Three people *** jointly form a joint-stock company. What should be included in this shareholders’ agreement? Let’s take a look with me! The following is the “Three-person Partnership Shareholders Agreement” compiled by me "Book Sample" is for reference only, everyone is welcome to read it. Sample 1 of Three-person Partnership Shareholders Agreement
Party A: ____________________ ID card: ____________________________
Party B: ____________________ ID card: ____________________________
Party C: _______________ _ID card: ____________________________
The parties agree to form a partnership in accordance with the following terms.
Article 1 Organizational form, company name, business location, partnership term, business scope
1. Organizational form: Partners form a partnership in accordance with the "Partnership Enterprise Law" and its relevant regulations enterprise.
2. Company name: All partners engage in business in the name of _____.
3. Business location: The main business location of all partners is located at ____________________________.
4. Partnership period: The partnership begins when this agreement is signed and ends on _____ month _____ day _____ year.
Early termination is not allowed except for the following reasons:
(1) The expected purpose of this agreement is achieved in advance;
(2) Death of a partner, After insanity or bankruptcy, other partners are unwilling to maintain the partnership;
(3) All partners unanimously agree to terminate early.
5. Business scope: All partners *** are engaged in _________, ________ and other business activities. The business scope shall be subject to the approval of the Administration for Industry and Commerce and the content stated in the business license. .
Article 2 Capital Contribution
1. The total capital contribution of all partners is RMB________ yuan (or a total of 100%), and each partner has the type listed in the following table , fulfill the investment obligation in quantity. Name of the investor, type of investment, value (in RMB), and percentage of the total investment. During the partnership period, if it is necessary to recover the investment in order to expand the business scale, each partner shall have ________ days after receiving the notice. , the amount of capital contribution shall be recovered according to the proportion listed in the table above. The above capital contribution is the exclusive property of the partners.
2. In addition to participating in profit distribution, partners shall not require other remuneration for capital contribution.
3. The equity of a partner shall not be transferred to anyone other than the parties to this agreement.
4. When a partner withdraws from the partnership, the capital contribution will be returned based on the property status at the time of withdrawal, the capital contribution ratio specified in this agreement and whether the withdrawing partner has fulfilled its obligation to recover the investment. If it cannot be returned in kind, it should be allowed to return cash at a discounted price.
5. When the returning partner sells the returned property, the parties to this agreement have the first right to purchase under the same conditions.
Article 3 Surplus Distribution
1. Surplus refers to the total operating income minus costs in each fiscal year, and is calculated as ____% of the total operating income, after the advance reserve fund of net profit.
2. ____% of the net profit shall be distributed according to the proportion of capital contribution.
_____% of the net profit is distributed according to the workload (the workload is determined by the internal work contract according to different types of work).
___% of the net profit is used as welfare expenses and is evenly distributed according to the number of people.
3. All parties to this agreement have the right to participate in surplus distribution.
4. The surplus distribution plan, together with the detailed account of operating income and expenditure for each fiscal year, shall be announced one month before the end of the fiscal year.
5. Partners can review the distribution plan and accounts after the distribution plan is announced but before it is implemented. Anyone who has objections to the distribution plan should be discussed and adjudicated by the general meeting of partners.
Article 4: Operation and management of partnership affairs
1. Partnership affairs are jointly participated by all partners. If there is a dispute, the decision will be made by the majority opinion. Regardless of the amount of capital contributed by the partners, each partner has only one vote on partnership affairs.
2. All partners elect ______ as the person in charge of the partnership. The person in charge formulates an execution plan based on the dominant opinions of more than half of the partners and is responsible for all matters in the execution process; the person in charge can also propose business plans and formulate The business plan shall be submitted to a meeting of all partners for discussion and approval.
3. Within the scope of partnership affairs, each partner (or partnership leader) can conduct business on behalf of all partners. The activities are the responsibility of all partners.
4. Partners should handle partnership affairs with the same prudence as they treat their own affairs.
5. The partners’ remuneration for handling partnership affairs is stipulated in the internal work contract, and partners are not allowed to claim kickbacks from the operating body in any form.
6. Partners have the right to inspect the account books from _____ to ___ every month, and the partner in charge of finance and accounting shall not refuse.
Article 5 Sharing of Partnership Debts
1. Partners shall group partnership debts according to the surplus distribution ratio (or capital contribution ratio) stipulated in paragraph 2 of Article 3 of this Agreement. After receiving the notice of debt performance, each party shall hand over their respective shares to the partner in charge of finance and accounting within ___________ days.
2. The new partner shall share in the repayment of the partnership debts before he joins the partnership according to the approved capital contribution ratio and surplus distribution ratio (or not share the repayment obligation); the withdrawing partner shall bear the responsibility for the existing partnership at the time of withdrawal. Debts, whether due or not, are subject to the obligation to repay.
Article 6: Joining and withdrawing from a partnership
1. The admission of new partners must be unanimously agreed by the parties to this agreement.
2. The partners shall not declare to withdraw from the partnership during the existence of this agreement, except in the following circumstances: (1) The reasons for early termination listed in paragraph 4 of Article 1 of this agreement; (2) The partnership operation continues Loss occurred within _____ months; (3) More than half of the partners voted no confidence in the partnership.
Or use the following provisions:
A partner may declare to withdraw from the partnership, but must convey his intention to withdraw from the partnership in writing to other partners one month before withdrawing.
3. Liquidation shall be carried out in accordance with the provisions of Article 7 of this Agreement when withdrawing from the partnership.
Article 7 Termination of Partnership
1. Regardless of the reason for the termination of the partnership, the balance sheet should be announced to all partners immediately.
2. The liquidation procedures upon termination are as follows: (1) Settlement of partnership debts; (2) Settlement of unpaid wages; (3) Return of capital contribution; (4) Distribution of surplus.
Article 8 Others
1. The partnership accounting year begins on ____ month ____ of each year and ends on ___ month ______ of the same year.
2. All detailed accounts of the partnership should fully show the partnership’s operating status, capital turnover status and tax payment status.
3. The person in charge of the partnership shall deliver a copy of the annual balance sheet and operating report to each partner at the end of the year. If the partner does not submit the copy to the partnership within one month after receiving the above copies, If the person in charge raises written or oral objections, it is presumed that he has no objection to the operating conditions of the year.
4. Partners should open bank accounts in the name of the firm. Bank checks and promissory notes should be signed by the person in charge of the partnership and the partner in charge of financial accounting.
Party A (Signature): ______________ Party B (Signature): _______________ Party C (Signature): _______________
_______year________month______day_________ Year______month______day________year________month______day Three-person Partnership Shareholder Agreement Sample 2
Party A: ____________________ ID: __________________________________
< p> Party B: ____________________ ID card: ____________________________Party C: ____________________ ID card: ____________________________
Party A, B, and C (hereinafter referred to as the three parties) *** jointly establish _______ _Company, *** jointly develop the ________ market, voluntarily sign the following agreement, and *** jointly abide by it.
1. Cooperation method
Party A, B and C *** jointly contribute capital and formally register in _________ Industrial and Commercial Bureau to establish ________ company (hereinafter referred to as the company). The three parties contribute capital in cash or in kind, and the company's shares are distributed as follows: Party A accounts for ________%, Party B accounts for ________%, and Party C accounts for ________%. The company's income is calculated and distributed annually.
2. Party A’s Responsibilities and Rights
Party A will contribute the capital in the form of ________ to ensure that its capital contribution is in place. Responsible for the company's operating work, keeping abreast of the company's operating conditions, and working hard to learn the knowledge and skills needed for the company's development. Make full use of various interpersonal resources to solve practical problems for the company and strive for greater survival space and development opportunities for the company. Pay attention to and understand the company's operating conditions at any time, and provide guidance for the company's development direction and business strategies.
Bear the company's expenses and enjoy the company's profits based on ________% of its shareholding ratio in the company.
3. Party B’s Responsibilities and Rights
Party B uses ________ as capital contribution to be responsible for the company’s specific operating work, keep abreast of the company’s operating conditions, and strive to learn the knowledge needed for the company’s development. Skill. Make full use of its technical strength and other resources to solve practical problems for the company and strive for greater survival space and development opportunities for the company. Pay attention to and understand the company's operating conditions at any time, and provide guidance for the company's development direction and business strategies. Bear the company's expenses and enjoy the company's profits based on ________% of its shareholding ratio in the company.
IV. Party C’s Responsibilities and Rights
Party C will use ________ as capital contribution to ensure that its capital contribution is in place. Responsible for the company's operating work, keeping abreast of the company's operating conditions, and working hard to learn the knowledge and skills needed for the company's development. Make full use of various interpersonal resources to solve practical problems for the company and strive for greater survival space and development opportunities for the company. Pay attention to and understand the company's operating conditions at any time, and provide guidance for the company's development direction and business strategies. Bear the company's expenses and enjoy the company's profits based on ________% of its shareholding ratio in the company.
5. Cooperation among the three parties Based on the sharing of resources and complementary advantages, and in line with the principles of openness, honesty, unity and cooperation, issues involved in the company's operation and development are determined through three-party discussions.
6. Contract Period
This contract is made in _________ and shall take effect upon signature by the three parties. It shall be valid for _________ years. If one party decides to withdraw midway before the contract expires, the other two parties have priority to accept its shares. If the withdrawn shares cannot be accepted, the party that decides to withdraw can find another share recipient and obtain approval from the shareholders' meeting. If a party that decides to withdraw cannot find a recipient for its shares, it cannot withdraw. After the contract expires, if the company continues to operate, the contract period will automatically be extended for ________ years.
Party A (Signature): ______________ Party B (Signature): _______________ Party C (Signature): _______________
_______year________month______day_________ Year______month______day________year________month______day Three-person Partnership Shareholder Agreement Sample 3
Party A: ___________ ID number: ____________________________________________
Party B: ___________ ID number: ____________________________________________
Party C: ___________ ID number: ____________________________________________
Party A, B and C have reached an agreement on *** through friendly consultations The following partnership agreement has been reached regarding the operation of the bar:
Article 1 Partnership Purpose
Taking advantage of the partners’ own capital management advantages and some gaps in comprehensive services required in the bar consumer market, Running a bar allows partners to create the fruits of labor and share economic benefits through legal means.
Article 2 Partnership name and main business place
The name of the bar operated by the partnership is: ____________________________
The business place is located at: ____________________________, area: ____________________________
Article 3 Partnership Business Projects and Scope
The business project is a specialty bar, including tobacco and alcohol sales, Chinese and Western simple meals, chess and cards, etc.
Article 4 Partnership Term
The partnership term is ________ years, starting from ____ month ____ of ________ year to ________ year ______ Ending on _______ month.
Article 5 Amount, method and term of capital contribution
1. Party A ____________ (name) contributes capital in the form of ____________, totaling RMB ____________ yuan.
Party B____________(name) contributes capital in the form of____________, amounting to RMB____________ yuan.
Party C____________(name) contributes capital in the form of____________, amounting to RMB____________ yuan.
2. The capital contribution of each partner must be paid before _________, month, _________, and shall be kept by Party A, the person in charge of the partnership. Other partners have the right to supervise and verify.
3. The partnership’s investment *** totals RMB____________ yuan. During the partnership period, the capital contribution of each partner is the exclusive property and cannot be divided at will. After the partnership is terminated, the capital contribution of each partner is still owned by the individual and will be returned on the day the agreement is terminated or according to the time agreed by the partners.
Article 6 Profit, Wage Distribution and Debt Assumption
1. Wage distribution: __________________________________________________________________
2. Bonus distribution: With the deepening of partnership operations, profits Once the amount is considerable, bonuses will be issued at the end of the year. The amount of the bonus will be determined after discussion among the partners based on current income and personal contribution.
3. Surplus distribution: Income after excluding operating costs, daily expenses, wages, bonuses, taxes and fees to be paid, etc. is net profit, that is, the surplus generated by the partnership. This is the focus of partnership distribution and will be classified as partnership Based on people's capital contribution, the funds will be distributed in proportion.
4. Debt assumption: If debts arise during the partnership operation, the partnership debts will first be repaid by the partnership property. If the partnership property is insufficient to repay, the partnership debts will be borne in proportion based on the capital contribution of each partner. < /p>
2. The new partner must acknowledge and sign this partnership agreement;
3. Unless otherwise agreed in the partnership agreement, the new partner who joins the partnership shall have the same rights as the original partner and shall bear the same responsibilities. Equal liability; new partners who join the partnership bear joint and several liability for the debts of the partnership before joining the partnership.
(2) Withdrawal from the partnership
1. Voluntarily withdraw from the partnership. During the business period, a partner may withdraw from the partnership if one of the following circumstances occurs:
① The reasons for withdrawal specified in the partnership agreement arise;
② Withdrawal from the partnership with the written consent of all partners;
p>
③A legal reason occurs that makes it difficult for a partner to continue to participate in the partnership.
If a partner withdraws from the partnership without authorization and causes losses to the partnership, he shall compensate the other partners for all losses.
2. Of course quit the partnership. If a partner has any of the following circumstances, he will naturally withdraw from the partnership:
① Dies or is declared dead according to law;
② Is declared to be a person without capacity for civil conduct according to law;
< p> ③The individual loses the ability to repay debts;④The entire property share in the partnership enterprise is enforced by the people's court.
For the withdrawal from the partnership under the above circumstances, the date of actual occurrence shall be the effective date of withdrawal from the partnership.
3. Removal from the partnership. If a partner has any of the following circumstances, he may be removed from the partnership with the unanimous consent of other partners:
①Failure to perform capital contribution obligations;
②Contribution to the partnership due to intentional or gross negligence Economic losses caused to the enterprise;
③Irregular conduct when executing partnership affairs;
④Other reasons stipulated in the partnership agreement.
The decision to remove a partner must be notified in writing to the person being removed. The removal will take effect from the date when the person to be removed from the company receives the notice of removal, and the person to be removed from the partnership will withdraw from the partnership. If the person being removed has objections to the removal resolution, he may file a lawsuit with the People's Court within 30 days from the date of receiving the removal notice.
After a partner withdraws from the partnership, settlement will be made between the other partners and the withdrawing partner based on the property status of the partnership at the time of withdrawal.
(3) Transfer of capital contribution
Partners are allowed to transfer all or part of their property shares in the partnership. Under the same conditions, other partners have priority to receive the transfer. If it is transferred to a third party other than a partner, the third party shall be treated as a new member of the partnership; otherwise, the transferor shall be treated as a member who has withdrawn from the partnership. If a third party other than a partner receives a share of the partnership's property, he or she will become a partner of the partnership upon modification of the partnership agreement.
Article 8: Partnership person in charge and execution of partnership affairs
All partners decide to entrust Party A to be the person in charge of the partnership, and its authority is:
1. Conduct external business and conclude contracts;
2. Conduct comprehensive daily management of partnership projects;
3. Set operating prices and purchase commonly used goods;
4 .Pay partnership debts;
5._________________________________________.
Article 9 Rights and Obligations of Partners
(1) Rights of partners:
1. The right to decide, supervise and specify partnership affairs The business activities of the company are jointly decided by the partners. No matter how much capital is contributed, everyone has the right to vote. Major matters must be agreed by partners who account for more than two-thirds of the capital contribution;
2 .Partners have the right to distribute partnership interests;
3. Partners should distribute partnership interests in proportion to their capital contribution or in accordance with the agreement. The property accumulated by the partnership belongs to the partners***; < /p>
4. Partners have the right to withdraw from the partnership.
(2) Obligations of partners:
1. Maintain the unity of partnership property in accordance with the partnership agreement;
2. Share the operating losses of the partnership Debts;
3. Be jointly and severally liable for partnership debts.
Party A (signature): ______________ Party B (signature): _______________ Party C (signature): _______________
_______year________month______day_________ Year______month______day________year______month______day