Cooperative development contract 1
In accordance with People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Urban Real Estate Management Law and other relevant laws and regulations, in order to clarify responsibilities and abide by credit, this contract is hereby signed for common compliance.
First, the way of cooperation.
Both Party A and Party B develop real estate projects in the name of Party B, and the project name is tentatively set as.
Second, the conditions of cooperation:
1. Party A provides the right to use the land to be developed, and Party B provides all the funds needed for the cooperative development of the real estate.
2. Party B guarantees to provide a complete set of information required by the real estate development enterprise, such as the qualification of the real estate development enterprise, and ensure that the registration of the enterprise is true and legal, and the business scope meets the requirements of real estate development.
3. Party B shall go through various licensing procedures for real estate development and various administrative examination and approval items required for real estate development, and Party A shall actively assist.
4. In the process of real estate development, the design and construction enterprises selected by Party B should have qualification certificates and safe production conditions that meet national standards.
5. The design, construction area and style of real estate development shall be determined by both parties through consultation. Without the consent of Party A, Party B shall not unilaterally change it.
Three. Party A provides the land use right of the land needed for cooperative development of the real estate, with the land area of mu and the service life of years. Party A guarantees that the land use right is obtained by transfer, without mortgage, and will not be investigated by other obligees.
If it is necessary to handle the transfer formalities of land use right due to real estate operation and sales, Party B shall contribute capital and handle it, and Party A shall provide assistance.
Four. This real estate development project started from the date of signing this contract and was completed on, and the cooperative development was terminated.
Party B is responsible for the daily management of project construction, and disputes arising from project quality and safety production shall be handled by Party B, and Party B shall bear corresponding legal responsibilities.
5. Income distribution.
During the performance of this contract, Party A and Party B shall designate accountants to be responsible for the sales funds of the house.
Party A shall draw the income from cooperative real estate development according to the construction area of real estate development of RMB/㎡, and Party B shall pay it to Party A in three installments.
Pay RMB yuan from the date of signing this contract and sell the developed real estate at half of RMB yuan. After the building development project is completed, Party B will settle all the income of Party A. ..
Liability for breach of contract of intransitive verbs
1. If the land provided by Party A causes losses to Party B or the contract cannot be fulfilled, Party A shall compensate Party B according to 10% of the design fee for real estate development.
2. If Party A suffers losses due to insufficient funds of Party B or other reasons of Party B, or this contract fails to be performed, Party B shall compensate Party A for the losses according to 65,438+00% of the design funds for real estate development.
3. Due to poor management or insufficient funds, Party B delays the contract or fails to pay Party A's income as agreed in this contract.
Compensate Party A for losses according to 10% of the income payable to Party A. ..
Party A: Party B:
Legal representative:
date month year
Cooperative real estate development contract is an unnamed contract in contract law. Due to the state-owned nature of urban land in China and the strict administrative management of the real estate market by the state, there are many administrative regulations on real estate management.
Therefore, this kind of contract excludes the autonomy of the parties to a certain extent, and it also shows strong China characteristics.
Generally speaking, cooperative real estate development contracts embody the following legal characteristics.
1, the complexity of the subject This is the proper meaning of a cooperative real estate development contract.
Different from a single real estate development enterprise, the subject of cooperative real estate development contract is much more complicated.
China's Urban Real Estate Management Law and other relevant laws and regulations have strict qualification requirements for specialized real estate development enterprises, while cooperative development provides space for a large number of non-real estate development enterprises to intervene in real estate development.
Therefore, the main body of cooperative real estate development contract presents a more complicated form, which can be both foreign legal persons and natural persons, as well as domestic legal persons and natural persons.
China's legislation does not prohibit domestic natural persons from being the main body of cooperative real estate development contracts, but due to the qualification limitation of real estate development enterprises, individuals can only be real estate project companies.
Shareholders (non-Chinese-foreign cooperative real estate development enterprises) participate in cooperative development and cannot directly engage in real estate development activities in their own names.
2. Strong administrative intervention.
The administrative intervention of cooperative real estate development contract is mainly reflected in a series of approval and registration procedures, and its effectiveness is also limited by administrative regulations such as land, planning, housing and construction management.
Specifically, it includes the land use right system and its registration system in the relevant foreign-invested enterprise law, the qualification approval and registration system of real estate development enterprises, and the approval and registration system of Chinese-foreign cooperative (joint venture) real estate development contracts.
Planning restriction on real estate development is a common practice all over the world, and the land system and foreign investment access approval system have strong China characteristics.
In the field of contract law in China, the administrative intervention in real estate contracts is relatively strong, and the administrative intervention in cooperative real estate development is also relatively strong.
This is an unavoidable problem in the practice and theoretical research of cooperative real estate development.
3. Diversity of cooperation forms As mentioned above, cooperative real estate development contracts have diversity in cooperation forms.
In organizational form, two or more civil subjects can jointly set up a real estate project company to engage in real estate development, or two or more civil subjects can jointly develop without setting up a project company.
All parties are related to the real estate they develop; It can be a cooperative development between domestic enterprises or a sino-foreign cooperative development; Sino-foreign cooperative development can be the establishment of Sino-foreign cooperative enterprises or Sino-foreign joint ventures.
Of course, no matter how diverse the forms of cooperation are, what remains unchanged is that all parties have contributed.
There are two main forms of capital contribution: land use right and capital. In addition, there is a special contribution, that is, the qualification of real estate development enterprises as a contribution.
We believe that in the current environment, the qualification of real estate development enterprises is also a relatively scarce resource and an intangible property. As a capital contribution, it does not violate the prohibitive provisions of the law.
In practice, only the qualifications of real estate development enterprises are used as the capital contribution of cooperative real estate development, because under the condition that all partners have the right to use the land for development projects,
Real estate development enterprise qualification can be applied directly, so real estate development enterprise qualification is usually used as the capital contribution of cooperative real estate development together with other forms of capital contribution.
Project cooperative development contract II
Contract number:
Technology development (cooperation) contract
Project name:
Party A:
Party B:
Intermediary:
Signature time:
Signing place:
Validity period:
Printed by the Ministry of Science and Technology of the People's Republic of China
Fill in and explain
1. This contract is a model text of technology development (cooperation) contract printed by People's Republic of China (PRC) and the Ministry of Science and Technology, and all technology contract registration agencies can recommend the parties to the technology contract for reference.
2. This contract is applicable to the technology development contract concluded by the parties for the research and development of new technologies, new products, new processes, new materials or new varieties and their systems.
Three. Matters not covered in this contract can be separately agreed by both parties in the attached page and become an integral part of this contract.
Four. The clauses that the parties agree not to fill in when using this contract shall be indicated in the clauses? Nothing? Equal sample.
Technology development (cooperation) contract
Party A:
Place of residence:
Legal representative:
Project contact:
Link formula
Mailing address:
Telegraph: transmitting the truth;
Electrical sub-boxes:
Party B:
Place of residence:
Legal representative:
Project contact:
Link formula
Mailing address:
Telegraph: transmitting the truth;
Electrical sub-boxes:
Intermediary:
Place of residence:
Legal representative:
Project contact:
Link formula
Mailing address:
Telegraph: transmitting the truth;
Electrical sub-boxes:
All parties to this contract participate in research and development on the basis of * * *
On the basis of truly and fully expressing their respective wishes and in accordance with the provisions of the Contract Law of People's Republic of China (PRC), both parties have reached the following agreement through equal consultation and will abide by it jointly.
Article 1 The requirements for cooperative R&D projects under this contract are as follows:
1. Technical objectives:
2. Technical content:
3. Technical methods and routes:
Article 2 In research and development projects, both parties to the contract shall undertake the following tasks:
Party A:
1. Research and development contents:
2. Work progress:
3. R&D cycle:
4. R&D location:
Party B:
1. Research and development contents:
2. Work progress:
3. R&D cycle:
4. R&D location:
Article 3 In order to ensure the full performance of this contract, the parties to the cooperation decide to organize, manage and coordinate the research and development work in the following ways:
Article 4 The cooperative parties confirm that they will provide the following technical data and conditions for the research and development of this contract project:
Party A:
Party B:
After the performance of this contract, the above technical data and conditions shall be handled as follows:
Article 5 The cooperative parties decide to provide or pay the research and development funds and other investments of this contract project in the following ways:
Party A:
1. Supply or payment method:
2. Amount paid or converted into technology investment:
3. How to use:
The name, address and account number of the opening bank are:
Bank of deposit:
Address:
Account number:
Party B:
1. Supply or payment method:
2. Amount paid or converted into technology investment:
3. How to use:
The name, address and account number of Party B's bank are:
Bank of deposit:
Address:
Account number:
Article 6 Partners who contribute technology shall ensure that the technology they provide is not infringed.
The legitimate rights and interests of any third party.
If a third party accuses one or more partners of infringement due to the implementation of the technology, the technology provider shall
Article 7 The modification of this contract must be agreed by all parties through consultation and confirmed in writing.
However, in any of the following circumstances, one or more partners may propose to other partners.
The other partners shall reply to the request for changing the rights and obligations of the contract within days;
Failing to give a reply within the time limit; According to the agreement:
1.
2.
3.
4.
Article 8 Without the consent of other partners, one or more partners may not transfer part or all of the research and development work of this contract project to a third party.
However, under any of the following circumstances, one or more partners may transfer part or all of the research and development work of this contract project to a third party without the consent of other partners:
1.
2.
3.
The specific contents that can be transferred by one or more partners include:
Article 9 When performing this contract, the existing technical level and conditions are difficult to meet.
If the technical difficulties overcome lead to the failure of research and development or partial failure, and cause losses to one or more partners, the partners agree to bear the risk losses in the following ways:
1.
2.
3.
Both parties confirm that the technical risk of this contract project is determined by _ _ _ _ _ _.
The basic content of identifying technical risks should include the existence, scope, degree and loss of technical risks.
The basic conditions for identifying technical risks are:
1. This contract project is difficult enough under the existing technical level;
2. Party B has no subjective fault, and the R&D failure is regarded as a reasonable failure.
When one party discovers that there are technical risks that may lead to the failure of research and development or partial failure, it shall notify other partners within days and take appropriate measures to reduce losses.
Failing to notify and take appropriate measures within the time limit, resulting in increased losses; Should be liable for the expanded losses.
Article 10 During the performance of this contract, if the technology researched and developed has been made public by others (including by way of patent right), one or more parties shall notify the other parties to terminate the contract within days.