Contract number:
Party A: Party B:
Legal address: Legal address:
Legal representative:
Job title:
Authorized Agent: Authorized Agent:
ID number: ID number:
Mailing address: Mailing address:
Postal code:
Contact person: contact person
Tel: Tel:
Fax: Fax:
Account number: Account number:
Email: Email:
Party C:
Legal address:
Legal representative:
Location:
Entrusted agent:
ID number:
Mailing address:
Postal code:
Contact person:
Telephone:
Fax:
Account number:
E-mail:
In order to regulate the behavior of the partnership enterprise and protect the legitimate rights and interests of the partnership enterprise and its partnership enterprises, Party A, Party B and Party C sign this agreement on the principles of voluntariness, equality, fairness, honesty and credibility in accordance with the Partnership Enterprise Law of People's Republic of China (PRC) and relevant laws and regulations.
Article 1 Purpose of partnership
On the principle of mutual benefit, Party A, Party B and Party C jointly operate the beauty salon, and * * * work together, * * * jointly operate and * * * develop together.
Article 2 General situation of partnership enterprises
Name:
Business premises:
Scope: scope:
Operation mode:
Article 3 Term of Partnership
The term of the partnership is years, from the date of the month to the date of the month.
Article 4 Mode of capital contribution
1. Party A: the capital contribution is RMB, accounting for% of the registered capital;
2. Party B: The capital contribution is RMB, accounting for% of the registered capital.
3. Party C: The capital contribution is RMB, accounting for% of the registered capital.
The contribution of this partnership is RMB * * *. During the partnership period, the capital contribution of each partner is still * * * 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.
During the existence of a partnership, all the capital contributions made by the partners and all the income obtained in the name of the partnership are the property of the partnership, and their legitimate rights and interests are protected by law.
Article 5 Duration of capital contribution
The capital contribution of each partner shall be. If the payment is overdue or not paid in full, the bank interest shall be calculated and paid for the unpaid amount, and the losses caused thereby shall be compensated.
Article 6 Evaluation of capital contribution
Physical investment (or industrial property rights, non-patented technology, land use rights) should be evaluated and valued by an evaluation institution with the qualification of enterprise legal person. Within days after the company's registered capital is verified, it shall go through the formalities of property right transfer according to law, and submit relevant certificates to the company registration authority when applying for company establishment registration.
Article 7 Registration of partnership enterprises
All partners agree to designate representatives or * * * entrusted agents (referring to company representatives or lawyers of law firms with agency business) as applicants to apply to the registration authority for pre-approval and registration of enterprise names and establishment registration. The applicant shall guarantee the authenticity, validity and legality of the documents and certificates submitted to the registration authority, and bear the responsibility.
Article 8 Finance and Accounting
A partnership enterprise shall establish a property and accounting system in accordance with the Accounting Law of People's Republic of China (PRC) and the General Principles of Enterprise Finance and Accounting Standards for Enterprises promulgated by the Ministry of Finance.
Article 9 Residual distribution
1. All partners * * * operate together, * * * work together, * * * take risks, and * * * are responsible for their own profits and losses.
2. Earnings distribution is based on proportional distribution. The after-tax profit (loss) of this year shall be distributed by the partnership in the following order:
(1) Withdraw statutory common reserve10%;
(2) 5-10% from the statutory public welfare fund;
(3) Residual profits (losses) shall be distributed (shared) according to the proportion of the partners' investment.
3. When the profit distribution and loss of the partnership enterprise change, the specific scheme shall be decided by all partners through consultation.
Article 10 Debt Commitment
1, the partnership debt is repaid by the partnership property.
2. When the partnership property is insufficient to pay off, the partners shall bear the debts in proportion to their respective contributions.
3. When the debt commitment of the partnership enterprise changes, the specific scheme shall be decided by all partners through consultation.
4. If one or several partners carry out partnership affairs, they shall report the execution of the affairs and the operating and financial conditions of the partnership to other partners who are not involved in the execution of the affairs as agreed, and all partners shall bear the benefits, losses or civil liabilities arising from the execution of the partnership affairs.
Article 11 Entrusted executor
All partners shall determine the principal (one or more) to carry out the partnership affairs and issue a power of attorney for the partnership.
Article 12 Duties of the executor
The executor of enterprise affairs shall be responsible to all partners and exercise the following duties:
1. Conduct foreign business and sign contracts;
2. Preside over the daily production, operation and management of the partnership;
3. Formulate specific plans for profit distribution or loss sharing of the partnership;
4. Formulate the establishment plan of the internal management organization of the partnership enterprise;
5. Formulate the specific management system or rules and regulations of the partnership enterprise;
6. Propose to employ the management personnel of the partnership enterprise;
7. Formulate plans to increase investment in partnership enterprises;
8. Report the implementation, operation and financial status of the partnership to other partners every six months;
9. Unless otherwise stipulated in the Partnership Enterprise Law, resolutions on matters related to the partnership enterprise must be passed by more than two-thirds of the partners, and the voting method of one person, one vote shall be adopted. However, when the votes of both parties to the dispute are equal, the party who executes the affairs has the right of adjudication.
Article 13 Rights of other partners:
1. Have the right to supervise the partners who execute the partnership affairs and check their execution of the partnership affairs;
2, in order to understand the business and financial situation of the partnership, have the right to consult the books;
3. If the partners entrusted to carry out the partnership affairs do not carry out the affairs in accordance with this agreement or the decisions of all partners, they have the right to decide to cancel the entrustment;
4. When a partner carries out partnership affairs alone, other partners have the right to raise objections to the affairs carried out by the partner. When raising an objection, the execution of the transaction shall be suspended.
Article 14 Decision-making of enterprise affairs
The following matters of an enterprise must be unanimously agreed by all partners:
1. Dispose of the real estate of the partnership;
2. Change the name of the partnership;
3. Transfer or dispose of the intellectual property rights and other property rights of the partnership;
4. Apply to the enterprise registration authority for registration of change;
5. Providing guarantee for others in the name of partnership;
6. Hire a person other than a partner as the manager of the partnership;
7. Accepting new partners and withdrawing partners;
8. Partners conduct transactions with this partnership;
9. Partners increase their investment in the partnership to expand the scale of operation or make up for losses;
10. Relevant matters agreed in the partnership agreement.
Acts prohibited by Article 15
During the partnership, the partners shall not:
1. It is forbidden for partners to engage in business competing with this partnership alone or in cooperation with others;
2. Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of the partnership;
3. Unless all partners agree, the partners are prohibited from trading with the partnership;
4. Partners are prohibited from engaging in activities that harm the interests of the partnership.
If a partner violates the above terms and conditions and gains from his business are owned by the partnership, and losses are caused, compensation shall be made according to the actual losses. Discourage those who don't listen can be decided by other partners.
Article 16 Occupation
When a new partner joins the partnership, it shall be conducted in the following order:
1, subject to the consent of all partners;
2. The original partner informs the new partner of the operating status and financial status of the original enterprise;
3. Sign the occupation agreement according to law;
4. The new partner in the occupation shall be jointly and severally liable for the debts of the enterprise before the occupation.
Article 17 Circumstances under which you can quit the partnership
(1) If the term of operation of the partnership enterprise is stipulated in the partnership agreement, the partners may withdraw from the partnership under any of the following circumstances:
1. Reasons for withdrawing from the partnership agreement appear;
2. Withdraw from the partnership with the consent of all partners;
3. It is difficult for partners to continue to participate in the partnership;
4. Other partners seriously violate the obligations stipulated in the partnership agreement.
(2) 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.
Article 18. Of course, the situation of quitting the partnership
In any of the following circumstances, the partner will of course quit:
1, dead or legally declared dead;
2. Being declared as a person without civil capacity according to law;
3. Personal insolvency;
4. All the property shares in the partnership shall be enforced by the people's court.
Article 19 delisting and withdrawal from the partnership
Under any of the following circumstances, with the unanimous consent of other partners, a resolution can be made to replace the partner:
1, failing to fulfill the obligation of capital contribution;
2. Causing losses to the partnership due to intentional or gross negligence;
3. There is misconduct in the execution of partnership affairs;
4. Other reasons stipulated in the partnership agreement.
Article 20 Exit procedure
When a partner withdraws from the partnership, it shall be conducted in the following order:
1. When quitting the partnership, the other partners shall be notified 30 days in advance, and all partners agree to quit the partnership and sign a written agreement;
2. If a partner withdraws from the partnership, the other partners shall liquidate with the partner according to the property status of the partnership at the time of withdrawal and return the partner's share of the property; The quitter shall be liable for the losses or debts of the partnership before his withdrawal in proportion to the capital contribution;
3. If the quitter has unfinished partnership affairs, it shall be liquidated after settlement;
4. In any case, the investment made by the quitter shall be decided by all partners according to the actual situation of the enterprise, and shall be returned in cash or in kind;
5. The quitter shall be jointly and severally liable with other partners for the partnership debts that have occurred before he quits the partnership.
Article 21 Transfer of capital contribution
Partners must meet the following conditions when transferring their capital contribution:
1. The transfer of capital contribution by partners must be agreed by all partners;
2. When a partner transfers his capital contribution according to law, under the same conditions, other partners have the priority to be transferred;
3. Transfer by a third party other than the enterprise partner shall be deemed as embezzlement;
4. If the partners transfer their capital contribution according to law, the transferee will become a partner of the enterprise after modifying the partnership agreement, and enjoy the rights and bear the responsibilities according to the modified partnership agreement;
5. After the transfer of capital contribution, the partners of the enterprise must reach the quorum stipulated in the Partnership Enterprise Law.
Article 22 dissolution of an enterprise
An enterprise shall be dissolved in any of the following circumstances:
1. When the partnership term expires, the partners are unwilling to continue their business;
2. Dissolution of the partnership agreement;
3. All partners decide to dissolve;
4. Partners no longer have a quorum;
5. The purpose of the partnership has been achieved or cannot be achieved;
6. The business license is revoked according to law;
7. Other reasons for the dissolution of the partnership as stipulated by laws and administrative regulations.
Article 23 Liquidation sequence
1. The liquidation shall be undertaken by all partners, and the people's court shall determine the person in charge of liquidation or designate a liquidator;
2. When the enterprise is liquidated, the creditors shall be notified and announced;
3, clean up the enterprise property, prepare the balance sheet and property list respectively;
4. Deal with the unfinished business of the partnership related to liquidation;
5. After paying off expenses and debts, the surplus after liquidation shall be paid off in the order of wages (including medical care, disability allowance and pension), taxes and ordinary creditor's rights. If there is any surplus, the capital contribution shall be returned in proportion to the capital contribution;
6. After liquidation, if the enterprise suffers losses or is unable to repay its debts, no matter how much the partners contribute, it will be paid off with the property owned by the enterprise, and the part of the partnership enterprise's property that is insufficient to pay off will be borne by the partners in proportion to their contributions; (Inspirational World www.lizhi 123.net)
7. After the liquidation, a liquidation report shall be made. After the liquidation report is signed and sealed by all partners, it shall be submitted to the enterprise registration authority within 15 days, and the partnership enterprise shall be cancelled.
Article 24 Liability for breach of contract
1. 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.
2. If a partner pledges his share of the property in the partnership without permission, his behavior is invalid or he will be treated as withdrawing from the partnership; If losses are caused to other partners, they shall be liable for compensation.
3. 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.
4. If a partner violates the provisions of this contract on prohibited acts, he shall make compensation according to the actual losses of the partnership, and all partners may decide to remove him from the list to discourage disobedience.
Article 25 Representations and Warranties
The undersigned of this Agreement makes the following statements and warranties:
1. All partners are natural persons with independent civil capacity and have the legal right or authorization to sign this agreement.
2. The capital invested by each partner in the company is the legal property owned by each partner.
3. The documents and materials submitted by the partners to the company are true, accurate and effective.
Article 26 confidentiality
The parties to the contract promise to keep confidential the documents and materials (including business secrets, company plans, business activities, financial information, technical information, business information and other business secrets) belonging to other parties during the discussion, signing and implementation of this agreement. Without the consent of the original provider of materials and documents, the other party shall not disclose all or part of the contents of the trade secret to any third party. Unless otherwise stipulated by laws and regulations or otherwise agreed by the parties. The confidentiality period is years.
Article 27 Notice
1. According to the requirements of this contract, all notices issued by one party to the other party, documents exchanged by the parties, notices and requirements related to this contract, etc. It must be in written form and can be delivered by letter, fax, telegram or face-to-face delivery. If the above methods cannot be delivered, the method of announcement can be adopted.
2. The mailing addresses of all parties are as follows:
3. If one party changes its notice or mailing address, it shall notify the other party in writing within days from the date of change; Otherwise, the uninformed party shall bear the relevant responsibilities arising therefrom.
Article 28 Modification of the Contract
During the performance of this contract, if either party needs to change this contract under special circumstances, the party requesting the change shall promptly notify the other party in writing, and after obtaining the consent of the other party, both parties shall sign a written change agreement within the specified time limit (within days after the written notice is issued), which will become an integral part of this contract. Without a written document signed by all parties, either party has no right to change this contract, otherwise, the economic losses caused to the other party shall be borne by the responsible party.
Article 29 Settlement of disputes
Any dispute arising from the performance of this contract shall be settled by both parties through friendly negotiation. If negotiation fails, the dispute shall be settled in the following ways (select one and only one item, and tick "√" in the current box of the selected item): □ Apply to Shenzhen Arbitration Commission for arbitration; □ Submit to China International Economic and Trade Arbitration Commission South China Sub-commission for arbitration in Shenzhen; —— Bring a lawsuit to a people's court with jurisdiction.
Article 30 Force Majeure
1. If either party to this contract fails to perform all or part of its obligations under this contract due to force majeure, the performance of this obligation shall be suspended during the period when the force majeure prevents it from performing its obligations.
2. The party claiming to be affected by the force majeure event shall notify the other party of the occurrence of the force majeure event in writing within the shortest possible time, and provide the other party with appropriate evidence about the force majeure event and its duration and written materials that the contract cannot be performed or needs to be postponed after the occurrence of the force majeure event. The party claiming that the performance of this contract is objectively impossible or unrealistic due to force majeure events has the responsibility to make every reasonable effort to eliminate or mitigate the impact of such force majeure events.
3. In case of force majeure, all parties shall immediately decide how to implement this contract through friendly negotiation. After the force majeure event or its influence is terminated or eliminated, each party shall immediately resume its obligations under this contract. If the force majeure and its influence cannot be terminated or eliminated, so that either party to the contract loses the ability to continue to perform the contract, both parties may terminate the contract through consultation or temporarily postpone the performance of the contract, and the party suffering from the force majeure shall not be responsible for this. If force majeure occurs after the delay in performance, the parties concerned cannot be exempted from their responsibilities.
4. The term "force majeure" as mentioned in this contract refers to any unpredictable, even predictable, inevitable and insurmountable event beyond the reasonable control of the affected party, which occurs after the signing date of this contract, making it objectively impossible or unrealistic for the affected party to perform all or part of this contract. These events include, but are not limited to, natural disasters such as floods, fires, droughts, typhoons and earthquakes, as well as social events such as wars (whether war is declared or not), strikes, government actions or legal provisions.
Article 31 Interpretation of Contract
Matters not covered in this contract or terms are not clear. The parties to this contract may make a reasonable interpretation of this contract according to the principles, purposes, trading habits and relevant clauses of this contract. This interpretation is binding unless it conflicts with the law or this contract.
Article 32 Supplements and Annexes
Matters not covered in this contract shall be implemented in accordance with relevant laws and regulations. Where there are no provisions in laws and regulations, Party A, Party B and Party C may reach a written supplementary contract. The annexes and supplementary contracts of this contract are an integral part of this contract and have the same legal effect as this contract.
Article 33 the validity of a contract
1. This contract shall come into effect as of the date when both parties or their legal representatives or their authorized representatives sign and affix the official seal of the unit or the special seal for the contract.
2. This Agreement is made in duplicate, one for Party A, Party B and Party C respectively, and one for Shenzhen Notary Office, all of which have the same legal effect.
3. The annexes and supplementary contracts of this contract are an integral part of this contract and have the same legal effect as this contract.
Party A (seal): Party B (seal):
Legal representative (signature): Legal representative (signature):
Authorized Agent (signature): Authorized Agent (signature):
Signing place: Signing place:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party C (seal):
Legal representative (signature):
Authorized Agent (signature):
Signing place:
_ _ _ _ _ _ _ _ _ _ _
Chapter II: Model Tripartite Cooperation Agreement
Party A: XXX (hereinafter referred to as Party A)
Party B: XXX (hereinafter referred to as Party B)
Party C: XXX (hereinafter referred to as Party C)
Party A, Party B and Party C (hereinafter referred to as the "three parties") * * * jointly established XXXXXX Company and jointly set up XXX market with * * *, and voluntarily signed the following agreement, which shall be abided by * * *.
1.XXXXX Company (hereinafter referred to as the Company) was formally registered in XXXXXXX Industrial and Commercial Bureau with the contribution of three parties. Share distribution of the Company is as follows: Party A accounts for XX%, Party B accounts for XX% and Party C accounts for XX%. The income of the company is calculated and distributed every year.
2. Three parties * * * jointly set up a company to promote the development of Internet informatization, and their businesses mainly include: XXX, XXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX.
Three. Responsibilities and rights of Party A: Party A shall contribute XXX, XXX and XXX to ensure that its contribution is in place; Responsible for the company's operation, keep abreast of the company's operation, and strive to learn the knowledge and skills needed for the company's development; Make full use of its interpersonal resources to solve practical problems for the company and strive for greater living space and development opportunities for the company; Pay close attention to and understand the company's operation at any time, and provide guidance for the company's development direction and business strategy; Bear the company's expenses and enjoy the company's profits according to the proportion of XX% of its shares.
Four. Responsibilities and rights of Party B: With the contribution of XXXX, XXXX and XXXX, Party B shall be responsible for the specific operation of the company, keep abreast of the company's operation, and strive to learn the knowledge and skills needed for the company's development; Make full use of its own technical strength and other resources to solve practical problems for the company and strive for greater living space and development opportunities for the company; Pay close attention to and understand the company's operation at any time, and provide guidance for the company's development direction and business strategy; Bear the company's expenses and enjoy the company's profits according to the proportion of XX% of its shares.
Verb (abbreviation of verb) Party C's responsibilities and rights: Party C uses XXXX XXXX.
XXXXX as a capital contribution, to ensure that its capital contribution is in place; Responsible for the company's operation, keep abreast of the company's operation, and strive to learn the knowledge and skills needed for the company's development; Make full use of its interpersonal resources to solve practical problems for the company and strive for greater living space and development opportunities for the company; Pay close attention to and understand the company's operation at any time, and provide guidance for the company's development direction and business strategy; Bear the company's expenses and enjoy the company's profits according to the proportion of XX% of its shares.
The tripartite cooperation of intransitive verbs is based on resource sharing and complementary advantages. Based on the principles of openness, unity and cooperation, the issues involved in the company's business development are determined by the three parties through consultation.
Seven. Contract terms: This contract is made in quadruplicate, which shall come into effect after being signed by the three parties and shall be valid for five years. If one party decides to withdraw before the expiration of the contract, both parties have the priority to accept its shares. If it is impossible to accept its withdrawn shares, both parties who decide to withdraw can find another transferee and get the approval of the shareholders' meeting. If both parties who decide to quit cannot find the recipient of their shares, they cannot quit. After the expiration of the contract, if the company continues to operate, the contract period will be automatically extended for five years.
Signature of Party A: (Seal)
Signature of Party B: (Seal)
Signature of Party C: (Seal)
date month year
Chapter III: Model Tripartite Cooperation Agreement
Employer: (hereinafter referred to as Party A)
General contractor: (hereinafter referred to as Party B)
Subcontractor: (hereinafter referred to as Party C)
With the consent of Party A, Party B and Party C through negotiation, Party B subcontracts xx waterproof project to Party C, and in order to clarify the responsibilities and rights of the three parties, the following agreement is reached through negotiation.
I. Project name:.
Two. Project location:.
Three. Project content:.
4. Project cost: about xx million yuan, X yuan /m2, which shall be settled according to the waterproof exterior area of the waterproof engineering entity (according to the requirements of the specification, the single-layer area shall be calculated separately for the part where additional layers should be added, but the overlapping layers shall not be calculated repeatedly, only the single-layer area shall be calculated).
5. Contracting method: contracting labor, materials and unit price at one time (including all expenses such as materials, labor, machinery, management fees, inspection fees, taxes and risks).
6. Construction period: 20xx to 20xx years. The commencement date shall be subject to the notice of Party B. If the construction site does not meet the construction conditions and weather conditions, the construction period will be postponed.
7. Quality: It meets the requirements of current national standards.
Material requirements: The materials used shall provide relevant quality certificates, and be inspected as required and bear relevant expenses. Waterproofing and auxiliary materials must be produced with main materials, otherwise, in addition to replacing them with main materials, the construction party will bear 20% of the project cost as liquidated damages.
9. Material specification and manufacturer: the materials are 1.5 mm thick "Aositai" brand PVC waterproofing membrane and 1.5mm thick "Aositai" brand AST synthetic polymer waterproofing coating .. produced by Shandong Liaocheng Tianlong Construction Development Co., Ltd.
X. Payment method of project funds: (1) 40% of the contract price shall be paid after the materials enter the site; (2) Pay 40% of the contract price after the bottom plate construction is completed; (3) Pay the retaining wall to 95% of the contract price after acceptance and settlement; (4) Leave 5% as the project warranty fund, which will be paid within one year.
After being signed and approved by the supervision company and the general contractor, the construction unit will directly pay the project payment to Party C. ..
XI。 Rights and obligations of both parties
1. Party A and Party B have the right to supervise, inspect, guide and serve Party C's construction, coordinate internal relations, and have the right to punish violations.
2. Party C must strictly organize the construction, obey the management, and cooperate with various inspections to ensure the project quality.
3. In the process of construction, Party C shall put an end to heavy casualties. In case of safety accidents, all casualties or property losses shall be borne by Party C. ..
4. Party C shall protect Party A and Party B from any claim, compensation, lawsuit and other expenses and responsibilities caused by Party C. In case of the above, all responsibilities and expenses shall be borne by Party C. ..
5. This project is constructed by the team directly under Party C, and subcontracting or subcontracting is not allowed. If subcontracting is found, Party A has the right to terminate the contract, and Party A will not pay the expenses incurred by Party C. ..
6. All waterproof fees shall be deducted after the general contractor collects fees and taxes. The above expenses have nothing to do with Party C. ..
12. Completion acceptance: Before the completion of the project, Party C shall sort out all necessary materials and submit them to Party B according to Party B's requirements, and bear relevant responsibilities and losses in case of delay.
Thirteen. Liability for breach of contract:
1. Due to Party C's reasons, 500 yuan will be fined for every day that the project is delayed.
2. In case of quality problems, Party C shall bear all economic losses of Party A and Party B. ..
XIV. Project Warranty: Party C shall be responsible for the project warranty and pay the expenses.
15. Dispute: In case of dispute, it shall be settled through negotiation. If negotiation fails, both parties may bring a lawsuit to the court where Party A is located.
16. This agreement is made in triplicate, with each party holding one copy.
Seventeen. This agreement shall come into force after being signed and sealed. Matters not covered shall be discussed separately.
Party A: (Seal) Legal Representative
(or entrusted agent)
Party B: (Seal) Legal Representative
(or entrusted agent)
Party C: (Seal) Legal Representative
(or entrusted agent)
April 1st, two thousand xx.