How to write the contract for the independent branch of the head office?
Party A: domicile: legal representative: Party B: ID number: risk warning: There are various ways of cooperation, such as establishing companies, developing software, buying and selling products, etc. Different cooperation methods involve different project contents, and the corresponding terms of the agreement may be quite different. The terms of this agreement are based on specific projects and are for reference only. In practice, it is necessary to modify or redraft the terms according to the actual cooperation mode, project content, rights and obligations of both parties, etc. Through friendly negotiation between Party A and Party B, Party A agrees that Party B shall establish a branch of Party A in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1. This branch is established by joint investment of Party A and Party B.. The total contribution of Party B is RMB _ _ _ _ _ _ _ _ _ _ _, of which the contribution of Party B is RMB _ _ _ _ _ _ _ _, accounting for _ _% of the total contribution. 2. Party A and Party B promise that the capital contribution shall be paid before the following year. 1 Branch management and division of labor. Party B is the person in charge of Party A's branch, and is responsible for the daily operation and management of the company. Its specific responsibilities include: (1) handling the registration procedures for the establishment of the branch. (2) Recruit employees according to the business needs of the branch (financial and accounting personnel shall be appointed by both parties). (3) examine and approve daily affairs. (4) Other duties required by the daily operation of the company. 2. Party A sends _ _ _ _ _ to the branch to participate in the management of the branch together with Party B * *, assist Party B in the daily operation and management of the company, and have the same decision-making power as Party B. Risk warning of Party A's rights and obligations: clearly stipulate the rights and obligations of all parties to the cooperation, and avoid the situation of wrangling in the actual operation of the project. Once again, warm reminder: due to the inconsistency between the cooperation mode and the project content, the rights and obligations of all parties are also inconsistent, which should be formulated according to the actual situation. 1. Party A has the right to examine and identify the identity certificate provided by Party B to prove that it has fulfilled the obligations stipulated in this Agreement. 2. Send Party A's personnel _ _ _ _ _ to the branch to participate in the management together with Party B * * *. 3. Be responsible for providing Party A's power of attorney, employment documents, articles of association, capital verification report, resolutions of shareholders' meeting and other documents, so that Party B can handle industrial and commercial, tax and other related procedures. 4. Party A has the right to supervise the legality of Party B's establishment and operation of branch business, and to stop Party B's illegal or malicious competition in the course of business operation. 5. Have the right to supervise, understand and guide all business activities, financial transactions and employee employment of Party B. 6. In the normal operation of Party B, Party A shall not easily dismiss the staff of Party B's branches. Four. Rights and obligations of Party B 1. Party B acts as the person in charge of Party A's branch in the form of cooperation. 2. Lease fees, office expenses, staff salaries and business development funds of branches shall be independently accounted for and borne by Party A and Party B in proportion to their capital contributions. 3. During the cooperation period, Party B has the right to use the license obtained by Party A for free. 4. Party B must report the operation and financial status of the branch to Party A every month. 5. Party B shall not borrow money in the name of the branch. 6. The scope of Party B's business projects shall not exceed the scope of Party A's projects, otherwise all consequences arising therefrom shall be borne by Party B. 7. Party B must safeguard Party A's corporate image, reputation and economic interests. If Party B causes losses to Party A's corporate image and reputation, Party B will bear all the responsibilities and economic losses arising therefrom, and publicly apologize to Party A. 8. During the validity period of this agreement, Party B shall not stop operating without reason, and if it is necessary to stop operating under special circumstances, it must report to Party A in writing _ _ _ months in advance. 9. Party B shall not engage in illegal and disciplinary activities, otherwise it shall bear its own responsibilities. Party A has the right to immediately dissolve this Agreement, dismiss the person in charge of Party B's branch and terminate this Agreement. 10. Party B must provide a valid copy of the certificate to Party A and sign it for confirmation. V capital and financial management 1. According to the relevant provisions of national laws, the branch does not have legal person status. The external finance is accounted by the head office, namely Party A, and the internal finance branch is responsible for its own profits and losses. Creditor's rights, debts and all property of the branch shall be enjoyed and borne by both parties in proportion to their capital contributions. If the relevant taxes can be handled and paid by the branch company, Party A will assist the branch company to handle and pay. 2. After the establishment of the branch, the funds shall be collected and paid by the branch account, and the finance shall be handled by the accountants designated by both parties. The company's accounts shall be settled on a daily and monthly basis, and relevant statements shall be provided in time for both parties to sign and confirm. The intransitive verb income distribution and debt commitment 1. The income distribution and debt commitment of the branch shall be enjoyed and borne by Party A and Party B in proportion to the capital contribution. 2. Since the branch company does not have the legal person status, if the property of the branch company is insufficient to pay the debts incurred, Party A shall pay off the branch company with the property of its head office, and Party A has the right to claim compensation from Party B in proportion after paying off. Seven. Termination of agreement and creditor's rights and debts 1. This agreement is valid for _ _ _ years. After the expiration of the agreement, Party B has the priority to renew the contract. If Party B does not renew the contract, it must notify Party A _ _ _ months in advance. 2. This Agreement shall be terminated under the following circumstances: (1) The company is not established due to objective reasons. (2) The business license of the company was revoked according to law. (3) The company is declared bankrupt according to law. (4) Both parties agree to terminate this Agreement. (5) This Agreement will not be renewed when it expires. 3. When the agreement expires or terminates, if Party B fails to renew the agreement or terminates its operation during the agreement period, Party B must cooperate with Party A to check all the business items, financial status, creditor's rights and debts of Party B during the operation of the branch, and make liquidation. After the liquidation, Party A and Party B shall bear the creditor's rights and debts in proportion to their capital contributions. Eight. Risk warning of liability for breach of contract: although the contract is detailed, it does not guarantee that the partner will not breach the contract. Therefore, it is necessary to clearly stipulate the terms of breach of contract, and once one party breaches the contract, the other party can use it as the basis for recovery. 1. If any party violates the agreement and causes losses to the company's interests, it shall be liable for compensation to the observant party and pay RMB as liquidated damages to the observant party. 2. If Party B violates any agreement or causes losses to Party A and related third parties, and the circumstances are bad, Party A has the right to revoke the post of the person in charge of Party B's branch, take back the relevant procedures of the branch, terminate this agreement, and reserve the right of legal and economic investigation. Nine. Other matters 1. This agreement shall come into force as of the date of signature and seal by both parties. For matters not covered, both parties shall sign a supplementary agreement separately, which shall have the same legal effect as this agreement. 2. In case of any dispute arising from this agreement, both parties shall try their best to solve it through negotiation. If negotiation fails, a lawsuit may be brought to the people's court where Party A is located. 3. This Agreement is signed in the form of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.