Party A: _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
On the basis of equality and voluntariness, Party A and Party B, through full consultation, have reached the following terms and conditions on the joint operation of _ _ _ _ _ _ _.
First, the mode of cooperation
The contribution of Party A accounts for _ _ _% of the shares; Party B contributed by technology, accounting for _ _ _% of the shares.
Second, cooperation projects.
_________________________________________________。
Third, cooperation time.
The tentative date is _ _ _ _ _ _ _ _ years, counting from the date of signing this contract. After the expiration, if both parties wish to continue cooperation, they shall revise and sign a new agreement on the basis of this agreement.
Fourth, cooperation and division of labor.
1. Party B is responsible for the technical development, production training, production monitoring and product quality control of this project. Other responsibilities shall be borne by Party A (including equipment investment, material procurement, product sales, product distribution, financial management, etc.). ).
2. Each party reserves the right to review the financial operation of the project every month. If there is any doubt about the financial revenue and expenditure, profit and loss, they have the right to check the accounts by verifying the original vouchers. If the accounts are suspicious, the parties cannot give a reasonable explanation, and all parties to the project have the right to pursue the economic and legal responsibilities of the parties. The original income and expenditure related to all accounts of the project, such as expenditure and income, must be signed by all parties and submitted to the financial administrator for accounting.
Verb (abbreviation of verb) technology and market secrecy
During the cooperation period, without the consent of all parties to the project, no one may transfer technology and market content, cooperate with partners other than the two parties to the project or seek benefits for others, or disclose technology. Otherwise, the project partner has the right to confiscate the relevant income of the responsible party and investigate the economic and legal responsibilities of the responsible party.
Income distribution of intransitive verbs
1. The profit of this project is divided according to the different shareholding ratios of the partners. Among them, Party A shall share _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If it is necessary to retain profits for expanding business operations, it must be agreed by all parties and shall not exceed _ _ _ _ _% of the total annual profits. Retention is calculated as the contribution of each party according to the proportion of equity held by each party.
2. Considering Party B's personal situation, Party B has the right to advance the salary, but half of the salary will be deducted from Party B's year-end dividend and the other half will be included in the project operating cost.
3. The fixed assets contributed by Party A are depreciated for five years, and the working capital is not subject to interest.
4. The losses caused by product quality problems shall be borne by Party B, and the losses caused by poor sales management shall be borne by Party A..
Seven. Cooperative safeguard measures
1. During the cooperation period, if either party of the project partners withdraws from the cooperation project without the consent of the other party, the responsible party shall compensate the injured party for the investment loss and other due benefits during the cooperation period (specifically, the responsible party shall pay the injured party the total benefits of the remaining contract period according to the average benefits due to the injured party from the date of cooperation to the time of the accident). And must abide by the technical and market confidentiality regulations, and shall not use or operate similar technical content and market content of this project in the local area within two years. Otherwise, all parties to the project have the right to pursue all economic and legal responsibilities of the defaulting party.
2. During the cooperation period, due to force majeure factors such as war, disaster and disease, the cooperation of the project is dissolved or the partners no longer cooperate, and the technical content of the project belongs to both parties.
3. If one of the partners violates this contract, the other party has the right to cancel the cooperation with the defaulting party and investigate all economic and legal responsibilities of the defaulting party.
Eight. Matters not covered in this contract shall be supplemented by both parties through consultation, and the supplementary terms shall have the same legal effect as this contract.
Nine. This contract is made in duplicate, one for each party.
Party A (signature): _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
The second chapter is the simple model of share cooperation agreement.
Article 1 * * * Party A and the investor: _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A and Party B * * * and the investor (hereinafter referred to as "the same investor") jointly contribute capital according to the laws and regulations of People's Republic of China (PRC), and Party A enjoys the equity of _ _ _ _ _ _ in its name and participates in _ _ _ _ _ as the promoter.
Article 2 * * * Investors' capital contribution is consistent with their capital contribution methods.
* * * The contribution of the same investor is RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Both parties agree that Party A will participate in the establishment of the joint-stock company with the equity of _ _ _ _ _ _ _ _ _ _ _, and * * * will jointly hold _ _ _% of the total share capital of the joint-stock company with investors.
Article 3 Profit sharing and loss sharing
* * * Share the profits and losses of * * * with investors according to the proportion of their capital contribution to the total capital contribution. * * * An investor shall be liable for the same investment to the extent of its capital contribution, and an investor shall be liable for a joint stock limited company to the extent of its total capital contribution. * * * Shares contributed by the same investor and their aquaculture products * * * are owned by the same investor in proportion to their contribution. If the shares invested by * * * are transferred, each * * * investor has the right to obtain the property in proportion to his capital contribution.
Article 4 Business execution
1, * * * The investor entrusts Party A to represent all * * * and perform the daily affairs of * * * together with the investor, including but not limited to:
(1) Exercising and fulfilling the rights and obligations as a promoter of a joint stock limited company at the stage of its establishment;
(two) after the establishment of the joint stock company, exercise the rights of shareholders of the joint stock company and perform corresponding obligations;
(3) Collect the results of joint investment and dispose of them in accordance with the relevant provisions of this Agreement;
2. Other investors have the right to check the implementation of daily affairs, and Party A has the obligation to report the operating status and financial status of joint investment to Party B;
3. The profits generated by Party A's execution of the * * * investment firm shall be owned by the * * * investor, and the losses or civil liabilities incurred shall be borne by the * * * investor;
4. If Party A causes losses to investors due to negligence or non-compliance with this Agreement, it shall be liable for compensation;
5.* * * The same investor may object to Party A's execution of the same investment affairs. When raising an objection, the execution of the transaction shall be suspended. In case of any dispute, it shall be decided by * * and the investor * * * *;
6.* * The following matters with the investor must be agreed upon by * * and the investor:
(1) Transfer the shares invested by * * * in a joint stock limited company;
(2) Pledge with the above shares;
(3) Change the executor of the transaction.
Article 5 Transfer of investment
1. When * * * investors transfer all or part of their investment in * * * joint investment to people other than * * * joint investors, they must obtain the consent of * * * joint investors;
2. When * * * transfers all or part of its investment with investors, it shall notify other * * * and investors;
3. If the same * * * investor transfers its capital contribution according to law, under the same conditions, other * * * investors have the priority to be transferred.
Article 6 Other rights and obligations
1. Party A and other * * * investors shall not transfer or dispose of the shares invested by * * * without authorization;
2.* * * Within three years from the date of registration of a joint stock limited company, the same investor may not transfer its shares and capital contribution;
3. After the establishment of a joint stock limited company, no * * * co-investor may withdraw its capital contribution from the * * * joint investment;
4. When a joint stock limited company cannot be established, the debts and expenses arising from the establishment shall be shared according to the proportion of capital contribution of each investor.
Article 7 Liability for breach of contract
In order to ensure the actual performance of this agreement, Party A voluntarily provides all its property to provide guarantees to other investors. In case of breach of contract and losses to other investors, Party A shall be liable for breach of contract with the above-mentioned property.
Article 8 Others
1. For matters not covered in this agreement, a supplementary agreement shall be signed separately by * * after consultation with the investor.
2. This agreement shall come into effect after being signed and sealed by all investors. This agreement is signed in the form of _ _ _ _ _ _ _ _ _ _
Party A (signature): _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.