With the continuous progress of society, more and more places use agreements, and signing agreements can protect their legitimate rights and interests to the greatest extent. So what kind of agreement is effective? The following is my corporate financing agreement. Welcome to learn from it. I hope it helps you.
Enterprise financing agreement 1 Signing place:
When signing the contract:
Party A (investor)
Party B (Borrower)
I. General principles
Party A shall arrange clean, clean and non-criminal funds to fund Party B's projects, and take all economic and legal responsibilities of the company as the guarantee.
Party B has the ability to guarantee all the economic and legal responsibilities of the company as a legal person, issue a deposit slip to the bank as a financing condition for Party B's project development, and agree to use the corresponding project guarantee to carry out delayed financing of the project.
Second, financing and related conditions
1. Currency: USD. Euro. Renminbi (RMB) ...
2. Total amount of financing:
3. Financing conditions: bank deposit slip, letter of credit or letter of guarantee valid for more than one year.
4. Issuer: Four major commercial banks in China, Bank of Communications or Minsheng Bank, CITIC Industrial Bank, etc. Internationally renowned banks.
5. Loan term: 3-20 years.
6. One-time discount of 6-8% (various expenses: operating fee of American bank, commission of American investment company, agency fee of China, etc. )
7. Financing annual interest rate: 2.95% (tentative). The final interest rate is based on the long-term loan interest rate announced by the Federal Reserve at the time of Party A's first repayment, and this interest rate remains unchanged during the loan period.
8. Down payment: ten thousand dollars.
9. Subsequent payment: according to the payment plan agreed by both parties.
10. Inquiry method: swift
1 1. Operation mode: bank to bank.
2. In order to supervise the better operation of funds, Party A sent two personnel to the leadership of the project company to participate in the construction and operation of the project (macro).
13. If losses are caused by Party B's poor management and the loan cannot be repaid at maturity, the relevant assets of Party B shall be verified and distributed to Party A according to the relevant laws of China. ..
Third, the operating procedures
1. Both parties shall first sign and confirm this contract by e-mail or fax after completing all preliminary work for negotiation of financing terms.
2. Within 3 banking days after signing the contract by fax, both parties formally sign this contract, and at the same time, Party B shall provide the coordinates of the receiving bank and the effective legal text of the company, a copy of the company's business license, a copy of the legal person code certificate, a copy of the legal representative's ID card, a financing resolution of the board of directors, a power of attorney, etc.
3. After signing the contract formally, Party B shall issue the original bank deposit slip from the bank within half a month, and send the scanned copy of the original bank deposit slip to Party A by email. ..
4. After Party A's bank receives the scanned e-mail of the original bank deposit slip issued by Party B's bank, it makes an inquiry through swift, and sends a payment notice to the receiving bank according to Party B's requirements within 15 banking days after the inquiry is correct.
5. Party A shall remit the first payment to the receiving bank designated by Party B within 265,438+0 banking days after the payment notice is issued.
6. After the down payment is in place, the balance will be paid in 3-5 months.
7. After Party B receives all the money, Party A shall withdraw the interest from the interest note issued by the relevant bank where Party B opens an account before June 65438+February 15 every year, and submit the interest note issued by the bank to Party A for the next year. ..
8. The bank deposit slip issued by Party B will be automatically unfrozen after one year and one month.
Fourth, the legal basis
Paris International Chamber of Commerce icc500( 1993) finally revised terms.
Verb (abbreviation for verb) * * * Compliance clause
Once this contract is signed, neither party may terminate or dissolve this contract for any reason.
Liability for breach of contract of intransitive verbs
1, Party A and Party B earnestly perform the terms of the contract; According to icc500, the breaching party shall compensate the observant party 1% of the contract amount as liquidated damages and bear corresponding legal responsibilities.
2. If this Agreement cannot be performed due to force majeure, natural disasters, turmoil and war, neither Party A nor Party B shall be liable for breach of contract.
3. Failure to operate according to the terms of the contract leads to the termination of the transaction or violation of the terms of the contract, which is regarded as breach of contract.
4. Party B guarantees that the deposit slip and relevant documents are legal and authentic. If it is found to be false and untrue after verification by Party A's bank, it shall be regarded as a breach of contract.
5. If Party A fails to allocate funds to Party B according to the terms of the contract, it will be regarded as a breach of contract.
Seven. Termination of dispute settlement
If there is a breach of contract dispute between the two parties, either party has the right to submit it to arbitration. The arbitration institution is China International Economic and Trade Arbitration Commission/icc international court of arbitration, China.
Eight. Entry into force and termination
1. This contract is in Chinese version in duplicate, with each party holding one copy.
2. This contract shall come into effect immediately after signing. Both parties agree to all the contents of this contract in writing, and it will be terminated upon completion of performance.
3. For matters not covered in this contract, a copy of the contract shall be made separately, which shall be an integral part of this contract and have the same legal effect as this contract.
Party A: Party B:
stamp
Sign on behalf of ...
Year, month, sun, moon, sun.
Article 1 of Enterprise Financing Agreement II: Party A and Party B..
Party A: _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _
Article 2: Matters of cooperation
Whereas both Party A and Party B have clear investment intentions and investment intentions, this agreement is signed on the basis of mutual benefit through friendly negotiation, with a view to financing future investments.
Article 3: Basic Rights of Both Parties
1. Party A plans investment projects, builds project passages and submits project implementation plans;
2. Party B authorizes Party A to invest in this project and supervise the implementation of Party A's project.
Article 4: Project Financing
1. This agreement does not involve specific investment projects and belongs to the scope of venture capital operation. Party A is mainly responsible for investigating the market, looking for investment opportunities, and consulting with Party B on investment matters after selecting suitable projects to start investment.
2. Party B accepts the financing requirements put forward by Party A and Party A's overall operation of the funds after capital injection (after investment).
3. If Party A cooperates with a third party, it shall submit the original contract with the third party to Party B for inspection, provide a copy to Party B, and sign an additional agreement attached to this agreement.
Article 5: Financing Amount and Payment
1. In order to protect the rights and interests of Party A and Party B to the greatest extent, Party A has set the minimum amount of financing line, which is RMB _ _ _ _ _ _ _ _ _ _.
2. After signing the financing agreement, Party B shall transfer the funds to the same account of both parties at one time, and the withdrawal shall be signed by both parties for confirmation.
Article 6: Distribution of Equity and Interests
1. Party A accounts for _ _ _ _ _ _ _ _% of all the shares; Earn the income according to _ _ _ _ _%, and distribute the benefits every _ _ _ _ _ _ months according to the actual situation; Party B accounts for _ _ _ _ _ _ _ _% of all the shares; The income is obtained at the rate of _ _ _ _ _ _%, and the income is distributed once every _ _ _ _ _ month according to the actual situation.
2. After Party A and Party B sign this agreement, Party B will transfer the funds to the company account with the same account name, and the withdrawal shall be confirmed by both parties.
3. Party A and Party B shall not unilaterally transfer money for any reason at any time, and the flow of funds will be effective only after both parties go to the bank to sign the formalities.
4. In case of losses, Party A shall not bear corresponding responsibilities; The losses exceeding the investment quota shall be borne by both parties;
Article 7: Rights and obligations of Party B
1. Where the contract involves a third party, Party B has the right to request to consult the original contract between Party A and the third party and make a copy of the contract as the original material (or the annex to this contract) to measure the distribution of benefits;
2. Where cooperation with a third party is involved, Party B shall not go beyond the contact and negotiation between Party A and the third party, or directly sign relevant agreements with the third party, otherwise it will be deemed as breach of contract;
3. Main work contents of Party B
(1) Evaluate the investment plan proposed by Party A, and have one vote of veto;
(2) Track the implementation of Party A's plan, put forward reasonable suggestions and urge Party A to implement them;
(3) The contract signed between Party A and a third party can only be implemented after being evaluated and confirmed by Party B;
Article 8: Rights and obligations of Party A
1. Be responsible for the search, preliminary feasibility assessment and qualitative positioning of the whole project, and submit an adequate project analysis plan for discussion with Party B;
2. Negotiating with a third party and writing the contract text must be evaluated by Party B;
3. Be responsible for the implementation of the whole project to ensure the maximum benefits of both parties;
4. Solve various problems in cooperation with third parties to ensure smooth cooperation;
Article 9: Payment of fees
1. Within three days after the contract is signed, Party A and Party B shall issue valid certificates to handle the same account;
2. From the fourth day to the thirteenth day (within one week), Party B shall deposit all investment funds into the same account of both parties;
3. Both parties designate _ _ _ _ _ _ _ _ bank;
4.* * * Same account name: _ _ _ _ _ _ _ _ _ _ _; * * * Same account number: _ _ _ _ _ _ _ _ _ _ _.
Article 10: Both parties promise that
1. Party A shall provide quality investment services to Party B on the principle of honesty, professionalism and high efficiency;
2. Party A shall guarantee the accuracy, completeness and legality of all information provided;
3. Party A shall not ask Party B to do anything that violates national laws and regulations.
Article 11: Liability for breach of contract
1. If Party A fails to fulfill its obligation of good faith and hopes that Party B will conceal or falsely report relevant information and data, Party A will compensate Party B for a penalty of 5,000 yuan, and this agreement will be automatically terminated.
2. If, after the signing of this agreement, Party B fails to deposit the agreed investment amount into the same account of * * * at the agreed time, and compensate Party A for the liquidated damages of 5,000 yuan, this agreement will remain valid.
Article 12: Settlement of Contract Disputes
1. Any dispute arising from the performance of this Agreement shall be settled by both parties through consultation; If negotiation fails, it may apply to the local arbitration commission for arbitration or bring a lawsuit directly to the local people's court;
2. This agreement is made in duplicate and will come into effect after being signed by both parties. If another agreement needs to be signed due to the cooperation of a third party, it shall be attached as an annex to this agreement.
Party A: _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
ID card: _ _ _ _ _ _ _ _ _ _ ID card: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Contact information: _ _ _ _ _ _ _ _ _ _ _ Contact information: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _
Enterprise financing agreement 3 Both parties to the contract:
Party A (Seller): (Note: full name of the company that needs to apply for business license)
Registered address: (Note: subject to business license) Postal code:
Mailing address: (Note: subject to the actual office address) Postal code:
Legal representative/person in charge:
Contact person: Tel:
E-mail: fax:
Party B (Buyer): (Note: full name of the company that needs to apply for business license)
Registered address: (Note: subject to business license) Postal code:
Mailing address: (Note: subject to the actual office address) Postal code:
Legal representative/person in charge:
Contact person: Tel:
E-mail: fax:
Whereas Party A is financing (equity/creditor's rights) for _ _ _ _ _ _ _ (hereinafter referred to as the "target project"), the following comprehensive financing cooperation agreement is reached through friendly negotiation between both parties:
Article 1 Cooperation Matters: Party A entrusts Party B to fully finance the target project.
Article 2 Party A's minimum requirements and commitments for project financing:
1. Financing amount: _ _ _ _ _ _ ten thousand yuan.
2. Financing term: _ _ _ _ _ _ years.
3. Investors can hold shares (Yes/No), which can account for _ _ _ _ _ _% of the equity.
4. In the case of fixed return (or loan) financing, the maximum annual return interest rate that Party A is willing to pay is _ _ _ _ _ _ _%.
5. Party A promises and guarantees that the following assets or warrants of itself or others can be used as collateral or pledge for this financing.
( 1)_________。
(2)_________。
(3)_________。
6. According to the Articles of Association of Party A, Party A shall convene a shareholders' meeting or a written resolution of the board of directors to agree to financing, and give corresponding authorization to the current legal representative. The original resolution of the shareholders' meeting or the board of directors shall be kept by Party B.. The general meeting of shareholders or the board of directors shall approve the formal investment (financing or cooperation) agreement within three days after signing. If the legal representative of Party A cannot be personally responsible for the project financing, please ask the company to authorize the relevant personnel, clarify the scope of authorization, and issue a power of attorney to facilitate this person's negotiation and related activities. The original power of attorney shall be kept by Party B..
Article 3 Rights and obligations of Party B
1. Party B has the right to communicate and negotiate with investors independently within the scope required by Party A;
2. Party B has the right to get the consulting service remuneration agreed by both parties;
3. In principle, Party B cannot exceed the requirements of Party A.. If in the process of financing, investors or financing objects raise matters that are contrary to Party A's requirements, Party B can't claim them at will, but should seek Party A's opinions in writing. After Party A's official reply (fax or official text), Party B will make corresponding reply to investors.
4. Main work of Party B:
(1) Set up a special project financing team and assign the team leader to be responsible for the project financing;
(2) Conduct on-the-spot investigation and careful investigation on the project party;
(3) According to careful investigation, formulate the financing strategy and financing implementation schedule of the project;
(four) to formulate the business plan of the project;
(5) Carefully choose the right investors;
(6) Initial communication and answering questions with investors;
(7) Organize major investors to visit the project side;
(8) Assist Party A to negotiate with investors;
(9) Responsible for drafting relevant investment agreements (draft), articles of association (draft), resolutions of shareholders' meeting (draft) and resolutions of the board of directors (draft).
(10) Assist Party A to arrange the signing ceremony.
(1 1) Give suggestions on the organizational arrangements of the new company.
5. Party B shall report the financing progress of the target project to Party A in writing every week.
Article 4 Rights and obligations of Party A
(1) Party A has the right to obtain the corresponding quality services agreed in this agreement;
(2) Party A has the right to inquire and supervise Party B's work progress on the target project, and Party B shall give a true and detailed reply.
(3) Party A shall truthfully inform Party B of the matters attached to this Agreement, and shall not conceal or make false reports;
(4) Party A shall skillfully prepare investors' questions as required by Party B, and shall not make mistakes;
(5) Party A shall give a formal written reply to the questions and requirements raised by Party B in the financing process within 2 days;
(6) Party A shall cooperate with Party B in the negotiations with investors and shall not delay or refuse without reason;
(7) Party A shall receive the inspection of key investors in a friendly and thoughtful way, and may decide whether to invite relevant leaders of local government departments to participate in the interview according to Party B's instructions. Party A shall bear the corresponding expenses for proper investigation (including the travel expenses of Party B accompanying the investors, and Party A shall not refuse if the investors request to bear the appropriate transportation expenses for their return trip).
(8) Party A shall pay corresponding service fees to Party B according to the requirements of this Agreement.
Article 5 Term of the Agreement: from the date when both parties sign the Financing Service Agreement to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ After the expiration of the term of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 6 Payment of expenses
1. The total cost of this financing service is _ _ _ _% of the actual financing amount, which shall be paid by Party A to Party B. Payment method:
(1) down payment: Party A shall pay RMB _ _ _ _ _ _ _ _ _.
(2) Within 7 days after the first financing payment reaches the relevant account, Party A will pay the remaining amount to Party B after deducting the down payment deposit.
2. Party A shall remit the expenses to the account designated by Party B according to Party B's requirements;
Account name: _ _ _ _ _ _ _, account number: _ _ _ _ _ _.
Article 7 Both parties promise that
(1) Party B shall provide quality services to Party B in good faith, professionalism and efficiency;
(2) Party A shall be responsible for all the information provided and guarantee its authenticity, integrity and legality;
(3) Party A shall not ask Party B to do anything that violates the laws and regulations of powerful countries and industries.
Article 8 breach of contract clause
(1) If Party B fails to perform the financing-related obligations without any reason after collecting the fees, Party A has the right to require Party B to return the liquidated damages of double the paid amount.
(2) If the financing fails within the term of the agreement, Party A also proposes to terminate the agreement, and Party B unconditionally returns 50% of the deposit paid to Party A, and the agreement is terminated. If the financing work is reasonably delayed due to Party A's reasons, the term of this agreement shall be postponed accordingly. If Party A requests an extension for too long, Party B has the right to terminate this agreement unilaterally.
(3) If Party A fails to fulfill the obligation of good faith and conceals or falsely reports the relevant information and data of Party B and investors, Party B has the right to terminate the service agreement in advance and demand Party A to pay a penalty of twice the down payment.
(4) Due to Party A's reasons, such as Party A's bankruptcy and liquidation, the financing work cannot be continued and the investors' funds cannot be put in place; If Party A abandons this Agreement midway for various reasons (such as other funds available, acquired, etc.). ), Party B has the right to require Party A to continue to perform this Agreement. If Party A refuses to continue to perform this agreement, Party B has the right to unilaterally terminate this agreement, and demand Party B to pay a penalty of twice the deposit, and reserve the right to claim compensation (including but not limited to the reputation loss caused by Party B's breach of contract in the investor field).
(5) If Party A fails to pay the relevant amount as agreed in this Agreement, Party A shall pay 0.5% of the unpaid amount as penalty for each day overdue from the date of payment.
Article 9 Choice of Party A and Party B
Within one month after signing the contract:
(1) Party A's choice: Party A may terminate this Agreement and notify Party B in writing that the expenses paid by Party A to Party B cannot be recovered, and Party B cannot ask Party A to compensate the related losses caused by the termination of the Contract. This agreement is terminated early.
(2) Party B's right to choose: If Party B finds that there are few interested investors after working for a certain period of time, Party B has the right to terminate the service and notify Party A in writing, but Party B shall fully refund the deposit paid by Party A, and Party A shall not claim compensation from Party B. This Agreement shall be terminated early.
Article 10 Settlement of contract disputes:
Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, the case may be submitted to the _ _ _ _ _ Arbitration Commission for arbitration, or a lawsuit may be brought directly to the _ _ _ _ people's court.
Article 11 This contract is made in duplicate and signed by both parties. If the distance is far away, you can also sign by fax, but you should attach the ID card of the signatory or the fax of the business photo of the legal person.
Article 12 This Agreement shall come into force as of the date of signature and seal by both parties.
(There is no text below)
(Contract signing page)
Party A (company seal): Party B (company seal):
Legal representative
(or authorized representative): (or authorized representative):
Date of signature: year month day.
Signing place: it is recommended to fill in the location of our signing subject.