Model agreement on buying a house with parents' contribution after marriage 1
Transferor: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model agreement on buying a house with parents' contribution after marriage 1
Transferor: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Transferee: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Target company: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Whereas, Transferor and _ _ _ _ _ _ _ _ _ _ (Note: another shareholder of the target company) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
I. Transfer of capital contribution
1. 1 The transferor and the transferee shall transfer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
1.2 When the transferor transfers the capital contribution to the transferee, other rights and interests attached to the capital contribution as stipulated by relevant laws and regulations, and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Second, the transfer price
2. 1 The basis for this capital contribution transfer (if any) is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2.2 The total amount of this contribution transfer is RMB _ _ _ _ _ (hereinafter referred to as "transfer price").
Three. Payment and delivery
3. 1 The transferee shall pay the price of the transferee in one lump sum within 30 days after this agreement comes into effect.
3.2 After the transferee has fully fulfilled the above-mentioned capital contribution obligations, both parties shall apply for China Certified Public Accountant to issue a capital verification report, and the transferred capital contribution shall be delivered immediately after the report is issued.
3.3 Before the transferred capital contribution is delivered, the shareholders of _ _ _ _ _ _ _ _ Company have the right to distribute dividends to the transferor.
Four. Representations and warranties
4. 1 Both parties declare and guarantee the following matters regarding their respective subject qualifications:
4. 1. 1 China citizens have China nationality and have full capacity for civil conduct and civil rights;
4. 1.2 has and can have the necessary rights and authorization to sign this agreement and perform the obligations stipulated in this agreement;
4. 1.3 There is no reason of its own to prevent this agreement from taking effect and be binding on it from the effective date;
4. 1.4 The performance of the obligations stipulated in this Agreement and the documents related to this Agreement will not violate the laws and regulations of China and any other contracts to which it is a party or binding;
4. 1.5 In the process of capital contribution transfer, both parties shall fully negotiate, closely cooperate and actively support.
4.2 The Transferor further declares and guarantees that the capital contribution of this transfer is legally held by it and is in a complete state, and no mortgage, pledge, guarantee or other third party rights have been set.
4.3 The transferee further declares and guarantees that the source of the transferred capital contribution is legal and there are sufficient funds to fulfill its obligations under this Agreement.
V obligations of the transferor
The transferor shall also undertake the following obligations:
5. 1 The transferor has full power, right and ability to sign this agreement and transfer all its rights and obligations to the transferee according to this agreement;
5.2 The relevant departments of the Transferor shall be responsible for urging the Company to take all necessary actions and perform all necessary procedures to ensure that the Transferee obtains the capital contribution transferred under this Agreement;
5.3 The documents and materials provided on assets and business are true, accurate, legal and effective.
Obligations of the assignee of intransitive verbs
The transferee shall also undertake the following obligations:
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6.2 Guarantee to pay the capital contribution transfer amount in accordance with Article 3. 1 of this Agreement.
Seven. secret
Unless the relevant approval and filing procedures should be handled with the relevant government authorities or higher authorities of both parties in accordance with relevant laws and regulations, or the obligations or statements and guarantees under this agreement need to be disclosed to a third party, both parties agree and urge their relevant insiders to keep all the terms of this agreement and matters related to this capital transfer strictly confidential.
Eight. force majeure
8. 1 If either party fails to perform or partially fails to perform its obligations under this agreement due to force majeure and no fault of its own, it will not be regarded as a breach of contract, but all necessary relief measures shall be taken to reduce the losses caused by force majeure when conditions permit.
8.2 In case of force majeure, one party shall notify the other parties in writing as soon as possible, and submit a report to the other parties within fifteen days after the event, explaining the failure to perform or partially perform the obligations under this agreement and the reasons for the delay.
8.3 Force majeure refers to unforeseeable and inevitable natural disasters, market risks and political events. Either side.
Nine. Entry into force of the agreement
This agreement shall come into force after being signed by both parties or authorized representatives.
X. liability for breach of contract
10. 1 After this agreement comes into effect, except in the case of Article 8 of this agreement, if either party violates the above provisions and this agreement cannot be performed, it shall pay the other party a penalty equivalent to 4% of the total capital contribution transfer.
10.2 if the transferee fails to pay the transfer payment within ten working days, the transferor has the right to terminate this agreement unilaterally, and the transferee shall bear the liability for breach of contract and pay the transferor a penalty equivalent to 4% of the total capital contribution transfer.
XI。 Applicable law and dispute settlement
1 1. 1 The conclusion, validity, interpretation and performance of this agreement shall be governed by the relevant laws and regulations currently published in China.
1 1.2 Any dispute arising under this agreement shall be settled by both parties through friendly negotiation. If negotiation fails, both parties shall submit the dispute to the competent court for adjudication.
Twelve. Supplement, modification and transfer
12. 1 Any supplement or modification to this agreement can only take effect after both parties reach a written agreement.
12.2 neither party hereto shall transfer its rights and obligations under this agreement to a third party.
Thirteen. Taxes and expenses
Both parties shall bear the taxes and fees arising from the signing and performance of this Agreement.
Fourteen supplementary terms
14. 1 The headings used in this agreement are only used for content tips, not for interpretation of terms.
14.2 both parties agree that this agreement replaces all the original oral commitments of both parties and becomes an agreement that fully reflects mutual understanding.
14.3 this agreement is made in duplicate, each party holds one copy, which has the same effect, and the rest are for examination and approval.
Transferor (seal): _ _ _ _ Transferee (seal): _ _ _ _ _ _
Authorized representative (signature): _ _ _ _ _ _ Authorized representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Model agreement on buying a house with parents' contribution after marriage II
Party A: _ _ _ _
Party B: _ _ _ _
In order to develop cooperation, after full consultation, Party A and Party B unanimously agree to establish xx Limited Liability Company (hereinafter referred to as "the Company") with capital contribution of * * * *, and in accordance with the Company Law of People's Republic of China (PRC) and other relevant laws and regulations, the parties sign the following agreement as a standard for the parties to initiate actions.
Article 1 Company Profile
The name of the company applying for establishment is drawn up as "",subject to the approval of the company registration authority.
The company's address is planned to be located in the company organization form: limited liability company. Responsibility: Party A and Party B shall be liable to the Company within the limits of their respective capital contributions, and shall be liable for the debts of the newly established company with all the assets of the newly established company.
Article 2 The company's purpose and business scope
The company's business purpose is:, and its business scope is:
Article 3 Registered capital
The registered capital of the Company is RMB Yuan only, of which:
Party A: The capital contribution is RMB, accounting for% of the registered capital. Party B: The capital contribution is RMB _ _ _ _ _ _ _, accounting for _ _ _% of the registered capital; (The monetary contribution of all shareholders of a limited liability company shall not be less than 30% of the registered capital).
Article 4 Time of capital contribution
Shareholders shall pay their respective subscribed capital contributions in full and on time as stipulated in the Articles of Association. Where a shareholder makes capital contribution in cash, it shall timely and legally deposit the capital contribution in full into the account opened by the limited liability company in the bank; Where capital contribution is made by non-monetary property, the transfer procedures of property rights shall be handled in a timely manner according to law. Where a shareholder fails to pay the 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 and on time. All the cash invested by Party A in the new company shall be deposited into the company's temporary account before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 5 Evaluation of capital contribution
Non-monetary property as capital contribution shall be evaluated and verified, and its value shall not be overestimated or underestimated. Where there are provisions on evaluation and pricing in laws and regulations, the relevant laws and regulations shall prevail. Investment in kind (or industrial property rights, non-patented technology, land use rights) shall be evaluated and priced by an evaluation institution with the qualification of enterprise legal person to verify the registered capital of the company.
Article 6 Proof of capital contribution
After the establishment of the company, the promoters who have paid their capital contribution in full have the right to require the company to issue a capital contribution certificate to shareholders in time. The capital contribution certificate shall be sealed by the company. The capital contribution certificate shall specify the following items:
(1) company name;
(2) Date of registration of the company;
(3) The registered capital of the company.
(4) The name of the shareholder, the amount and time of capital contribution.
(5) The serial number and date of issuance of the capital contribution certificate.
Article 7 Share transfer
Any shareholder who transfers part or all of his shares must obtain the consent of other shareholders, who have the preemptive right under the same conditions. Where there are other provisions on equity transfer in the Articles of Association, such provisions shall prevail. In violation of the above provisions, its transfer is invalid.
Article 8 Company registration
All shareholders agree to designate _ _ (referring to shareholders) as the representative or entrusted agent * * * as the applicant (referring to the company personnel with agency business or lawyers of law firms) and apply to the company registration authority for pre-approval and registration of the company name. The applicant shall guarantee the truthfulness, validity and legality of the documents and certificates submitted to the company registration authority, and bear the responsibilities.
Article 9 Corporate governance structure
The company has a shareholders' meeting, a board of directors, a board of supervisors and a general manager.
Article 10 Rights of promoters
1. Apply for the establishment of the company and keep abreast of the establishment progress of the company.
2. Sign the legal documents during the establishment of the company.
3. Review the expenditure of preparatory expenses in the preparation process.
4. List of candidates for recommending the company's executive directors. The candidates for executive director proposed by all parties shall be elected by the shareholders' meeting of the company after deliberation and approval in accordance with the provisions of the articles of association. The term of office of the executive director is three years. At the expiration of the term, the executive director may be re-elected. Before the term of office of the executive director expires, the shareholders' meeting shall not dismiss him without reason.
5. Propose the list of candidates for the company's supervisors, which will be elected after being reviewed and approved by the company's shareholders' meeting in accordance with the Articles of Association. The term of office of the supervisor is three years. At the expiration of the term, the supervisor may be re-elected.
6. After the establishment of the company, exercise the rights that other shareholders should enjoy according to the relevant provisions of national laws and the articles of association.
Article 11 Obligations of promoters
1. Provide the documents and materials needed for the company's application for establishment in time.
2. In the process of establishing the company, if the company is damaged due to the fault of the promoters, it shall be liable for compensation.
3. If the promoters fail to pay their contributions on time as agreed in this Agreement, they shall not only make up their due contributions to the company, but also be liable for the losses caused by other promoters' failure to pay their contributions on time.
Model agreement for parents to buy a house after marriage 3
According to the provisions of the Company Law of People's Republic of China (PRC), after careful study, all shareholders unanimously agree to apply for the establishment of a limited liability company with voluntary capital contribution that meets the legal requirements, and reach the following agreement:
1. The name of the limited liability company applied for establishment is "Limited Company" (hereinafter referred to as "Company"). There are several selected names with different words. The company name shall be subject to the approval of the company registration authority.
Second, the company's main business. The company's domicile is planned to be located in Building (Room), No.1, City Center Road.
3. The company has * * * shareholders, including natural persons, enterprise legal persons, social organizations, institutions and departments authorized by the state. They are: (), current residence and ID number.
() The company's domicile is, and the business license number of the enterprise as a legal person is (). () Society (association, fraternity, etc. ), living in.
() The company number is.
() research institutes (centers, etc. ) is located.
Four. The registered capital of the company is RMB10,000 yuan. The amount and mode of contribution of each shareholder are: (1) RMB 10,000.00 Yuan, of which RMB 10,000.00 Yuan is in cash (or in kind, industrial property rights, non-patented technology and land use rights).
() The capital contribution is () ten thousand yuan, of which the monetary contribution is ten thousand yuan (or in kind, industrial property rights, non-patented technology, land use rights, etc.). ).
5. After the company name is approved and registered in advance, a temporary company account shall be opened in the bank within days. Where a shareholder makes capital contribution in cash, he shall deposit the capital contribution in full into the temporary account of the company within days from the date of opening the temporary account of the company. Where a shareholder contributes capital in kind, industrial property right, non-patented technology or land use right, it shall, within days after the company's pre-approval and registration, complete the valuation evaluation and property right transfer of the kind, industrial property right, non-patented technology and land use right according to law.
Provisions on Shareholders' Transfer of Capital Contribution and Change of Registered Capital When shareholders transfer their capital contribution to other shareholders, they shall notify them. The transfer of capital contribution to organizations and individuals other than shareholders shall be approved by more than half of the shareholders of the company. If the shareholders do not agree, they shall purchase the transferred capital contribution, otherwise it shall be deemed as consent. Under the same conditions, other shareholders have the preemptive right to purchase the capital contribution transferred with the consent of shareholders.
With the consent of shareholders representing more than two thirds of the voting rights, the company may change its registered capital within the statutory minimum capital contribution.
Seven. Organization management system
After the establishment of the company, there is no board of directors, but an executive director with a term of office of years. From year month day to year month day. After the establishment of the company, the general manager will serve as the general manager, and the term of office will be from. After the establishment of the company, there is no board of supervisors, but one supervisor, with a term of years from (to).
Eight. Financial management of the company
After the establishment of the company, the term of office of the chief financial officer shall be years. From year month day to year month day. The person in charge of the company's finance is responsible for the management and leadership of the company's financial work, the leadership of the company's shareholders' meeting, executive director and general manager, and the supervision of supervisors.
9. Shareholders shall be liable to the Company to the extent of their capital contribution, and the Company shall be liable to the debts of the Company with all its assets.
Shareholders exercise their voting rights at the shareholders' meeting in proportion to their capital contribution, and enjoy dividends and losses of the company in proportion to their capital contribution.
X shareholders who fail to pay their subscribed capital contributions as agreed shall be ordered to make up in time. If it fails to make up or fails to make up, the proportion of capital contribution shall be re-determined according to its actual capital contribution. At the same time, it is required to compensate other shareholders for the losses caused by breach of contract, and bear the liability for breach of contract for shareholders who have paid their capital contributions in full. The way of commitment is to pay liquidated damages in RMB.
XI。 All shareholders agree to designate (shareholders) as their representatives or their entrusted * * * agents (company representatives or lawyers of law firms with agency business) as applicants, and submit company registration application, articles of association, capital verification certificate and other documents to the company registration authority to apply for company registration.
Twelve. All expenses incurred in applying for the establishment of the company shall be borne by all shareholders in proportion to their capital contribution, and shall be reimbursed after the establishment of the company as cost expenses. If the application for the establishment of a company cannot reflect the original wishes of shareholders for various reasons, the application for the establishment of a company may be stopped with the unanimous consent of all shareholders, and the expenses incurred shall be borne by all shareholders in proportion to their capital contribution.
Thirteen. Supplement and change
This agreement can be amended or supplemented in writing according to the opinions of all parties, and the supplementary agreement thus formed has the same legal effect as this agreement.
Fourteen force majeure
Any shareholder who is unable to perform this Agreement in whole or in part or delays the performance of this Agreement due to force majeure shall notify other shareholders in writing within three days from the date of the force majeure event, and submit to the other party a certificate that causes the failure or delay in performance in whole or in part within thirty days from the date of the event.
Fifteen. Settlement of disputes
This Agreement shall be governed by the relevant laws of People's Republic of China (PRC). Any dispute arising from the interpretation or performance of the relevant provisions of this contract by shareholders shall be settled through friendly negotiation. If no written agreement is reached through consultation, any shareholder has the right to bring a lawsuit to the people's court with jurisdiction.
This agreement shall come into effect after being signed by all shareholders, and the term of the agreement is.
This agreement is made in duplicate, with the same effect.
Signature and seal of shareholders:
Place of signing the agreement:
Time of signing the agreement:
Model agreement for parents to buy a house after marriage 4
Party A:
ID number:
Address:
Party B:
ID number:
Telephone:
Based on the principle of win-win cooperation and friendly negotiation, Party A and Party B have reached the following agreement on entrusting Party B to invest in XXX Co., Ltd. for both parties to abide by:
I. Entrusting Contents
Party A voluntarily contributed RMB 50,000.00 Yuan (in the form of technical contribution) to "XXX Co., Ltd." (hereinafter referred to as "XXX") with Party B as the executive partner, accounting for 5% of the registered capital of XXX, and exercised relevant investor rights on behalf of Party B as a nominal investor, and Party B voluntarily accepted the investment entrustment of Party A.. ..
Second, authorization authority.
Party A entrusts Party B to exercise rights on its behalf, including: Party B is a nominal investor to be named in the partner list of a company, and Party B will invest and receive dividends or bonuses on its behalf, pay various taxes and fees on its behalf, and exercise other rights granted to investors in the partnership agreement of limited partnership.
Three. Rights and obligations of Party A
1. As the actual investor of the above investment, Party A has the right to obtain the corresponding investment income after the investment exits; Party B can only hold the investment rights and interests formed by the investment on its behalf, and shall not transfer or pledge the rights and interests.
2. Relevant expenses and taxes (including but not limited to management fees, bank custody fees, attorney fees, audit fees, conference fees, etc.) during the holding period of Party B's investment shall be borne by Party A, and Party B may also pay them, but the final income distribution shall be deducted from Party A's investment income.
3. As the principal, Party A has the obligation to make timely contribution in RMB cash in accordance with the provisions of the Partnership Agreement, this Agreement and the Partnership Enterprise Law, and bear limited liability to the extent of its contribution.
4. As the actual owner of the "investment agency", Party A has the right to supervise and correct Party B's improper entrustment according to this agreement, but Party A cannot interfere with Party B's normal business activities at will.
Four. Rights and obligations of Party B
1. Without the authorization of Party A, Party B shall not set up any form of guarantee for its designated investment and its income, nor shall it engage in any behavior that may harm the interests of Party A. ..
2. Party B promises to transfer the corresponding investment income (including cash dividends, bonuses or other income, and deduct the corresponding taxes) generated by holding the investment to Party A after obtaining the investment income, and promises to notify Party A within 60 days after obtaining the investment income and transfer the investment income to the bank account designated by Party A on schedule.
3. If Party B fails to deliver the loan on time, Party B shall pay Party A the liquidated damages equivalent to the overdue bank loan interest for the same period.
Verb (abbreviation for verb) bank accounts of both parties.
Account name of Party A: Bank:
Account number:
Name of Party B's account: Bank:
Account number:
Secrecy clause of intransitive verbs
Both parties are obliged to keep confidential any business information of the other party that they come into contact with or know during the performance of this agreement, unless there is obvious evidence to prove that such information belongs to common sense or is authorized by the other party in writing in advance. These confidentiality obligations shall remain valid after the termination of this agreement. If either party causes losses to the other party due to its violation of this obligation, it shall compensate the other party for the corresponding losses.
Seven. Settlement of disputes
Any dispute arising from the performance of this Agreement shall be settled by both parties through friendly negotiation. If negotiation fails, both parties agree to bring a lawsuit to Shenyang People's Court for settlement.
Eight. any other business
1. This agreement is made in duplicate, with each party holding one copy, with the same legal effect.
2. This agreement shall come into effect as of the date of signature by both parties.
Party A (signature and seal):
ID number:
Party B (signature and seal):
ID number:
Signing time: year month day