Technology shares, like capital shares, have the right to own enterprises and share dividends in proportion to their shares. The management right of an enterprise is generally not borne according to the proportion of shares, but determined by all parties through consultation. Next, I will bring you the partner's technology shareholding agreement. I hope you like it!
Partner's technology shareholding agreement 1 party a: _ _ _ _ _ _ _
Party B: _ _ _ _ _ Co., Ltd. Legal Representative: _ _ _ _ _ _ _
On the basis of equality, voluntariness, mutual benefit and consensus, Party A and Party B have reached a cost agreement on Party A's participation in Guilin Trading Co., Ltd. (hereinafter referred to as Guilin Company or Company) in the form of technical contribution for mutual compliance:
Article 1: Party A takes its legally owned oil-bearing production technology and product technology as well as its intellectual achievements and technical solutions such as engineering technology as intangible assets and shares in the company.
Article 2: The existing assets and equipment of Party B's company include:
1. Party B's company was established on _ _ _ _ _ _ _ _ _ _ _ _.
Article 3: Party A, Party B and Party B
The total value of the above management, technology and process design is determined by Party A through negotiation to be RMB 654.38 million. After the technology shares, Party A owns and obtains 0/0% shares of the company/KLOC-0, and the remaining 90% shares are held by Party B. ..
Article 4: Party A shall go through the formalities of right transfer in time, provide relevant technical materials, give technical guidance and impart technical know-how so that the technology can be transferred to the company smoothly, which will digest and master it.
Article 5: After the technological achievements become shares, Party A obtains the shareholder status, and its technology belongs to the company.
Article 6: After the signing of this Agreement, since it is inconvenient for both parties to go through the formalities of equity change in the industrial and commercial department, their shares are now handled in the form of notarization, which has the same legal effect as the equity in the industrial and commercial department.
Article 7: The term of this Agreement and the restrictions imposed by Party A and Party B on the pledge, transfer and donation of the company's equity shall be stipulated separately in the articles of association.
Article 8: Party A and Party B promise to abide by the company system, give full play to their specialties, perform their duties and exercise their powers within their respective positions.
Article 9: Party A promises to have a clear understanding of the company's creditor's rights and debts when signing this agreement, and recognizes that the above-mentioned creditor's rights and debts will be included in the company's future profit and loss financial statements for financial accounting.
Article 10 Rights and obligations of Party A
1. Party A enjoys the legal right of 10% equity in proportion to its capital contribution, and enjoys the monthly salary of 10000 yuan and all other welfare benefits stipulated by the company.
2. Party A is the technical director of the company, responsible for the company's products, including but not limited to R&D, production and technical guidance.
3. Party A guarantees that it has legal ownership of the technology it has invested, and there is no infringement dispute after these technologies are invested in Party B, otherwise Party A will bear all the responsibilities. Party A also guarantees the advancement and feasibility of its shareholding technology and technical background in the same industry.
4. Without the consent of Party B, Party A (including Party A's immediate family members, the same below) shall not engage in or engage in business similar to or competitive with the Company in other places in any name, or start an enterprise similar to or competitive with the Company in any name.
Party A shall not disclose, disclose or let others use the company's technological achievements (including the technology in which Party A shares), trade secrets or other intellectual property rights with or without compensation, or use them for purposes that are unfavorable to the company. Under the premise of observing the confidentiality system, Party A's use and disclosure within the company for the benefit of the company is not subject to this restriction.
5. As a shareholder, Party A enjoys the rights of shareholders stipulated by law, including asking to check the financial accounts at any time and paying dividends according to regulations.
6. In order to maintain the stability of the company, if Party A pledges, transfers or donates its equity to a third party for personal needs five years after the signing of this agreement, Party B has the preemptive right under the same conditions.
Article 11: Rights and obligations of Party B
1. Party B () is the general manager of the company and is responsible for the operation and capital operation of the whole company.
2. Party B shall publish the financial accounts to Party A on a regular basis every year, and may provide the financial accounts for inspection at any time upon Party A's request .. Party B shall pay dividends by shares according to law, and the payment method shall be _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 12: If the Company needs to make additional investment according to the Articles of Association or needs to make up for the operating losses after voting by the shareholders' meeting, Party B shall bear the capital contribution.
Article 13: Liability for breach of contract
1. Party A is responsible for product research and development, while Party B provides all operating capital support and is responsible for the overall operation of the company, which is the basis of cooperation between the two parties. The following acts constitute a fundamental breach of contract:
(1) Party B or Party A violates the provisions on non-competition, or divulges, discloses or lets others use the company's technological achievements (including the technology in which Party A shares), trade secrets or other intellectual property rights, or uses them for purposes that are not conducive to the company without authorization, thus causing losses to the company;
(2) Without the consent of the Company, Party A refuses to provide technical guidance or stops technical research and development;
2. Default handling:
If either party violates the provisions on non-competition, or leaks, discloses or lets others use the company's technological achievements, trade secrets or other intellectual property rights, or uses them without authorization, thus causing losses to the company and the amount is difficult to calculate, it shall pay the other party a penalty of RMB 200,000, and the other party may terminate the contract at the same time. If it infringes on the company, the company has the right to investigate the responsibility according to 30% of the sales of infringing products.
Article 14: intellectual property rights
During the cooperation period and within 5 years after withdrawing from the cooperation, the intellectual property rights of inventions, utility models, designs, developed products and related products related to the company during the cooperation period belong to the company's job achievements or trade secrets, and their intellectual property rights belong to the company. If R&D is conducted in violation of the principle of non-competition, the intellectual property rights of the new achievements shall be owned by the company.
Article 15: Other
1. For matters not covered in this agreement, both parties may separately agree or sign a supplementary agreement through the Articles of Association. The Articles of Association and the Supplementary Agreement shall come into force at the same time as this Agreement. If the Articles of Association are different from this Agreement, this Agreement shall prevail. In case of conflict between this agreement and the supplementary agreement, the supplementary agreement shall prevail.
2. Disputes arising from the performance of this Agreement shall be settled by both parties through consultation. If negotiation fails, either party may bring a lawsuit to the people's court of _ _ _ _ _ _.
3. This agreement is made in triplicate, one for each party, and one for the notary office, which shall come into effect as of the date of signature or seal by both parties.
Party A: _ _ _ _ _ (signature) Party B: _ _ _ _ _ (signature)
Date: _ _ _ _ _ Date: _ _ _ _ _ _
Partner technology shareholding agreement II
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 exclusively 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 shall 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: _ _ _ _ _ _ _ _
Partner technology shareholding agreement 3
Party A: _ _ _ _ _ _ Co., Ltd. Address: _ _ _ _ _ _ _ _ _ _ Legal Representative: _ _ _ _ _ _ _ _
A1:_ _ _ _ _ _ Address: _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _
A2:_ _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _
Party A is a limited company, and its main business is: registered capital: established on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party A, Party A 1, Party A 2, and Party B, through full consultation, hereby enter into this agreement for compliance and performance:
Article 1: With the consent of the four parties, Party B shares in the form of providing technical support and consultants to Party A, accounting for _ _% of the registered capital of Party A..
Article 2: Party A 1 transfers shares accounting for _ _ _% of Party A's registered capital to Party B, and Party A 2 transfers shares accounting for _ _ _ _% of Party A's registered capital to Party B. After the transfer, Party A 1, Party A 2 and Party B respectively hold the shares of Party A as follows: Party A 1: _ _ Party A/kloc.
Article 3: Party A 1 and Party A 2 shall transfer the above equity to Party B before _ _ _ _ _ _ _ _ _ _.
Article 4: Party B will not pay dividends within 20 years. However, the technical service provided by Party B to Party A's company starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 5: If any shareholder wants to withdraw his shares, it must be agreed by the other two shareholders, who will withdraw their shares in the form of cash repurchase according to the actual profit of the company at the time of withdrawal.
Article 6: When equity transfer occurs, it can only be carried out with the consent of other shareholders. And give priority to the form of cash repurchase by shareholders.
Article 7: All disputes arising from the performance of this Agreement or related to this Agreement shall be settled by both parties through friendly negotiation; If no agreement can be reached, it shall be under the jurisdiction of the _ _ _ _ Municipal People's Court. ____
Article 8: This contract shall come into effect after being signed and sealed by all parties to the agreement. The original of this contract is in triplicate, one for Party A, Party A 1, Party A 2 and Party B respectively, and each copy has the same legal effect.
Party A: _ _ _ _ _ _ _ Co., Ltd. (official seal) Date: _ _ _ _ _ _ _ _
A1:_ _ _ _ _ (signature) Date: _ _ _ _ _ _ _ _ _ _
A2: _ _ _ _ _ (signature) Date: _ _ _ _ _ _ _
Party B: _ _ _ _ _ (signature) Date: _ _ _ _ _ _ _ _ _ _ _
Partner's technology shareholding agreement 4
Party A: _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ Co., Ltd.
On the basis of equality, voluntariness, mutual benefit and consensus, Party A and Party B have reached a cost agreement on Party A's investment in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as the Company) in the form of technical intelligence for common compliance:
Article 1: Party A shares in the Company with its intellectual achievements and technical solutions legally held and mastered as intangible assets.
Article 2: Party B's company was established on _ _ _ _ _ _ _ _.
Article 3: The total value of Party A's management, technology and intellectual achievements is determined by both parties through negotiation to be RMB _ _ _ _ _ ten thousand yuan, and Party A will own _ _ _ _ _ _ _ shares in the company after the technology shares.
Article 4: After the technological achievements become shares, Party A obtains the status of a shareholder of futures shares.
Article 5: After the signing of this agreement, Party A and Party B unanimously agree that it is unnecessary to go to the industrial and commercial department for registration of equity change, and the equity they own has the same legal effect as the equity registered and filed by the industrial and commercial department.
Article 6: The term of this Agreement and the restrictions imposed by Party A and Party B on the pledge, transfer and donation of the company's equity shall be stipulated separately in the articles of association.
Article 7: Party A and Party B promise to abide by the company system, give full play to their specialties, perform their duties and exercise their powers within their respective positions.
Article 8: Party A promises to have a clear understanding of the company's creditor's rights and debts when signing this agreement, and recognizes that the above-mentioned creditor's rights and debts will be included in the company's future profit and loss financial statements for financial accounting.
Article 9: Others
1. For matters not covered in this contract, both parties may sign a supplementary agreement separately. In case of conflict between this agreement and the supplementary agreement, the supplementary agreement shall prevail;
2. Disputes arising from the performance of this Agreement shall be settled by both parties through consultation. If no agreement can be reached, either party may bring a lawsuit to the people's court where Party B is located.
3. This agreement is made in triplicate, one for each party, and one for the notary office, which shall come into effect as of the date of signature or seal by both parties.
Party A: _ _ _ _ _ (signature) Date: _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ Co., Ltd. (official seal) Date: _ _ _ _ _ _ _ _ _ _ _
Partner's technology shareholding agreement 5
Party A:
Party B:
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: MM DD YY to MM DD YY.
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.
Fourth, dividends:
① The day of each month is the dividend day, and the shareholders' meeting 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 will be refunded according to 65,438+0/3 of the share capital at that time, and the dividend distributed will 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 any profitable investment with anyone in the area.
(2) If Party B fails to renew the contract at the expiration of the contract, it shall not open a hairdressing salon 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 card payment before consumption is not included in the monthly performance account, and is kept by the company to maintain the customer's credit.
⑤ The monthly financial affairs shall be kept by Party A, supervised by Party B, and dividends shall be paid after the accounting signature.
Eight. If the above contract is amended, it shall be amended after mutual consent.
Nine. This contract is made in duplicate, one for each party.
Party A:
Party B:
On behalf of:
ID number:
Date of signature: year month day.