Party A: all shareholders of XXX.
Address:
Legal Representative: Tel:
Party B: XXX ID number:
Address: Tel:
I. Definition
Unless otherwise specified in the terms or context of this Agreement, the following terms have the following meanings:
1. Shareholders refer to natural persons or legal persons who contribute to the establishment of a company, and shareholders enjoy equity.
2. Equity: refers to the registered capital of XXX company registered in the industrial and commercial department, with a total amount of RMB XXX million, and a certain proportion of equity corresponds to the corresponding amount of registered capital.
3. Virtual equity (performance shares): refers to the internal nominal equity of XXX Products Co., Ltd., and the virtual equity owner does not refer to the actual shareholder registered by Party A in the industrial and commercial registration. The owner of virtual equity only enjoys the distribution right of participating in the company's year-end net profit, and has no ownership or other rights. The virtual equity shall not be transferred internally or externally, and shall not be inherited.
4. Dividends: refers to the total after-tax net profit that a product company can distribute according to the Company Law of People's Republic of China (PRC) and the Articles of Association, and the dividends that each shareholder receives according to the shareholding ratio.
Second, the object of the agreement
According to Party B's work performance (see the Articles of Association for details), with the unanimous consent of all shareholders, Party A decides to grant Party B a virtual equity of X% or X million yuan, each share 1 yuan only.
1. The virtual equity of X% obtained by Party B will not change the Articles of Association of Party A, will not be recorded in the register of shareholders of Party A, and will not be registered for industrial and commercial change. Party B shall not use the virtual equity as the basis for owning Party A's assets.
2. After the annual accounting settlement, Party A shall calculate the total distributable after-tax net profit of the company in the previous year according to the provisions of the Company Law and the Articles of Association.
3. The dividend that Party B can get is the proportion of Party B's virtual shares multiplied by the total distributable net profit.
Third, the implementation of the agreement.
1. Party A shall conduct the accounting settlement of the previous year in X months every year to obtain the total after-tax net profit of the previous year, and notify Party B in time.
2. Party B shall enjoy the dividend of X months every year. Party A shall pay 50% of the bonus due to Party B within 7 working days after determining the bonus due to Party B. ..
3. Party B's bonus shall be paid in RMB, and Party A shall not pay in other forms unless Party B agrees.
4. The remaining bonus obtained by Party B shall be temporarily deposited into Party A's account and paid or handled according to the following provisions:
A. When this contract expires, if both parties agree not to continue to sign the labor contract, the dividends not drawn by Party B shall be paid to Party B by Party A at the annual rate of 1/x within three years after the expiration of this contract.
B. If Party A requests to renew the contract when the contract expires, but Party B does not agree, half of the dividends that Party B has not withdrawn shall be paid by Party A within five years after the contract expires; The other half of the bonus belongs to Party A. ..
C. If Party B terminates the labor contract signed with Party A in advance or Party B is dismissed by Party A for violating the relevant provisions of the labor contract or Party A's rules and regulations, the dividends that Party B has not withdrawn shall belong to Party A, and Party B has no right to withdraw any more.
5. Party B can still enjoy other benefits given by Party A according to the labor contract signed by both parties while obtaining the virtual shares granted by Party A. ..
Four. Term of agreement and its relationship with labor contract
1. Party B can enjoy the dividend right of the X% virtual equity within the term of this contract.
The term of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Extension of contract term:
This contract will automatically terminate on the expiration date unless both parties sign a written agreement to extend the term of this contract before the expiration date.
3. This agreement and the labor contract signed by Party A and Party B are independent of each other, and the performance and dissolution of the labor contract will not affect the rights and obligations stipulated in this agreement.
4. While obtaining the virtual equity granted by Party A, Party B can still enjoy other benefits granted by Party A according to the labor contract signed by both parties.
Verb (abbreviation for verb) Rights and obligations of agreement
1. Party A shall truthfully calculate the annual after-tax net profit, and Party B has the right to know.
2. Party A shall pay the dividends due to Party B in full and on time. ..
3. Party B has the obligation of loyalty and diligence to Party A, and shall not do anything that damages the interests and image of the company.
4. Party B shall keep the contents of this agreement confidential, and shall not disclose the virtual shares in this agreement and the number of shares and dividends obtained by Party B to a third party.
5. If Party B leaves Party A's company, or changes or dissolves this Agreement according to Article 6, Party B shall still abide by the provisions in Items 3 and 4 of this Article.
Alteration, rescission and termination of intransitive verb agreement
1. Party A may convert part or all of the X% virtual equity granted to Party B into actual equity according to Party B's working conditions, but both parties shall reach an agreement through consultation and sign a separate equity transfer agreement.
2. If both parties reach an agreement through consultation, the contents of the agreement can be changed in writing.
3. If both parties reach an agreement through consultation, this agreement can be dissolved in writing.
4. If Party B violates the obligations of this agreement and causes damage to Party A, Party A has the right to notify Party B in writing to terminate this agreement.
5. Party B has the right to notify Party A to terminate this agreement at any time.
6. If Party A's company is dissolved or cancelled, or Party B dies, this agreement will automatically terminate.
7. Unless both parties renew the contract according to Article 42, this contract shall be terminated on the expiration date; If the labor contract between Party A and Party B is terminated, this contract will also be terminated.
Seven. Obligation of confidentiality
Party B has the obligation to keep the contents of this agreement confidential, and shall not disclose the virtual shares in this agreement, the shares obtained by Party B and the amount of dividends to a third party unless Party A's permission is obtained in advance.
Eight. responsibility for breach of contract
1. If Party A violates this Agreement, delays or refuses to pay the dividends due to Party B, it shall be liable for breach of contract to Party B according to X% of the total dividends due.
2. If Party B violates this agreement, Party A has the right to reduce or not pay the bonus available to Party B at its discretion, and has the right to terminate this agreement. If losses are caused to Party A, Party B shall be liable for compensation.
3. If Party B violates Article of the Labor Contract, Party A has the right to terminate the Contract in advance.
Nine. Settlement of disputes
In case of any dispute arising from the performance of this Agreement, both parties shall first settle it through friendly negotiation. If negotiation fails, it shall be submitted to the people's court where Party A is located for ruling.
X entry into force of the agreement
The unanimous consent of all shareholders of Party A is the premise of this agreement, and the resolution of the shareholders' meeting is a necessary annex for this agreement to take effect. This agreement is made in duplicate, one for each party, and shall come into effect as of the date of signature or seal by both parties.
Company of Party B (signature)