Party A:
Legal representative:
Address:
Postal code:
Contact telephone number:
Party B:
Legal representative:
Address:
Postal code:
Contact telephone number:
Based on the principles of equality, voluntariness and mutual benefit, Party A and Party B have reached the following agreement on establishing long-term business cooperation through friendly negotiation:
I. Term of cooperation
The agreement is valid for five years. From June to June.
Two. Contents of Party A's cooperative rights and obligations
1. Recommend suitable customers or projects to Party B. ..
2. Assist Party B to sign contracts with customers.
3. If Party A has not signed a contract with the customer, the cooperation process of Party B will be arranged by Party A. ..
4. The customers recommended by Party A to Party B directly sign the contract with Party B, and Party A will not bear any responsibility. Rights and obligations of Party B
1. Recommend suitable customers or projects to Party A. ..
2. Assist Party A to sign contracts with customers.
3. Services provided by customers recommended to Party A and their prices.
4. Party B agrees to settle accounts according to the agreed settlement time and method.
Third, conditions for cooperation.
1. If Party A successfully signs a contract with Party B or the customer recommended by Party B to Party A, the recommendation will be deemed as successful.
2. After successfully recommending the project, the recommended party will pay 2% of the actual turnover of the project to the recommender as a reward.
3. Payment method: payment shall be made from the second month after the recommender receives the customer service fee for the first time, and shall be settled once a month and paid before the 5th of each month. The referee will provide the corresponding official invoice.
Fourth, the liability for breach of contract
1. In the course of business execution, if one party damages the customer's business reputation or customer relationship, the other party may unilaterally terminate the cooperation relationship immediately. At the same time, the injured party can no longer pay the relevant expenses that should be paid in the unfinished business, and the injured party should continue to fulfill its payment obligations.
2. When both parties distribute profits, if either party has any objection to the base and method of profit distribution, it can be hired.
Ask an accounting firm to conduct an audit.
Verb (abbreviation of verb) supplementary variation
During the execution of this agreement, if both parties think it necessary to supplement or change it, they can sign a supplementary agreement. The supplementary agreement has the same legal effect. If the supplementary agreement is inconsistent with this agreement, the supplementary agreement shall prevail.
Termination of intransitive verb agreement
1. Either party shall notify the other party one month in advance if it terminates the agreement in advance. 2. After the expiration of this agreement, both parties shall give priority to renew their cooperation with each other.
Seven. Dispute resolution:
In case of any dispute, both parties shall actively negotiate and solve it. If negotiation fails, the injured party may bring a lawsuit to the Municipal People's Court.
Eight. This agreement shall come into force after being sealed by both parties. This agreement is made in duplicate, each party holds one copy, which has the same legal effect.
Party A: Party B:
Representative signature: Representative signature:
Date: xx, xx, xx, xx, XX, XX, XX
Seal: seal:
Model cooperation contract agreement for the second company
Party A:
Address:
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: (Postal Code:) _ _ _ _ _ _ _ _ _ _ _ _
Tel: Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
E-mail address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Authorized by China News Agency, China News Agency Photo Network Center (hereinafter referred to as Party A) and (hereinafter referred to as Party B) have reached the following agreement on the cooperation between Party A and Party B to provide pictures for Party B to publish in _ _ _ _ _ _.
Rule number one. Cooperation content:
1. 1 Party A authorizes Party B to download news pictures online from China News Pictures and publish them on _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 2. Responsibilities and obligations of both parties
Responsibilities and obligations of Party A:
2. 1 Party A authorizes Party B to download and use news photos online from China news photos. And in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2.2 Whether Party A provides Party B with ftp download authority: Yes _ _ No _ _;
2.3 Party A shall be responsible for the news authenticity and accuracy of the pictures provided, and ensure that there is no copyright problem in the news pictures. If there is any dispute with a third party about the authenticity, accuracy and copyright of news pictures, Party A shall assume the responsibility and be responsible for solving it;
2.4 Party A is responsible for paying the photographer's manuscript fee, and Party B has no relationship with the photographer.
2.5 Party A shall promptly notify Party B of the change in the mode of manuscript transmission.
Responsibilities and obligations of Party B:
2.6 Party B is only entitled to publish the pictures provided by Party A to Party B in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2.7 When Party B uses the pictures provided by Party A, it shall indicate that the pictures are provided by cnsphoto;
2.8 Party B shall obtain Party A's authorization to use the pictures for other commercial purposes;
2.9 Party B shall keep the information provided by Party A for one year. After one year, the storage or use of Party A's pictures shall be authorized separately;
2. 10 Party B shall pay the annual remuneration of RMB _ _ _ _ _ ten thousand Yuan to the following account within fifteen days from the date of signing this Agreement:
Bank:
Account name:
Account number:
Article 3 Effective Modification and Termination of the Agreement
3. 1 The agreement shall come into effect from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
3.2 Any party wishing to modify or dissolve this Agreement must be in written form, which is orally invalid; Termination of the agreement needs to be submitted to the other party one month in advance;
3.3 If either Party A or Party B fails to perform the terms of this agreement, resulting in the failure to perform or fully perform this agreement, the other party has the right to modify or terminate this agreement, and the breaching party shall bear the liability for breach of contract;
3.4 If this Agreement cannot be performed due to force majeure, both parties shall not be liable for breach of contract, and both parties shall negotiate to change or terminate this Agreement;
3.5 If this agreement conflicts with national laws, this agreement shall be changed according to national laws and regulations;
3.6 Matters not covered in this contract shall be separately agreed by both parties on the principle of mutual benefit and friendly consultation, and shall be embodied in the form of memorandum or annex;
3.7 The memorandum or annex of this agreement has the same legal effect as this agreement.
Article 4 Others
4. 1 This agreement is valid for one year. One month before the expiration, if both parties do not raise any objection, the validity of the agreement will be postponed;
4.2 This Agreement is made in quadruplicate, with Party A and Party B holding two copies respectively, all of which are equally authentic;
4.3 Neither Party A nor Party B shall disclose the contents of this Agreement to a third party without the consent of the other party.
Party A: Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Authorized representative: _ _ _ _ _ _ _ _ _ _ _ _ Authorized representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model essay on company cooperation contract agreement
Party A:
Address:
ID number:
Party B:
Address:
ID number:
Party A and Party B have reached the following agreement on establishing a limited liability company (hereinafter referred to as "the company") through friendly negotiation in accordance with the Contract Law of People's Republic of China (PRC), the Company Law and other relevant laws and regulations.
Name, domicile, legal representative, registered capital, business scope and nature of the company to be established
1. Company name: limited liability company
2. Address:
3. Legal Representative:
4. Registered capital: RMB.
5. Business scope: The specific items approved by the industrial and commercial departments shall prevail.
6. Nature: The Company is a limited liability company established in accordance with the Company Law and other relevant laws and regulations, and both parties shall be liable to the Company to the extent of the capital contribution subscribed at the time of registration.
Shareholders and their capital contribution
The Company is established by joint investment of shareholders of Party A and Party B, with a total investment of RMB, including start-up capital and registered capital, of which:
1, starting capital yuan
Party A contributes (1) yuan, accounting for 50% of the start-up capital;
(2) Party B contributes RMB, accounting for 50% of the start-up capital;
(3) Start-up funds are mainly used for the company's upfront expenses, including lease, decoration and purchase of office equipment. If the remaining funds after the company's opening are used as working capital, the shareholders shall not withdraw them.
(4) Before opening the company account, the startup funds shall be deposited into the temporary account (bank: account number:) designated by both parties, and the balance in the temporary account shall be transferred to the company account after the company starts business.
(5) Party A and Party B shall transfer their respective start-up funds into the above temporary account within days from the date of signing this Agreement.
2. Registered capital (RMB)
(1) Party A contributes in cash, with the contribution amount of RMB, accounting for 50% of the registered capital;
(2) The capital contribution of Party B is RMB, accounting for 50% of the registered capital;
(3) The registered capital is mainly used for company registration and working capital after the company's opening, and shareholders may not withdraw it.
(4) Party A and Party B shall deposit the registered capital into the company account within days from the date of opening the company account.
3. Any shareholder who violates the above agreement shall bear corresponding liabilities for breach of contract according to Article 8, Paragraph 1 of this Agreement.
Company management and division of functions
1. The company does not have a board of directors, but has executive directors and supervisors with a term of three years.
2. Party A is the executive director and general manager of the company, and is responsible for the daily operation and management of the company, with specific responsibilities including:
(1) Go through the formalities of company establishment registration;
(2) Recruit employees according to the company's business needs (financial and accounting personnel shall be appointed by both parties);
(3) Examination and approval of daily matters (major matters related to the development of the company shall be handled in accordance with the fifth paragraph of Article 3 of this Agreement; Party A's financial examination and approval authority is within RMB, beyond which it can only be implemented after being signed by both parties.
(4) Other duties required by the daily operation of the company.
3. Party B serves as the company's supervisor, specifically responsible for:
(1) Provide necessary assistance for Party A's operation and management;
(2) check the company's finances;
(3) Supervise Party A to perform the duties of the company;
(4) Other duties as stipulated in the articles of association.
4. Party A's salary is RMB/month, and Party B's salary is RMB/month, both of which are paid from temporary account or company account.
5. Handling of major issues
The company has no general meeting of shareholders. In case of any of the following major issues, it shall be agreed by both parties:
(1) The proposed company provides guarantees for shareholders, other enterprises and individuals;
(2) To decide on the company's business policy and investment plan;
(3) Other matters stipulated in Article 38 of the Company Law.
In case of any disagreement between Party A and Party B on the above-mentioned major issues, it shall be handled in the following way without damaging the interests of the company.
6. In addition to the above-mentioned major issues that need to be discussed, Party A and Party B unanimously agree to hold a regular meeting of shareholders once a week to summarize the company's operation in the previous stage and plan and deploy the company's operation in the next stage.
Fund and financial management
1. Before the establishment of the company, the funds were collected and paid by the temporary account in a unified way, which was supervised and used by both parties. If one party does not agree to use the other party's funds, the other party must give a reasonable explanation, otherwise, one party has the right to demand compensation from the other party.
2. After the establishment of the company, the funds shall be received and paid by the opened company account, and the financial affairs shall be handled by the financial accounting personnel designated by both parties. Settle the company's accounts daily and monthly, provide relevant statements in time, and submit them to Party A and Party B for signature, approval and filing.
Profit and loss distribution
1. Party A and Party B shall share the profits and losses in proportion to the paid-in capital contribution.
2. After-tax profit of the company, shareholders can only pay dividends after making up the company's losses in the last quarter and drawing the statutory reserve fund (10% of after-tax profit). The specific system of shareholders' dividends is as follows:
(1) Dividend time: the first day of the first month of each quarter, divided by the profit of the previous quarter.
(2) Dividend amount: 60% of the remaining profit in the last quarter, which shall be divided by Party A and Party B in proportion to the paid-in capital contribution.
(3) The company's statutory reserve fund has accumulated to more than 50% of the company's registered capital and may not be withdrawn.
Share conversion or withdrawal agreement
1. Share conversion: shareholders may not transfer their shares within one year from the date of establishment of the company. From, with the consent of one shareholder, the other shareholder can transfer the equity, at this time, the untransferred party has the priority to transfer the equity.
Where a shareholder of one party transfers all its shares to the other party, resulting in the change of the nature of the company into a one-person limited liability company, the transferor shall be responsible for the corresponding registration procedures. However, if the company loses its legal personality due to illegal transfer of shares, the transferor shall bear the main responsibility.
If the shares are transferred to a third party, the capital and management ability of the third party shall not be lower than that of the transferor, and the consent of the transferor shall be obtained separately.
If the transferor transfers the equity in violation of the above agreement, the transfer is invalid, and the transferor shall pay liquidated damages to the untransferred party.
2. Withdrawal:
(1) One shareholder must first pay off his personal debts to the company (including but not limited to his borrowing from the company, and his actions have caused losses to the company, etc.). ) and obtain the written consent of the other shareholder before withdrawing shares, otherwise the withdrawal will be invalid, and the party intending to withdraw shares will still enjoy and bear the rights and obligations of shareholders.
(2) Shareholder's withdrawal:
If the company is profitable, 60% of the total profit of the company shall be distributed according to the proportion of capital contribution paid by shareholders, and the other 40% shall be used as depreciation expense of the company's assets, and the withdrawing party shall not ask for distribution. After paying dividends, the withdrawing party can return its original total investment.
If the company is unprofitable, 80% of the company's existing total assets shall be allocated according to the proportion of shareholders' capital contribution, and the other 20% shall be used as the depreciation expense of the company's assets, and the withdrawing party shall not ask for allocation. In this case, the withdrawing party may not demand the return of its original total investment.
(3) Withdrawal of shares shall be settled in cash.
(4) If the nature of the company changes due to the withdrawal of one party, the withdrawing party shall be responsible for the change registration after the withdrawal.
3. Capital increase: If the company needs to increase its capital due to insufficient reserve funds, all shareholders will increase their capital contribution in proportion. If all shareholders agree, other ways of capital increase can be determined through consultation according to specific conditions. If a third party increases its shareholding, the third party shall acknowledge the contents of this agreement and share and assume the rights and obligations of shareholders under this agreement. The increase in shareholding must be agreed by all shareholders.
Dissolution or termination of the agreement
1. This Agreement shall be terminated in the following circumstances:
(1), due to objective reasons, the company was not established;
(2) The business license of the company is revoked according to law;
(3) The company is declared bankrupt according to law.
(4) Both parties agree to terminate this Agreement.
2. After the termination of this Agreement:
(1) Party A and Party B * * * jointly carry out liquidation, and may employ a neutral party to participate in liquidation if necessary;
(2) If there is surplus after liquidation, Party A and Party B can only ask for the return of capital contribution after the company has paid off all debts, and distribute the remaining property according to the proportion of capital contribution.
(3) Losses after liquidation shall be shared by all parties in proportion to their capital contributions. If the shareholders are jointly and severally liable for the debts of the company, they shall be repaid by all parties in proportion to their capital contributions.
responsibility for breach of contract
1. If either party violates the agreement and fails to pay the capital contribution in full and on time, it shall make up for it within days. If the company fails to be established as scheduled or causes losses to the company, it shall be liable for compensation to the company and the observant party.
2. In addition to the above-mentioned breach of investment, if any party violates this Agreement and causes losses to the interests of the company, it shall be liable for compensation to the company and pay liquidated damages to the observant party.
3. Other liabilities for breach of contract agreed in this Agreement.
other
1. This agreement shall come into force as of the date of signature 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. If this agreement involves the internal rights and obligations of both parties, if it is inconsistent with the Articles of Association, this agreement shall prevail.
3. 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 with jurisdiction at the company's domicile.
4. This agreement is made in duplicate, each party holds one copy, which has the same legal effect.
Party A (signature): Party B (signature):