engineering statements, financial statements, account books and business management statements on time.
5. Be responsible for the construction organization and management of the projects undertaken by the branch, and be the first responsible person for safety production and quality, environment, safety and health, and strictly control the safety and quality. At the same time, the construction data should be synchronized with the construction process, and a complete construction data file should be established, and the relevant engineering files should be handed over to Party A for filing within the day after completion.
6. Responsible for the communication and coordination between the project under construction and the project owner, supervisor and other construction units, properly handle the internal labor relations and external supply and demand purchase and sales relations, and do not default on workers' wages and materials.
7. Be responsible for the daily inspection of the branch by Party A's leaders and the daily inspection of the projects under construction by professional or functional personnel.
8. During the contracted operation period, Party B shall not subcontract the branch to others or set up a branch, engrave the official seal or forge company certificates and documents without permission, divert the project funds for other purposes, raise funds, lend or guarantee in the name of the branch, and sign engineering contracts and other contracts, documents and documents that are detrimental to Party A's interests at a low price below the cost price. In case of serious violation of Party A's rules and regulations or illegal business operations, Party A has the right to cancel Party B's contracting qualification and investigate Party B's corresponding responsibilities.
Liability for breach of contract of intransitive verbs
1. shall conduct business within the scope agreed in this agreement. If Party B exceeds the agreed business scope, Party A has the right to require Party B to pay a penalty of 20% of the project price beyond the business scope.
2. Party B shall legally regulate its operation, ensure the project quality and construction safety, and safeguard the reputation of Party A and its subsidiaries. If Party B has a major safety and quality accident in the course of operation, which causes great losses or serious adverse effects to Party A and its subsidiaries, Party A has the right to terminate this agreement and demand Party B to compensate for the related losses.
3. Party B shall accept the supervision and management of Party A according to the agreement. If Party B refuses to accept the relevant supervision and management measures agreed in this agreement, and refuses to correct it after being urged by Party A, Party A has the right to terminate this agreement and demand Party B to compensate the relevant losses.
4. Party A and Party B shall pay the relevant funds in time according to the agreement. In case of overdue payment, Party A and Party B shall pay local liquidated damages at the rate of one thousandth of a day.
Seven. others
1. This agreement is made in triplicate, with Party A holding two copies and Party B holding one copy, all of which are equally authentic.
2. One month before the termination of this agreement, Party B shall settle all taxes payable, clear up the creditor's rights and debts, and then dispose of the property belonging to the branch company by itself, and handle the relevant handover procedures (including the engineering files, licenses and certificates of the branch company, etc.).
3. Any dispute arising from the performance of this Agreement can be settled by both parties through consultation. If negotiation fails, either party may bring a lawsuit to the people's court where Party A is located.
Party A: Party B (signature):
Legal representative (signature):
Date and place of signature: 20xx year, month, day and city.