Project partner cooperation agreement

Real estate development partner agreement model

Partner:

Through friendly negotiation, the cooperative parties reached the following agreement on the cooperative development of Yishe Village, Zhapiyan Village, Baosheng Township, chuanshan district for common compliance:

Article 1 The plot jointly developed and constructed by both parties is located in Zhapiyan Village 1 Community, Baosheng Township, chuanshan district.

The serial number is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Article 2 Both parties jointly establish Zhongtong Industrial Group Real Estate Development Co., Ltd. to promote the new world.

The project department carries out cooperative development.

1. The project department was formally established on the afternoon of 20 10- 12-9. Yong Yang and Liu Dan are responsible for the daily operation and management of the project department.

2. The total share capital of the project department is calculated as 4 million yuan, and the actual contribution is 3.6 million yuan. that

Yong Yang contributed RMB 654.38+0.44 million, accounting for 36% of the total share capital; Liu Dan contributed RMB 654.38+0.08 million, accounting for 27% of the total share capital; Qi Chen contributed 720,000 yuan, accounting for 65,438+08% of the total share capital; Luo does not contribute, but shares in technology account for10% of the total share capital; Wang Bing contributed RMB 6,543,800+0.8 million, accounting for 4.5% of the total share capital; Chen Shikui contributed 65,438 yuan+800,000 yuan, accounting for 4.5% of the total share capital. 3. The chief financial officer of the project department hired Wang Bing.

4. The project department can only implement major issues such as project planning, design unit, construction and equipment bidding, external financing, sales planning, pricing, etc. after the partners agree and sign. If no consensus can be reached, it shall be decided by voting according to the proportion of shares held by the partners, and the opinion of more than 50% shall be handled.

5. The Project Department shall accept supervision and inspection such as auditing and evaluation. By any party or personnel sent by social intermediary institutions.

Article 3 Both parties agree on the matching funds, payment and interest expenses as follows:

1. The capital investment of the project department will be allocated and put in place in time according to the equity ratio of both parties, and the capital return will also be returned according to the equity ratio of both parties.

2. All the corresponding supporting development funds invested by Party A and Party B in the project company according to the equity ratio are remitted to the account of the project department, and the development and operation expenses of the project department are paid from the account of the project department. Implement two lines of revenue and expenditure.

3. When the project meets the financing conditions, the project department can act as the main body of external mortgage financing to ensure the closed operation of funds only after the partners agree unanimously.

4. According to the actual development needs of the project, each partner of the development fund of the project department will make supporting investment and undertake according to their respective equity proportions, and the specific agreement is as follows:

(1) Contribution: The total registered capital agreed in Paragraph 2 of Article 2 shall be contributed in proportion to the equity. (2) upfront investment of the partner: the project department will issue a bill for confirmation within _7_ days after its establishment.

(3) Land late payment fee and land transfer fee: the total price agreed in the land use right transfer contract shall be paid by the project department in one lump sum.

(4) Project expenses and expenses other than land payment: including various expenses, management fees, construction fees, etc. Unified payment by the project department.

5, the project funds to ensure closed operation, no one may be used for other purposes; If it is really necessary for him to use it, it can only be implemented after the unanimous consent of the partners.

6. In addition to the funds invested by the partners in this project, if the project department needs to borrow money from shareholders and other personnel, the project department will pay the interest fee, and the interest rate is agreed to be _3_% per month. In the case of insufficient funds, the capital expansion of the project department is no longer considered.

Article 4 Considering some objective factors, both parties agree that if there is a principled problem in the cooperation process of this project, both parties can't negotiate, and any party who has objections has the right to request the termination of the project department and conduct liquidation, and at the same time, have the right to allocate all kinds of real estate according to the requirements of the construction drawing of this project in proportion to their respective shares. The unilateral cost of allocating real estate is calculated according to the principle of 65,438+0 and 400 yuan, including land, Jian 'an, community facilities, fees, design and planning fees and integration.

Article 5 After the completion of a project, final accounts shall be made in accordance with the relevant provisions of the state.

Article 6 Liability for breach of contract: 1. If the project department suffers economic losses due to the recourse of a third party due to any party, all losses shall be borne by that party. 2. In the process of cooperative development, if either party violates this agreement and delays the development and sales of the project (the development and sales time is 2011.20), the breaching party shall compensate the other party for _ _% of the funds invested in the project department. If the delay exceeds _3 months, the compensation ratio will increase by _ _% 5% every month.

3. If either party violates this agreement and fails to return the matching funds invested in real estate to the other party according to the equity ratio of both parties, it shall pay compensation according to 30% of the funds invested by Party B in the project department.

4. If either party violates the provisions of this agreement and fails to invest matching funds in the project department at the time determined by both parties, the breaching party shall compensate the other party for _20% of the funds invested in the project department. If it is overdue for more than 5 months, the compensation ratio will exceed 5% per month.

5. Either party must be responsible for the personal behavior of each party and its dispatched personnel. If the project is damaged due to personal violation of laws and regulations or malicious operation, the project department can investigate the personal economic and legal responsibilities through appropriate channels, and the dispatched party must also bear joint and several liabilities.

Article 7 Others

1. In case of any conflict between the terms of this agreement and relevant national laws and regulations, the national laws and regulations shall prevail. 2. Without the unanimous consent of both shareholders, the project manager shall not provide any form of external guarantee or loan.

3. If there are any matters not covered in this contract, both parties shall negotiate in time, modify or supplement according to the consultation opinions, and sign a supplementary agreement separately. The supplementary agreement has the same legal effect as this agreement.

4. Before this, it was about the signing of the first cooperative in Zhapiyan Village, Baosheng Township, chuanshan district. Baosheng Garden? Or? Baosheng New World? The Joint Development Agreement shall be abolished at the same time.

5. This agreement is made in quadruplicate, two for each party and two for the project department, and shall come into effect after being signed by both parties.

Partner:

Date of Signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Signing place:

Model partnership agreement

Article 1 The purpose of a partnership enterprise: _ _ _ _ _ _ _ _

Article 2 The name and main business place of the partnership enterprise: _ _ _ _ _ _ _ _

Article 3 The project and scope of partnership: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Article 4 The term of a partnership enterprise shall start from _ _ _ _ _ _ _ _ _ _ _ _ _.

Article 5 The amount, mode and duration of capital contribution.

(1) Partner _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _; _ _ _ _ _ _ _ (Other partners are listed in the same order as above)

(2) The capital contribution of all partners shall be paid in full before _ _ _ _ _ _ _ _ _ _ _ _.

(3) The capital contribution of this partnership is RMB _ _ _ _ _ _ _ _ _. During the partnership, the capital contribution of each partner is * * * property, and it is not allowed to ask for division at will. After the termination of the partnership, each partner's capital contribution will still be owned by the individual and will be returned at that time.

Article 6 surplus distribution and debt commitment.

All partners * * * operate together, * * * work together, * * * take risks, and * * * be responsible for their own profits and losses.

(Special note: surplus distribution and debt commitment can be agreed according to each partner's respective contribution or equal distribution. If there is no agreed sharing ratio, the partners shall share it according to the proportion of capital contribution. After either party makes external repayment, the other party shall pay off its share to the other party in proportion within 10 days. )

(1) Earnings distribution: based on _ _ _ _ _ _ _ _.

(2) Debt commitment: the partnership debt shall be paid off with the property of the partnership enterprise first. If the partnership property is insufficient to pay off, it shall be borne in proportion on the basis of _ _ _ _ _ _.

Article 7 Access, withdrawal and transfer of capital contributions.

(1).

1. The joining of new partners must be approved by all partners;

2. Acknowledge and sign this cooperation agreement;

3. Unless otherwise agreed in the occupation agreement, the new partner enjoys the same rights and assumes the same responsibilities as the original partner. The new partner shall be jointly and severally liable for the debts of the partnership before joining the partnership.

(2) Quit.

1. Voluntary withdrawal. During the operation of the partnership, the partners may withdraw from the partnership under any of the following circumstances:

Reasons for withdrawing from the partnership agreement;

B. Withdraw from the partnership with the consent of all partners;

C. it is difficult for partners to continue to participate in the partnership.

If the partnership agreement does not stipulate the term of operation of the partnership, the partners may withdraw from the partnership without affecting the implementation of the partnership affairs, but they shall notify the other partners 30 days in advance. If a partner withdraws from the partnership without authorization and causes losses to the partnership, he shall compensate for the losses.

2. Of course, resign. In any of the following circumstances, the partner will of course quit:

A is dead or declared dead according to law;

B is declared as a person without civil capacity according to law;

Personal bankruptcy;

D. the people's court enforces all the property shares of the partnership.

The effective date of withdrawal under the above circumstances is the actual withdrawal date.

3. Quit. Under any of the following circumstances, with the unanimous consent of other partners, a resolution can be made to replace the partner:

1. Failure to fulfill the obligation of capital contribution;

Causing losses to the partnership due to intentional or gross negligence;

Misconduct in the execution of partnership affairs;

Other reasons stipulated in the partnership agreement.

The resolution on the removal of a partner shall be notified in writing to the removed celebrity. The removed celebrity shall take effect from the date of receiving the notice of removal, and the removed celebrity shall withdraw from the partnership. Unless the celebrity disagrees with the resolution of delisting, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice of delisting.

After a partner withdraws from the partnership, other partners and quitters shall conduct liquidation according to the property status of the partnership at the time of withdrawal.

(3) Transfer of capital contribution.

Allow partners to transfer all or part of their property shares in the partnership.

Under the same conditions, partners have the priority to be assigned.

If it is transferred to a third person other than a partner, the third person shall be regarded as a partner, otherwise the transferor shall be regarded as a partner. A third party other than a partner who receives a share of the partnership property shall become a partner of the partnership after amending the partnership agreement.

Article 8 the person in charge of the partnership and the execution of partnership affairs.

All partners are engaged in partnership affairs. (Suitable for small partnerships. )

According to the agreement in the partnership agreement or upon the decision of all partners, _ _ _ _ _ _ _ _ _ is entrusted as the person in charge of the partnership enterprise, and its functions and powers are as follows:

1. Conduct foreign business and sign contracts;

2. The daily management of the partnership;

3. Selling partnership products (commodities) and purchasing ordinary commodities;

4. Pay the partnership debts;

5._________。

Article 9 Rights and obligations of partners.

(1) Rights of partners:

1. Management, decision-making and supervision of partnership affairs. The business activities of the partnership are decided by the partners * * *, and everyone has the right to vote regardless of the amount of capital contribution;

2. Partners have the right to distribute the benefits of the partnership;

3. The partners shall distribute the partnership interests according to the proportion of capital contribution or the contract, and the property accumulated by the partnership shall be owned by the partners.

4. Partners have the right to quit.

(2) Obligations of partners:

1. Maintain the unity of partnership property according to the partnership agreement;

2. Share the debts of the operating losses of the partnership;

3. Be jointly and severally liable for the partnership debts.

Acts prohibited by article 10.

1. Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of partnership without permission; If the profits from its operation belong to a partnership, it shall compensate for the losses according to the actual losses.

2. It is forbidden for partners to participate in the business that competes with this partnership;

3. Unless otherwise agreed in the partnership agreement or agreed by all the partners, the partners shall not conduct transactions with the partnership.

4. Partners shall not engage in activities that harm the interests of the partnership.

Article 11 Continued operation of a partnership enterprise.

(1) In the case of quitting the partnership, the remaining partners have the right to continue to operate the business of the original enterprise in the name of the original enterprise, and they can also select and recruit new partners to join the business.

(2) If a partner dies or is declared dead, the heir of the deceased partner may, at his choice, return the share of the property that the heir should inherit and continue to operate; You can also accept the heir as a new partner to continue the business in accordance with the partnership agreement or with the consent of all partners.

Article 12 Termination and liquidation of partnership enterprises.

(1) The partnership enterprise is dissolved for the following reasons:

1. The partnership term expires;

2. All partners agree to terminate the partnership;

3. No legal partner;

4. The partnership affairs have been completed or cannot be completed;

5. It has been revoked according to law;

6. Other reasons for the dissolution of the partnership as stipulated by laws and administrative regulations.

(2) liquidation of the partnership enterprise:

1. After the partnership is dissolved, it shall be liquidated and notify the creditors.

2. The liquidator shall be appointed by all the partners or agreed by more than half of all the partners. If the liquidator meets the following conditions, it shall appoint _ _ _ _ _ _ _ _ _ _ _ _ 15 days. If it is not determined, the partners or other interested parties may apply to the people's court for the appointment of the liquidator.

3. After paying the liquidation expenses, the partnership property shall be paid off in the following order: the wages and labor insurance expenses owed by the partnership; Tax owed by the partnership; Partnership debt; Return the capital contribution of the partners.

4. If there is any surplus after settlement, it shall be distributed according to the method in Paragraph 1 of Article 6 of this Agreement.

5. If the partnership suffers losses during the liquidation period and the property of the partnership is insufficient to pay off, it shall be handled in accordance with the second paragraph of Article 6 of this Agreement. Each partner shall bear unlimited joint and several liability, and if the amount paid by the partner exceeds the amount due to joint and several liability, the partner shall have the right to recover from other partners.

Article 13 Liability for breach of contract.

1. If the partner fails to pay the capital contribution in full and on time, it shall compensate the losses caused to other partners; If it is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

2. If a partner transfers his share of property without the unanimous consent of other partners, and his partner is unwilling to accept the transferee as a new partner, he may be treated as withdrawing from the partnership, and the transferor shall compensate the other partners for the losses caused thereby.

3. If a partner pledges his share of property in the partnership without permission, his behavior is invalid, otherwise it will be treated as withdrawal; If losses are caused to other partners, they shall be liable for compensation.

4. If a partner seriously violates this agreement, or the partnership enterprise is dissolved due to gross negligence or violation of the partnership enterprise law, it shall be liable for compensation to other partners.

5. Partners who violate the provisions of Article 9 shall be compensated according to the actual losses of the partnership to discourage listeners, and all partners may decide to be removed.

Article 14 settlement of contract disputes.

All disputes arising from or related to this agreement shall be settled by the partners through consultation. If negotiation fails, it shall be submitted to the _ _ _ _ _ _ _ _ _ Arbitration Commission for arbitration, or in other cities agreed by both parties. The arbitral award is final and binding on all parties.

Article 15 Others.

(1) Upon consensus, the partners may modify this agreement or supplement matters not covered; If there is any conflict between the supplementary and modified contents and this Agreement, the supplementary and modified contents shall prevail.

(II) Occupation contract is an integral part of this Agreement.

(III) This Contract was signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(IV) This contract shall come into effect after being signed and sealed by all partners.

Partner (signature): _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Signing place: _ _ _ _ _ _

Partner cooperation agreement