Party A: _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
On the basis of equality and voluntariness, through full consultation, Party A and Party B jointly establish _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
First, the way of cooperation:
The registered capital of the company is RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Cooperation projects: _ _ _ _ _ _ _ _ _ _ _ _
Three. Cooperation time
The cooperation time is permanent, counting from the effective date of signing this contract.
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 both 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 both 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 accounts for 80% and Party B accounts for 20%. 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). If it is necessary to retain profits in order to expand business operations, it must be agreed by both parties, and the retained part shall be calculated as the capital contribution of each party according to the shareholding ratio of both parties.
2. Considering Party B's personal situation, Party B has the right to advance salary, but this salary will be deducted from Party B's year-end dividend.
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 locally. 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. Upon the expiration of the cooperation period, the project partners are dissolved or the partners no longer cooperate, and the ownership of the project technology shall be determined by both parties through consultation.
Eight. Other matters:
1: The existing production equipment of Party B is funded by Party A. When the production equipment moves out of Party B's premises, Party A will pay Party B * * * 2 10/0,000 yuan for the equipment.
2. The timely development and sample production during the production period shall be funded by Party A. After the qualified samples are produced, Party A shall pay Party B a monthly living allowance of 8,000 yuan.
3: If Party A refuses to pay Party B 8000 yuan for living expenses after making qualified samples, Party B has the right to terminate this contract.
Nine. This contract is made in duplicate, one for each party.
X 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.
Party A: _ _ _ _ _ (signature) Party B: _ _ _ _ _ (signature)
Date: _ _ _ _ _ _ Date: _ _ _ _ _ _ _ _
2. Model company shareholding agreement
Party A: patentee: _ _ _ _ _ _ _ _ _ _ Party B: regional partner: _ _ _ _ _ _ _ _ _ _.
In order to transform new technologies into productive forces as soon as possible and quickly occupy the market with patented new products, the following agreement is reached in the form of joint venture production output value commission:
I. Party A's responsibilities:
1. The name of the patented technology provided by Party A is _ _ _ _ _ _, and the inventor of the patent is _ _ _ _ _ _ _.
2. Party A authorizes Party B to produce _ _ _ _ _ _ _. Its sales right: it can be sold nationwide.
3. The cooperation period of technical projects provided by Party A is one year. During the contract period, Party A exempts Party B from the technology transfer fee, shares in technology, and provides an occupation deposit of 654.38 million yuan.
4. Party A is specifically responsible for the development of new products, the recruitment of employees, the guidance of production and the assistance of sales, which will become x% of the sales revenue. The settlement method is 1 month 1 day.
5. If it is necessary to expand production or establish a branch factory, Party A can re-authorize it, and Party A will get 40% commission from the income of its branch factory, branch company and group.
6. During the contract period, Party B is allowed to use the inventor's patent right, and the use method must be approved by Party A. ..
7. Party A has the right to supervise and inspect the production, operation and financial status of the factory at any time.
II. Responsibility of Party B
1. Party B is responsible for the establishment, industrial and commercial, tax operation procedures and necessary start-up funds of the production company, and provides factory buildings, production personnel, water, electricity, production equipment and expanded production funds. Start-up capital (including equipment and early delivery fee) shall not be less than RMB _ _ _ _ _. All costs and expenses incurred in the production process shall be paid by Party B and borne by itself.
2. Party B shall complete the allocation of production technology, management personnel, plant, equipment and funds before the contract comes into effect.
3. During the cooperation with Party A, Party B has the right to ask Party A to continuously innovate and improve products, and the improved technology should be used by Party B first.
4. Party B shall submit the quantity of products produced to Party A in full and make financial disclosure. Party B shall not do anything detrimental to the interests of Party A. ..
5. Party B is fully responsible for the production, operation and sales of products, and has the right to share 60% of the sales revenue.
Third, the liability for breach of contract
1. After the contract is signed, Party A shall fully cooperate with the factory production, and shall not use the patented technology for other purposes, and shall not quit halfway without Party B's permission.
2. If Party B fails to produce or give up production on time after receiving the deposit, Party B shall bear all economic losses and return the deposit of 654.38 million yuan to Party A. ..
3. Without Party A's permission, Party B shall not set up branches, branches or organizations, otherwise it shall pay Party A the full technology transfer fee.
Four. Other treaties
1. When the contract expires, Party A will no longer entrust, participate in or sell, and Party B shall return the deposit of 654.38 million yuan to Party A. If the cooperation continues, the mode of cooperation will be discussed separately.
2. After the expiration of the contract, if Party B continues to use Party A's patent, Party B shall pay Party A a certain royalty, and the fee shall be discussed separately.
3. The validity period is from _ _ _ _ _ _ _ _ to _ _ _ _ _ _ _.
4. This contract shall come into effect as of the date of signature by both parties.
Verb (abbreviation of verb) Remarks:
Party A: _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _
Representative: _ _ _ _ _ _ Representative: _ _ _ _ _ _ _ _
3. Model company shareholding agreement
Party A: ID number: Party B: ID number:
At present, Party A is in an important development period, in order to further promote the development of the project and obtain better economic benefits. Therefore, through friendly negotiation, based on the principle of mutual benefit, in order to clarify the rights and obligations of both parties, the following agreement is reached:
Article 1 Joint-stock cooperative projects
1, shareholding items:
2. Business content:
3. Business address:
4. Party B voluntarily participates in the above projects, and Party A agrees and accepts Party B's participation.
Article 2 The mode of share investment
1. The estimated market value of this project is RMB10,000 yuan (including the value of tangible assets and intangible assets of this project, see the annex for details of asset liquidation). Now Party A intends to transfer% of the shares to Party B, and Party B will accept the above shares in cash (RMB 1 10,000 yuan), and will hold% of the shares of the project after the transfer.
2. Party B agrees that within days after the signing of this contract, Party B will pay RMB 1 10,000 Yuan as the investment to Party A's project account in one lump sum, and the share capital will be used for the project operation, and shareholders shall not misappropriate it privately.
3. If additional investment is needed in the future, both parties will increase it according to the equity ratio. Any shareholder of the project will buy or sell the equity of the acquired project, and the shareholders within the project will have the preemptive right and the preemptive right to sell.
4. The lease term signed by Party A and the owner is 20XX, XX, XX. After the lease expires, if Party A and the owner continue to lease the house, both parties will automatically renew the lease based on this contract.
Article 3 Business execution
1. Party A is fully responsible for the daily operation of the cooperative project, while Party B does not participate in the daily operation and management, but has the right to supervise and make suggestions on the daily operation and management of the cooperative project.
2. The profits generated by the implementation of the * * * joint investment company by both parties shall be owned by the * * * co-investor, and the losses or civil liabilities arising therefrom shall be borne by the * * * co-investor;
3. If one party causes losses to other investors due to negligence or non-compliance with this agreement when performing affairs, it shall be liable for compensation;
4. The following joint investment matters must be agreed by all joint investors:
(1) Transfer the shares invested in the partnership project;
(2) Pledge with the above shares;
(3) Change the executor of the transaction.
Article 4 surplus distribution and debt commitment
1. The organization, mode of production, authority, rules of procedure and financial accounting of each investor's project shall be formulated in accordance with the Project Law and other relevant national laws and regulations.
2. Project surplus distribution: the income after excluding operating costs, rent, daily expenses and taxes to be paid is net profit, that is, income-generating surplus, which is distributed according to the proportion of equity, each time.
Article 5 Rights and obligations
(1) Rights of both parties:
The right to operate, decide and supervise cooperative affairs, and the business activities of the project shall be decided by both parties;
1. Both parties have the right to distribute the benefits of the partnership project;
2. The accumulated property of cooperative operation shall be owned by both parties;
3. The operation behavior of normal partnership projects shall be negotiated by both parties. In case of disagreement on major decisions, Party A shall make the final decision.
(II) Obligations of both parties:
1. Maintain the unity of the cooperative property according to the cooperation agreement;
2. At any time, Party A and Party B shall not engage in relevant business activities in the name of investment projects or engage in private business in this industry. If the benefits obtained from its business belong to the observant party, the losses caused shall be compensated according to the actual losses.
3. Party A and Party B shall not engage in activities that damage the interests of investment projects.
Article 6 Termination and liquidation of cooperative operation
(1) Termination of cooperation
1. Party A and Party B agree to terminate the cooperative relationship;
2. The partnership affairs have been completed or cannot be completed;
3. It has been revoked according to law;
4. Other reasons for dissolution stipulated by laws and administrative regulations.
(2) Cooperative liquidation:
1. After the dissolution of the cooperative project, it shall be liquidated and notify the creditors.
2. The liquidator shall be a partner of both parties.
3. If there is any surplus after settlement, it shall be distributed according to the equity ratio agreed in this agreement.
4. During liquidation, the cooperative project suffers losses, and the part of the property of the cooperative project that is not paid off shall be borne by the shareholder * * *.
Article 7 Modification, alteration and termination of this Agreement
1. Party A and Party B confirm through consultation that the shares invested in this contract are closed during the year, and each party may not withdraw their shares, but may purchase, transfer or merge with other investors.
2. Any modification or change to this agreement and its supplementary agreement can only take effect after all investors sign a written agreement.
Article 8 Liability for breach of contract
1. Once this agreement comes into effect, both parties must consciously perform it. If either party fails to fully perform its obligations in accordance with the provisions of this agreement, it shall bear the responsibilities in accordance with the law and the provisions of this agreement.
2. If Party B fails to pay the equity transfer fee within the specified time limit, Party A has the right to terminate this agreement on the grounds of Party B's unilateral breach of contract, and has the right to demand compensation from Party B for actual losses.
3. If Party B is unable to enjoy the equity due to Party A's reasons, or the purpose of concluding this Agreement is seriously affected, Party A shall return the investment funds to Party B and compensate Party B for all losses.
4. If Party A and Party B transfer their equity without the consent of the other party, the transfer is invalid, and the transferor shall compensate the other partners for the losses caused thereby.
5. If Party A and Party B seriously violate this Agreement, or the project is dissolved due to gross negligence or illegal acts, Party A and Party B shall be liable for compensation to other observant parties.
Article 9 Applicable Law and Dispute Resolution
1. The conclusion, validity, interpretation and dispute settlement of this Agreement shall be governed by the laws of China.
2. In case of any dispute arising from or related to this contract during the performance of this contract, both parties shall settle the dispute on the principle of friendly negotiation. If negotiation fails, both parties have the right to submit the dispute to the court where Party A is located for judgment.
Article 10 Others
1. For matters not covered in this agreement, the investor shall sign a supplementary agreement separately, which is an effective part of this agreement and has the same legal effect as this agreement. In case of any conflict between the contents of any agreement negotiated by both parties before the signing of this agreement and this agreement, the contents stipulated in this agreement shall prevail.
2. This agreement shall come into effect after being signed or sealed by both parties.
3. This agreement is made in duplicate, each party holds one copy, which has the same legal effect.
(There is no contract text below)
Party A (seal): Party B (signature):
Time: Year Month Day Time: Year Month Day
4. Model company shareholding agreement
Party A: Party B:
In order to reward employees and encourage them to hold shares, Party A plans to increase their capital by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
First, the scope of investment employees
In order to participate in investment for a long time, employees who can invest in stocks must meet one of the following conditions:
(a) to 20__ year 65438+February 3 1, with more than 2 years of service (including 2 years).
(2) the company's middle and senior management personnel.
Two. Investment amount: voluntary contribution by Party B * * RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Third, investment restrictions.
(1) Senior leaders (general manager, deputy general manager and director) each contribute 400,000 yuan, with a minimum contribution of 50,000 yuan;
(2) Middle-level leaders (department managers) each contribute 200,000 yuan, with a minimum contribution of 20,000 yuan;
(3) Other employees with more than 5 years of service each contribute 654.38+10,000 yuan, with the minimum contribution of 1 10,000 yuan; Each person who has worked for less than 5 years (inclusive) contributes 20,000 yuan, with a minimum contribution of 5,000 yuan.
Four. The actual controller's return on the employee's share investment is as follows:
5. If the above terms are modified, they shall be modified by both parties through consultation. ..
This agreement is made in duplicate, one for each party.
7. This agreement is for internal use only.
The first party
party B
Date of signing
5. Model company shareholding agreement
Party A (company): Party B (shareholder):
Party A and Party B sign this shareholding contract on the principle of honesty, friendship and mutual assistance. Party A and Party B may perform their duties and perform this Agreement according to the following terms:
1. Holding time: from xx to xx.
Two. Amount of shares: RMB * * * contributed by Party B, counting shares.
3. Calculation of contributed assets: RMB yuan is the total assets (calculated on the date of signing the contract), and * * * is 65,438+000 shares (this is the original shares). Party A holds shares and Party B holds shares.
Four. Dividend: ① Dividend day is the day of each month, and a general meeting of shareholders is held at the same time.
(2) Dividends are distributed according to the monthly net profit.
5. Withdrawal and midway withdrawal.
1. The contract is1/3; It shall be refunded according to 65,438+0/3 of the share capital at that time, and the dividend distributed shall also be calculated according to 65,438+0/3.
B, the contract to two thirds; It will be refunded according to 2/3 of the amount of shares at that time, and the dividends distributed will also be calculated according to 2/3.
C. when the contract expires; Multiply the average net profit of 12 months before the withdrawal date by 18 months as the calculation standard of total assets, and then return it according to the number of shares.
6. Net profit: monthly profit (total performance) is the net profit of the current month after deducting all expenses, management expenses and depreciation and amortization expenses (based on the calculation standard of 3 years, used for decoration and hardware equipment update).
Seven. Others: ① During the contract period with Party A, Party B shall not make profitable investment in similar products for anyone in the region.
(2) If Party B fails to renew the contract after the expiration of the contract, it shall not set up a similar product management company in the local area within one year after the expiration of the contract.
(3) Six months before the expiration of the contract, both parties must decide whether to continue cooperation, but Party B has the right to decide. If Party B decides to continue cooperation, Party A shall not refuse.
(4) The monthly financial affairs shall be kept by Party A, supervised by Party B, and dividends shall be paid after the accounting signature every month.
8. If the above contract is modified, it shall be modified by mutual consent.
Nine. This contract is made in duplicate, one for each party.
Party A: Party B:
Representative: Identity
Date of signature: year month day.