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Technology share-holding contract 1
Party A: _ _ _ _ (ID number:)
Party B: _ _ _ _ (ID number:)
Party A and Party B have fully negotiated on the basis of equality and voluntariness? In order to jointly build a factory and clarify the rights and responsibilities of all parties, the following terms of the agreement are hereby concluded.
First, the way of cooperation:
Contribution made by Party A, accounting for 70% of the shares; Party B contributes technology, accounting for 30% of the shares.
Two. Cooperation projects:
____。 Including all kinds of _ _ _ _ _ _ _ _.
Three. Cooperation time
Tentative _ 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.
Four. 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 for 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, of which Party A holds 70% and Party B holds 30%. Under the condition of ensuring the normal operation of the project, the year-end dividend will be paid once a year (annual 1 month divided into the dividend of the previous year). In order to expand business operations, it is necessary to retain profits, which must be agreed by all parties and shall not exceed 30% 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 guarantee
1. During the cooperation period, if either party 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 benefits due during the cooperation period (specifically, the responsible party shall compensate the injured party for all the 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. Other matters not covered 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)
Date: Date:
Technology share-holding contract II
Party A: _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _
Address: _ _ _ _ _ _
Postal code: _ _ _ _ _ _
Tel: _ _ _ _ _ _
Party B: _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _
Address: _ _ _ _ _ _
Postal code: _ _ _ _ _ _
Tel: _ _ _ _ _ _
Whereas:
1._________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Will _ _ provide advanced _ _ and _ _ support _ _ _ _ _ _.
Therefore, both parties have reached the following technical cooperation agreement through consultation:
Article 1 The main purpose of this agreement is international cooperation projects. The project was carried out under the direct supervision of _ _ _ _ _ _ and _ _ _ _ _.
Article 2 The general manager of the project shall come from _ _ _ _ _ _, and is mainly responsible for providing the necessary personnel and financial support for the development of the project. Members of this project team include _ _ _ _ _ _ _ _ _ _ _.
Article 3 _ _ _ _ _ _ _ _ is responsible for directly providing advanced products before _ _ _ _ _ _. These materials are mainly composed of opposite strains. _ _ _ _ _ _ _ _ _ _ will also help _ _ _ _ _ _ to find relevant projects (write proposals) and strive for government funds to support this project.
Article 4 _ _ _ _ _ _ _ _ shall be responsible for the joint research of quality funds, and provide _ _ _ with the project research progress report and annual summary report. The main activities of both parties shall be notified to the office.
Article 5 Based on this * * * existing agreement, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ All published or published results are recognized by both parties accordingly. Both parties will equally share any intellectual property rights arising from research in this industry and abide by the supplementary agreement on intellectual property rights signed with People's Republic of China (PRC). Any intellectual property rights arising from this work will be owned by both parties.
Article 6 Unless both parties renew this agreement, this agreement shall be valid for _ _ _ _ _ _ _ _ years.
Article 7 This Agreement is governed by international law.
Party A (seal): _ _ _ _ Party B (seal): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ Signing place: _ _ _ _ _ _
Technology share-holding contract 3
Last name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,
The address is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(Other partners should fill in the above items in the order)
Article 1 The purpose of a partnership enterprise: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 2 The name and main place of business of the partnership enterprise: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 3 The project and scope of the partnership enterprise: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
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 each partner 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.
(1) Income distribution: based on _ _ _ _ _ _ _ _ _
(2) Debt commitment: the partnership debt shall be paid off with the partnership property first, and if the partnership property is insufficient to pay off, it shall be borne in proportion with _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(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. )
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 admission agreement, the new partner and the original partner shall enjoy the same rights and bear the same responsibilities. The new partner shall be jointly and severally liable for the debts of the partnership before joining the partnership.
(2) Quit.
1, voluntarily quit. During the operation of the partnership, the partners may withdraw from the partnership under any of the following circumstances:
(1) Reasons for withdrawing from the partnership agreement appear;
(2) Withdrawing from the partnership with the consent of all partners;
(3) 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:
(1) died or was declared dead according to law;
(2) A person who has been declared legally incompetent for civil conduct;
(three) the individual loses the ability to pay off debts;
(4) All the property shares in the partnership enterprise shall be enforced by the people's court. The effective date of withdrawal under the above circumstances is the actual withdrawal date.
3. Quit. Under any of the following circumstances, a resolution can be made to remove the partner upon unanimous consent of the other partners:
(1) fails to fulfill the obligation of capital contribution;
(2) Causing losses to the partnership enterprise due to intentional or gross negligence;
(3) There is misconduct in the execution of partnership affairs;
(4) 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.
(1) All partners * * * are engaged in partnership affairs. (Suitable for small partnerships. )
(2) As agreed in the partnership agreement or decided by all partners, it is _ _ _ _ _ _ _ _
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 a 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 the partnership without permission; If the profits from its operation belong to a partnership, it shall compensate for the losses according to the actual losses.
(two) prohibit partners from participating in the business that competes with the partnership;
(3) Unless otherwise agreed in the partnership agreement or agreed by all the partners, the partners shall not conduct transactions with the partnership enterprise.
(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. During the liquidation period, if the partnership enterprise suffers losses and the partnership enterprise's property is insufficient to pay off, it shall be handled according to 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 a partner fails to pay the capital contribution in full and on time, it shall compensate the other partners for the losses suffered as a result. If the capital contribution has not been paid in full for _ _ _ _ _ _ years overdue, it shall be treated as withdrawal.
(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 enterprise without authorization, 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) If a partner violates the provisions of Article 9, he shall be dissuaded by the actual loss compensation of the partnership, and all partners may decide to remove him.
Article 14 settlement of contract disputes.
All disputes arising from or related to this agreement shall be settled through negotiation between the partners. If negotiation fails, the case shall be submitted to Suzhou Arbitration Commission for arbitration. 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) (omitted)
Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Technology share-holding contract 4
Party A:
Party B:
In view of Party A's industrial technology, Party B's understanding of Party A's technology, Party B's willingness to implement Party A's technology and know-how, as well as the material conditions, legal person qualification and necessary funds for implementing these technologies, both parties have entered into this contract through full consultation on the principles of equality, voluntariness, mutual benefit, compensation and honesty and credit for mutual compliance.
1. Contents, requirements and industrialization development degree of technology provided by Party A: technical achievements of providing industrial joystick control technology, implementing it according to the sales contract signed by Party A and Party B, and conducting trial production.
Two. The content of technical guidance: technical coordination of basic standards and product technical services.
Three. Technical instructors shall be dispatched by Party A, and the travel expenses and consulting service fees shall be borne by Party B. The specific cost standard shall be determined by both parties through separate agreement.
Four. Time limit, place and method of submission: 1. If both parties fail to agree on the time limit for performance, Party A can perform it at any time, and Party B can also ask the other party to perform it at any time, but the other party should be given the necessary preparation time. 2. It can be carried out at the location of Party B. 3. The structural design, new product development, test and analysis of the joystick can be completed by using the technology and experience owned by Party A..
Verb (abbreviation of verb) acceptance criteria and methods: according to product quality and service.
Cooperation mode of intransitive verbs: Party A provides qualified technical and related technical consulting services according to this agreement.
Seven. Provision and sharing of subsequent improvements: Party A and Party B agree that the improvement or innovation of existing technology and the ownership of other technologies obtained from this technology still belong to Party A, but Party B has the right to continue to use them free of charge during the cooperation period.
Twelve. Other agreements: When Party A and Party B cooperate on this technology, Party A and other enterprises or individuals who have the conditions to implement this technology are not restricted.
People cooperate.
Thirteen. Liability for breach of contract: If Party B divulges Party A's product technology and other information without Party A's consent, it shall pay () liquidated damages.
Fourteen Dispute settlement: Any dispute arising from this agreement shall be settled by both parties through friendly negotiation. If negotiation fails, both parties agree to submit it to the arbitration commission where the technology provider is located for arbitration.
15. This agreement has legal effect from the date of signing by both parties, in duplicate, with each party holding one copy.
Sixteen. For matters not covered in this agreement, both parties may sign a supplementary agreement or change the contents of this agreement after further negotiation, and the supplementary agreement or change has the same legal effect as this agreement.
Party A: Party B:
Signature: signature:
Date of signing:
Technology shareholding contract 5
Party A:
Party B:
On the basis of equality and voluntariness, Party A and Party B, through full consultation, hereby enter into this agreement for compliance and performance:
Article 1: Party A shares in Shanghai Information Co., Ltd. with its legally held e-commerce platform technology as intangible assets, and both parties agree to determine the value of this technology through negotiation, accounting for 25% of the company's registered capital (or: the value of this technology is RMB after evaluation, accounting for 25% of the company's registered capital).
Article 2: Party A shall go through the formalities of right transfer in time, provide relevant technical materials, give technical guidance and impart technical know-how, so that the technology can be successfully transferred to Shanghai Network Information Co., Ltd., which will be digested and mastered by the company.
Article 3: Each party of Party B promises to keep strictly confidential any technical secrets and proprietary information provided and disclosed by Party A due to this technology shareholding, and will not provide them to any third party for possession or use in any way, nor will they be used for proprietary business.
Article 4: After the technological achievements become shares, Party A obtains the shareholder status, and the e-commerce platform technology is enjoyed by Shanghai Information Co., Ltd. ..
Article 5: Agreement on Liability for Breach of Contract:
Article 6: All disputes arising from the performance of this Agreement or related to this Agreement shall be settled by both parties through friendly negotiation; If the agreement fails, it shall be settled by the people's court of the place where the contract is signed.
Article 7: This contract shall come into effect after being signed and sealed by all parties to the agreement. The original of this contract is in duplicate, one for both parties and one for the examining and approving authority, all of which have the same effect.
Party A: Limited Company (official seal)
Legal representative:
Party B: All existing shareholders of Limited Company (signature and seal):
Place of signing the contract: Shanghai
Date of contract signing:
Relevant clauses of the model technology share-holding contract:
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