Does the agreement signed by both parties have legal effect? As long as it does not violate the provisions of laws and regulations, the agreement signed by both parties voluntarily, equally and fairly has legal effect.
Does the dividend agreement signed with the company have legal benefits? The performance share dividend agreement signed with the company is legal and valid as long as it is the expression of your true meaning and the agreement does not conflict with the current laws and regulations. Thanks for reading!
Performance shares are just a popular saying. Can contribute 65,438+00% in the form of intellectual property rights. The equity of a limited liability company is best recorded in the company's articles of association, and registered for change in the industrial and commercial bureau, which is protected by law.
"Performance shares" refers to the shares that shareholders can hold a certain proportion of the company's shares without actually contributing capital. According to the laws of China, shareholders shall pay their respective subscribed capital contributions in full in accordance with the Articles of Association. Where a shareholder fails to pay the subscribed capital contribution in accordance with the provisions of the preceding paragraph, he shall be liable for breach of contract to the shareholder who has paid the capital contribution in full. So there is no so-called "performance stock" in China.
Misunderstanding in society: In reality, some people call the contribution of intangible assets such as industrial property rights and non-patented technology "performance shares", which is actually an incorrect understanding of the asset value of intangible assets. Intangible assets whose value is confirmed by evaluation should be recognized as actual capital contribution rather than so-called "performance shares" when the company is established. Therefore, China Company has no "performance shares". If it is a share invested by intangible assets, you'd better go to the industrial and commercial bureau for registration of equity change.
In addition, the acquisition and existence of performance shares are often based on effective share gift agreements. The effectiveness of the share donation agreement belongs to the agreement between shareholders, which is equally binding on shareholders as the establishment agreement, and the content of the share donation agreement can also be reflected in the company's articles of association. Since shareholders have not actually contributed capital, the confirmation of shareholders' qualifications is entirely based on the share donation agreement. If the Share Donation Agreement can be revoked, invalid or dissolved, the shareholders of dry shares will naturally be disqualified. The rights and obligations of performance shares, such as dividend claim and voting rights, are determined by agreement, but the obligations of shareholders, especially external obligations, are the same as those of ordinary shareholders, on the grounds that shareholders are registered and publicized. But generally speaking, if the shares received by the shareholders of dry shares are defective shares, the transferee of shares shall also bear the obligation of capital contribution. But generally speaking, if some of them are defective shares and some are normal shares, then the donated shares are first recognized as normal shares, and only when they are insufficient will they still be classified as defective shares.
In general, the acquisition and existence of performance shares are based on effective share grant agreements. Since shareholders have not actually contributed capital, the confirmation of shareholders' qualifications is entirely subject to the share gift agreement. As long as the share donation agreement is legal, it enjoys the rights and obligations stipulated in the share donation agreement.
A dry shareholder who changes shareholders and registers with the Industrial and Commercial Bureau becomes a full shareholder and fully enjoys the rights and obligations of shareholders.
I hope it will be useful to you.
Does the signing of the university graduation agreement have legal benefits? This is also a contract, and of course it has legal effect. The consequences of leaving your job are mainly determined by the agreement you signed and the rules and regulations of the employer. And it won't have any negative effects on you.
Does the agreement signed by two couples have legal effect? As long as both of them are persons with full capacity for civil conduct and the contents of the agreement do not violate the mandatory provisions of the law, public order and good customs, the agreement has legal effect.
Does the agreement signed with the company have legal benefits? Useful.
Go to a professional law firm for consultation.
Does the intermediary make the signing of the house viewing agreement have legal benefits? What you did was inappropriate. If the salesman asks you to cooperate in making private orders, don't do it. It's easy to have an accident, and I will take full responsibility in the future. It has nothing to do with other people's intermediary companies, which in itself bears legal risks.
Secondly, the house viewing agreement you mentioned is currently the hidden rule of intermediaries all over the country. Which agency will take you to see which house will try to sell. Don't deal with the owner privately or find another intermediary to trade this house, which is very easy to get into trouble (even if you don't sign it, you will be retaliated by the other party if you jump through the intermediary to do business).
According to the previous related cases, you may win a lawsuit, but you will face crazy retaliation from the intermediary company or salesman (the most common thing is to block your door with glue every day or often go to this room you like to bring a lot of people to make trouble. What's more, some of them are not afraid of going to prison, many of them have been there many times), so I suggest you pay the commission to each other in time and settle it early, which is the best way. Otherwise you really can't afford to lose each other.
You have done inappropriate things in many ways yourself, so learn from them.
Does the agreement signed when the company applies for bankruptcy reorganization have legal effect? Yes, it is.
But it depends on the specific agreement. In order to protect creditors, China's bankruptcy law stipulates a series of acts (such as withdrawing assets), which are revocable or invalid. Details are as follows:
Bankruptcy Law Article 31 Within one year before the people's court accepts the bankruptcy application, the administrator has the right to request the people's court to cancel the following acts involving the debtor's property:
(a) the transfer of property without compensation;
(2) Trading at an obviously unreasonable price;
(3) Providing property guarantee for debts without property guarantee;
(four) to pay off the outstanding debts in advance;
(5) Abandoning creditor's rights.
Article 32 If the debtor still pays off the debts to individual creditors under the circumstances specified in the first paragraph of Article 2 of this Law within six months before the people's court accepts the bankruptcy application, the administrator has the right to request the people's court to cancel it. However, unless individual payments are beneficial to the debtor's property.
Article 33 The following acts involving the debtor's property are invalid:
(1) Concealing or transferring property to avoid debts;
(2) Fictitious debts or admitting untrue debts.
Does the written agreement signed by the family members themselves have legal effect? From the simple loan relationship, the loan agreement between you and your cousin is valid, but if your cousin divorces her one day, there will be some disputes. If it is a real loan, you'd better let your cousin and brother-in-law sign the agreement together.