Model Shareholders' Agreement (I) After full consultation by the above shareholders, the following agreement is reached on the establishment of Dongguan xx Real Estate Appraisal Co., Ltd. (tentatively, subject to industrial and commercial approval):
1. Name, business scope, registered capital, legal address and legal representative of the company to be established:
1. Company name: Dongguan xx Real Estate Appraisal Co., Ltd.;
2. Business scope: real estate appraisal;
3. Registered capital: subject to industrial and commercial registration;
4. Legal address: subject to industrial and commercial registration;
5. Legal Representative:
Second, the mode of investment and the proportion of shares
Party A contributes RMB 1 10,000 Yuan, accounting for% of the registered capital of the company;
The contribution of Party B is RMB 1 ten thousand Yuan, accounting for% of the registered capital of the company;
The capital contribution of Party C is RMB 1 ten thousand Yuan, accounting for% of the registered capital of the company;
The above cash contribution is used to purchase the operating expenses of Dongguan xx Appraisal Co., Ltd. and the cooperative company, including renting and decorating office space, purchasing office equipment, paying office expenses, employee salaries, etc.
Third, the post and division of labor:
Party A serves as the chairman of the cooperative company and is responsible for deciding the business projects and internal affairs of the cooperative company;
Party B serves as the director and general manager of the cooperative company, and as the legal representative of the company, is responsible for the daily operation and management of the company;
Party C serves as the chief financial officer of the cooperative company and is responsible for the company's financial revenue and expenditure;
Four, profit distribution mode:
The profit after deducting cash contribution cost and operating cost from operating income shall be accounted by Party A? %, Party B accounts for%, and Party C accounts for%. Dividends and profit balance will be used as the risk reserve and capital accumulation fund of the cooperative company.
Verb (abbreviation for verb) increase in working capital:
If the cooperative company needs to increase its working capital again, each shareholder shall increase its capital contribution in proportion to their respective dividends; Shareholders who are unable or unwilling to increase their capital contribution shall be deemed to have voluntarily given up part of their equity, and the actual capital contributions of the three parties shall be adjusted accordingly. Whether it is necessary to increase the working capital again must be agreed by the chairman and at least one other shareholder.
6. Withdrawal method:
Shareholders of the cooperative company shall not withdraw their shares within three years after the establishment of the company. The cash contribution of each cooperative shareholder is the only settlement basis for shareholders to withdraw their shares. When a shareholder withdraws his shares, with the consent of other shareholders, the cooperative company will first settle 85% of the company's profits according to the dividend ratio (15% is the company's asset depreciation and risk reserve, which will not be distributed), and then return the shareholder's cash contribution, and other shareholders have the priority to purchase and withdraw shares. If the cooperative company is not profitable, it shall be returned to the shareholders according to the existing property of the cooperative company and the actual investment ratio.
7. If one party's breach of contract causes losses to the cooperative company and other shareholders, it shall compensate and pay 50,000 yuan to the non-shareholders as liquidated damages.
Eight. This agreement is made in triplicate, one for each shareholder, and shall come into effect after being signed by all shareholders.
Signature of Party A: ID number:
Contact address:
Telephone message:
Signature of Party B: ID number:
Contact address:
Telephone message:
Signature of Party C: ID number:
Contact address:
Telephone message:
date month year
Model Shareholders' Agreement (II) Party A: _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _
The above-mentioned parties * * * have reached the following agreement with the investor (hereinafter referred to as "the investor") through friendly negotiation, in accordance with the provisions of People's Republic of China (PRC) laws and regulations, and on the principle of mutual benefit, for both parties to abide by.
Article 1 * * * Investors' capital contribution is consistent with their capital contribution methods.
Party A and Party B agree that _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Contribution of each party: Party A accounts for _ _ _ _ _% of the total contribution; Party B accounts for _ _ _ _% of the total investment.
Article 2 Profit sharing and loss sharing
* * * Share the profits and losses of * * * with investors according to the proportion of their capital contribution to the total capital contribution.
* * * An investor shall be liable for the same investment to the extent of its capital contribution, and an investor shall be liable for a joint stock limited company to the extent of its total capital contribution.
* * * Shares contributed by the same investor and their aquaculture products * * * are owned by the same investor in proportion to their contribution.
* * * After the shares of the same investor in a joint stock limited company are transferred, each * * * same investor has the right to acquire the property in proportion to its capital contribution.
Article 3 Business execution
1.*** The investor entrusts Party A to represent all * * * and carry out the daily affairs of * * * together with the investor, including but not limited to:
(1) Exercising and fulfilling the rights and obligations as a promoter of a joint stock limited company at the stage of its establishment;
(two) after the establishment of the joint stock company, exercise the rights of shareholders of the joint stock company and perform corresponding obligations;
(3) Collect the results of joint investment and dispose of them in accordance with the relevant provisions of this Agreement;
2. Other investors have the right to check the implementation of daily affairs, and Party A has the obligation to report the operating status and financial status of the joint investment to other investors;
3. The profits generated by Party A's execution of the * * * joint investment firm shall be owned by the * * joint investor, and the losses or civil liabilities incurred shall be borne by the * * * joint investor;
4. If Party A causes losses to other investors due to negligence or non-compliance with this agreement when performing affairs, it shall be liable for compensation;
5.*** The same investor may object to Party A's execution of the same investment affairs. When raising an objection, the execution of the transaction shall be suspended. In case of dispute, it shall be decided by all investors.
6.*** The following matters of joint investment must be agreed by all * * * co-investors: (1) Transfer of shares invested by * * * Co., Ltd.; (2) Pledge with the above shares; (3) Change the executor of the transaction.
Article 4 Transfer of investment
1.*** When transferring all or part of its investment in * * * and investors to people other than * * * and investors, all * * and investors must agree;
2. When * * * transfers all or part of its investment in * * * with investors, it shall notify other * * * and investors;
3.*** If the same investor transfers its capital contribution according to law, other investors with the same * * * have the priority to be transferred under the same conditions.
Article 5 Other rights and obligations
1. Party A and other * * * investors shall not transfer or dispose of the shares invested by * * * without authorization;
2.*** Within three years from the date of registration of a joint stock limited company, the same investor may not transfer its shares and capital contribution;
3. After the establishment of a joint stock limited company, no * * * co-investor may withdraw its capital contribution from the * * * joint investment;
4. When a joint stock limited company cannot be established, the debts and expenses arising from the establishment shall be shared according to the proportion of capital contribution of each investor.
Article 6 Liability for breach of contract
In order to ensure the actual performance of this agreement, Party A voluntarily provides all its guarantees to other investors. Party A promises to bear the liability for breach of contract to other investors with the above-mentioned property in case its breach of contract causes losses to other investors. Article 7 Others
1. For matters not covered in this agreement, a supplementary agreement shall be signed separately by * * after consultation with the investor.
2. This agreement shall come into effect after being signed and sealed by all investors. This agreement is made in duplicate, with each investor holding one copy.
Party A (signature) _ _ _ _ _ Party B (signature) _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Signing place: _ _ _ _ _ Signing place: _ _ _ _ _ _
Model Shareholders' Agreement (III) Party A, Party B, Party D and Party E (partnership) have set up condiment factories, fully implemented the decision of * * * to invest and * * * to operate in cooperation, and established a joint-stock company. This agreement is signed by all five partners on the basis of equal consultation and mutually beneficial cooperation.
I. Amount of contribution (proportion of contribution by 5 persons) Form of contribution (cash or venue, equipment, etc.). ) submission time (year, month, day)
2. Share of equity and dividend distribution (for example, how many shares does Party A agree to hold in the joint-stock company; How many shares does Party B hold in the joint-stock company; How many shares does Party C hold in the joint-stock company; Party A, Party B, Party C, Party D and Party E have the right to distribute the company's dividends according to the equity ratio of the above-mentioned joint-stock companies, and the amount and proportion of the equity actually invested by Party A, Party B, Party C and Party E shall not be used as the basis for distributing the dividends. If the joint-stock company generates profits, A, B, P, D and E can extract the profits that can be shared, and the rest can be retained by the company as capital. Any party can withdraw the bonus and then invest it as working capital to increase the source of funds and expand the market share.
Three. Matters agreed during the cooperation period
Four, after the establishment of the shareholders of the seasoning factory, who is authorized to be the general person in charge of the company's operation and handle all the affairs of the company, must realize the unified leadership of the company and handle the affairs of the company independently. The following major issues and events involving the interests of all shareholders of the company can only be implemented after being studied and agreed by five shareholders:
1, and the single fee payment exceeds _ _ _ _ _ yuan;
2. Introduction of new products;
3. Major promotion activities;
4. Other important matters stipulated in the Articles of Association.
Five, after the establishment of the joint-stock cooperative company (such as opening a branch), the funds of the seasoning factory operate independently and standardize, and shall not be confused with the general factory or other branches or economic entities, and shall be accounted for completely independently. The shareholders' meeting shall be held once a month to review the monthly financial statements of the factory and evaluate the operating conditions of the factory. The agency right of all products distributed by the seasoning factory is shared by five shareholders, and all business dealings of the factory are recognized by the general factory, and the business is discussed one by one. All kickbacks, bonuses, prizes or other preferential treatment owned by the factory shall be enjoyed by all shareholders.
6. If the company needs to increase its capital in the future, Party B, Party C, Party D and Party E have the preemptive right. In order to eliminate the worries of shareholders, Party A agrees that if any of Party B, Party C, Party D and Party E requests to withdraw their shares within XX months after they become shareholders, Party A fully agrees, and will return their share capital within XX days, and settle it with the withdrawing party according to the bank loan interest for the same period. After the establishment of the joint-stock cooperative company, Party XXX shall not withdraw its shares within XX to XX. After XX time, if any shareholder withdraws his shares, his shares will be subscribed by other shareholders. If other shareholders do not subscribe for shares, the withdrawing party may transfer the shares to a third party.
7. As a shareholder, an operator and a rehired employee of the seasoning factory, the monthly salary payable in the factory is RMB, and the factory enjoys other rights stipulated in the employment contract.
In order to better control the operation and flexible use of funds, all cash and other assets and accounting materials of the established joint-stock company are kept and used by Party A, Party B, Party C, Party D and Party E at the same time.
Eight. After the establishment of a joint-stock cooperative company, if the nature of the company is changed to an independent company, the legal representative or person in charge of the business license shall be changed to.
Nine. Matters not covered in this agreement shall be negotiated by Party A, Party B, Party D and Party E. This agreement is made in sextuplicate, each party holds one copy, and the witness keeps 1 copy for the record. It shall come into effect after being signed by the five parties and confirmed with the official seal of the company.
Party A (signature) year month day
Party B (Signature) Year Month Day
Party C (signature) Year Month Day
Party D (signature) year month day.
Party E (signature) year month day.
Witness: (signature and seal)
Company seal confirmation:
Signature of the person in charge of the company:
date month year