With the popularization of legal knowledge, the frequency of using contracts is on the rise, and signing contracts is an important measure to reduce and prevent disputes. So do you know how to write a legal contract? The following are five shareholding contracts that I have compiled. Welcome to read the collection.
Article 1 of the shareholding contract Party A:
Party B: Existing shareholders of X Information Co., Ltd.:
On the basis of equality and voluntariness, Party A and Party B, through full consultation, hereby enter into this agreement for compliance and performance:
Article 1: Party A shares in Shanghai X Information Co., Ltd. with its legally held e-commerce platform technology as intangible assets, and both parties agree to determine the value through negotiation with this technology, accounting for 25% of the registered capital of the company. (or after evaluation, the technical value is RMB, accounting for 25% of the company's registered capital. )
Article 2: Party A shall go through the formalities of right transfer in time, provide relevant technical materials, give technical guidance and impart technical know-how, so that the technology can be successfully transferred to Shanghai Dongfanghong Network Information Co., Ltd., which will be digested and mastered by the company. The technology sharing contract is a model contract.
Article 3: Each party of Party B promises to keep strictly confidential any technical secrets and proprietary information provided and disclosed by Party A due to this technology shareholding, and will not provide them to any third party for possession or use in any way, nor will they be used for proprietary business.
Article 4: After the technological achievements become shares, Party A obtains the shareholder status, and the e-commerce platform technology is enjoyed by Shanghai X Information Co., Ltd. ..
Article 5: Agreement on Liability for Breach of Contract:
Article 6: All disputes arising from the performance of this Agreement or related to this Agreement shall be settled by both parties through friendly negotiation; If the agreement fails, it shall be settled by the people's court of the place where the contract is signed.
Article 7: This contract shall come into effect after being signed and sealed by all parties to the agreement. The original of this contract is in duplicate, one for each party and one for the examining and approving authority, all of which have the same effect.
Party A: Limited Company (official seal)
Legal representative:
Party B: All existing shareholders of Limited Company (signature and seal):
Place of signing the contract: Shanghai
Date of contract signing:
Article 2 of the shareholding contract Party A: _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _
Through negotiation, Party A and Party B agree to operate Party A's store in _ _ _ _ _ _ _ _ _ (hereinafter referred to as _ _ _ _ _ _) in the form of * * * contribution and * * participation in business cooperation, and both parties reach an agreement on the basis of * * * sharing the benefits and * * * taking the risks.
I. Contribution ratio:
1. Party A and Party B agree that both parties * * * will contribute in a certain proportion to operate the store in cooperation with * * *, and * * will enjoy the benefits and bear the risks;
2. Party A and Party B confirm that the estimated total investment of this store is RMB 10,000 (including _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. The capital contribution of Party B is * * *, accounting for%;
The rest of the capital contribution is made by other investors in the store according to the actual situation;
4. Party A and Party B shall pay the above sum to Party A in full or to the account designated by both parties before.
Two. Profit distribution and risk taking
1. The profit calculation method is to take the total cash flow income (card money, sales, actually obtained cash) minus operating expenses (including but not limited to: monthly rent, personnel salary, water and electricity, products and equipment, commodities, taxes, management fees, brand use fees, decoration fees and other expenses) as the profit of the current month;
2. Calculate the profit of the current month according to the proportion of shares actually contributed by each party;
3. Settle the profits every three months and pay dividends on the 20th of that month;
4. In the process of cooperative operation, if there is any profit or loss, it shall be borne by each party according to the shareholding ratio.
Three. Term of cooperation
1. term of cooperation: this store lease contract has the same term. After the expiration of the house lease contract, if both parties want to continue cooperation, they need to negotiate a cooperation agreement separately.
2. By mutual agreement, every four years is a business cycle, which ends on xx, xx, XX;
3. During the term of this agreement, or at the expiration of this agreement, if both parties agree to cooperate in the way agreed in this agreement, both parties will invest in shares according to the actual design and decoration expenses. If there is any cost overrun, shareholders will share the cost overrun in proportion;
4. After the end of the business cycle cooperation period between the two parties, if Party B withdraws from the cooperation or both parties stop the cooperation, the original share capital will be returned according to the proportion of Party B's shares after accounting by the financial department of Party A, and Party B will deduct the corresponding amount of unused card capital from this agreement.
5. In case of irresistible factors, such as the inability to renew the lease or continue to open stores and cooperate in the surrounding areas at the expiration of the contract, all shareholders shall bear the losses in proportion to their shares.
Fourth, the terms of the decoration fund.
1. Both parties agree that after four years, Party A will withdraw some funds from the monthly profit as the "decoration fund" (Note: the decoration fund is calculated according to the total investment in store decoration and hardware in "I" and "III" of this agreement, and will be divided equally every month within four years, and the above expenses will be deducted from the profit every month, which is the decoration fund);
2. After the expiration of the four-year agreement, if both parties agree to continue the cooperation in the way agreed in this agreement, both parties will directly use the decoration funds extracted during the cooperation period to invest in the decoration, and if there is any surplus decoration funds, they will be returned to Party B in proportion, and if there is any overrun, the overrun will be shared in proportion;
3. After the expiration of the cooperation period between the two parties, if either party chooses to stop the renewal of cooperation with this agreement, the decoration money extracted during the operation period will be distributed and paid to Party B according to the proportion of Party B's shares after the store accounts.
5. If there is any modification to the above contract, it should be corrected with the consent of both parties.
If there are any agreed or unfinished matters between Party A and Party B, a written agreement shall be taken as the terms of this contract through negotiation, which has the same legal effect.
Seven. Other agreed matters _
____________________________________________________________
Party A: _ _ _ _ _ _ _ _ _ _ _
Representative: _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _
Handprint (seal)
Party B: _ _ _ _ _ _ _
Representative: _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _
Handprint (seal)
Date of signing the contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 3 of the shareholding contract Party A:
Party B:
Party A and Party B sign this shareholding contract on the principle of honesty, friendship and mutual assistance.
Party A and Party B may perform their respective duties and perform this Agreement according to the following terms: 1. Holding time: 3. Calculation of capital assets: RMB yuan is the total assets (calculated on the date of signing the contract), and * * * is 65,438+000 shares (this is the original shares).
Party A holds shares and Party B holds shares.
4. Dividend: the day of each month is the dividend day, and a general meeting of shareholders is held at the same time.
Dividends are distributed according to the monthly net profit.
5. Withdrawal and midway withdrawal.
1. The contract is1/3; It shall be refunded according to 65,438+0/3 of the share capital at that time, and the dividend distributed shall also be calculated according to 65,438+0/3.
B, the contract to two thirds; It will be refunded according to 2/3 of the amount of shares at that time, and the dividends distributed will also be calculated according to 2/3.
C. when the contract expires; Multiply the average net profit of 12 months before the withdrawal date by 18 months as the calculation standard of total assets, and then return it according to the number of shares.
Year is the calculation criterion, used for decoration and hardware equipment update), which is the net profit of the month.
6. Others: During the contract period with Party A, Party B shall not make any profitable investment with anyone in the region.
If Party B fails to renew the contract at the expiration of the contract, it shall not open a hairdressing salon in the local area within one year after the expiration of the contract.
Half a year before the expiration of the contract, both parties must decide whether to continue cooperation, but Party B has the right to decide. If Party B decides to continue cooperation, Party A shall not refuse.
Card funds are not included in the monthly performance account before consumption, and are kept by the company to maintain customer credit.
The monthly financial affairs shall be kept by Party A, supervised by Party B, and dividends shall be paid after the signature of the monthly accountant.
7. If there is any modification to the above contract, it shall be corrected after mutual consent.
Eight. This contract is made in duplicate, one for each party.
Representative: ID number: date of signature:
Article 4 of the Share Purchase Contract Party A:
Party B:
The contents of the joint-stock cooperation contract between Party A and Party B are as follows:
I. Party A and Party B jointly set up xx Co., Ltd., and Party B contributed RMB 65,438+0,000.00 Yuan, accounting for 65,438+00% of the preferred shares of Beijing Associated Press Commercial Brokerage Co., Ltd., and Party A shall bear the rest. ..
2. Party A (xx Co., Ltd.) is expected to establish and improve franchise chain brokerage companies in urban and rural areas within 3 months, and form: United brokerage group; The local brokerage company represents the functions of Party B's local office and the business and affairs of Party B in various places.
3. As a shareholder, Party B has the right to supervise the local brokerage company to represent Party B's local office and Party B's business and affairs in various places.
4. Brokerage companies in various places are the exclusive agents of Party B's local similar businesses and affairs.
Verb (abbreviation of verb) The specific contents of the business and affairs of local brokerage companies that represent Party B shall be determined by Party B's power of attorney issued at any time according to Party B's specific situation.
6. Party A uploads Party B's specific business and affairs to the website of Party A's chain brokerage network, and publishes it in Party A's weekly "Broker Chain Operation Briefing" for the convenience of local brokerage companies.
Seven. Party B shall determine the specific standards of commission payment according to the specific conditions of entrusted business and affairs, and reach an entrusted agency contract with Party B's brokerage company and Party A for specific business and affairs. ..
Eight. The share capital contributed by Party B is not only used as the membership fee for Party B to join the chain brokerage network of Party A, but also used as the deposit and advance commission for the business and affairs entrusted by Party B to Party A, and Party B does not own the actual equity of Party A.. ..
Nine. The validity of this contract is 1 year, and both parties shall negotiate separately after the expiration.
X. Matters not covered in this contract shall be implemented in accordance with relevant laws and regulations, the Articles of Association of Party A's Chain Brokerage and the contents published by Chain Brokerage Network.
XI。 For matters not covered in this contract, both parties may sign a supplementary agreement to supplement them.
Signature of Party A and signature of Party B.
Sign on behalf of ...
XX year month day
Article 5 of the Share Purchase Contract Party A:
Party B:
On the basis of equality and voluntariness, Party A and Party B, through full consultation, hereby enter into this agreement for compliance and performance:
Article 1: Party A shares in Shanghai Information Co., Ltd. with its legally held e-commerce platform technology as intangible assets, and both parties agree to determine the value through negotiation with this technology, accounting for 25% of the registered capital of the company. (Or, after evaluation, the technical value is RMB, accounting for 25% of the registered capital of the company. )
Article 2: Party A shall go through the formalities of right transfer in time, provide relevant technical materials, give technical guidance and impart technical know-how, so that the technology can be successfully transferred to Shanghai Dongfanghong Network Information Co., Ltd., which will be digested and mastered by the company.
Article 3: Each party of Party B promises to keep strictly confidential any technical secrets and proprietary information provided and disclosed by Party A due to this technology shareholding, and will not provide them to any third party for possession or use in any way, nor will they be used for proprietary business.
Article 4: After the technological achievements become shares, Party A obtains the shareholder status, and the e-commerce platform technology is enjoyed by Shanghai Information Co., Ltd. ..
Article 5: Agreement on Liability for Breach of Contract:
Article 6: All disputes arising from the performance of this Agreement or related to this Agreement shall be settled by both parties through friendly negotiation; If the agreement fails, it shall be settled by the people's court of the place where the contract is signed.
Article 7: This contract shall come into effect after being signed and sealed by all parties to the agreement. The original of this contract is in duplicate, one for both parties and one for the examining and approving authority, all of which have the same effect.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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