In today's society, there are more and more places to use protocols. After signing the agreement, there are laws to follow and evidence to check. How was the general agreement drafted? The following is a simple sample of catering cooperation agreement that I have compiled. Welcome to read the collection.
Simple Catering Partnership Agreement 1 Party A:
Party B:
Party C:
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, Party B and Party C agree to invest in setting up a restaurant. The capital contribution of each party is: capital contribution of Party A, accounting for% of the total capital contribution; Contribution made by Party B, accounting for% of the total contribution; The capital contribution of Party C accounts for% of the total capital contribution. Each investor shall remit the above-mentioned capital contribution to the designated bank before.
Article 2 The operating mode of restaurants
Entrust all investors to handle industrial and commercial registration. The registration type is individual industrial and commercial households, and it is agreed to be registered as the head of household. The restaurant shall set up a shareholders' meeting, a board of directors and a board of supervisors, and all investors shall exercise their rights and perform their obligations in accordance with the capital contribution ratio, investment agreement and articles of association.
Article 3 Profit sharing and loss sharing
1.* * The income generated by the implementation of the joint investment firm belongs to the * * co-investors, and the * * co-investors share the profits of the * * joint investment according to the proportion of their capital contribution to the total capital contribution.
2. The losses or civil liabilities of the investment company shall be borne by * * and investors in proportion to their capital contribution.
3. As the investor is registered as the head of individual industrial and commercial households, he has the right to recover from the rest of the investors for the part that exceeds his due responsibility. The remaining investors have the obligation to take responsibility for the excess according to their respective investment proportions.
In addition, after consultation with all investors, it is agreed to give 5% of the restaurant investment share as a performance share; Enjoy the corresponding rights with this share. After consultation by all investors, it is agreed that 5% of the restaurant investment share will be given to as a dry share, and with this share, it will enjoy corresponding rights.
Article 4 Business execution
1.*** The same investor entrusts all * * * the same investors to handle the affairs of the restaurant establishment stage, including but not limited to acting as agents for all * * * the same investors, and going through the registration formalities with the industrial and commercial departments in the name of individual industrial and commercial households;
2. Other investors have the right to check the implementation of daily affairs and have the obligation to report the operation and financial status of joint investment to other investors;
3. Other * * investors who suffer losses due to negligence or non-compliance with this agreement in the course of transaction execution shall be liable for compensation;
4.*** The same investor may object to the 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.
Article 5 Share investment and investment transfer
1. During the existence of the restaurant, if people other than investors want to invest in the restaurant, they must obtain the approval of all investors.
2. When * * * transfers all or part of its investment in * * * and investors to people other than * * * and investors, it must be agreed by all * * and investors; Shareholders who do not agree to the transfer shall purchase the transferred capital contribution. If you don't buy the transferred capital contribution, it is deemed that you agree to the transfer.
3. When * * * transfers all or part of its investment with investors, it shall notify other * * * and investors;
4.*** 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.
5. As the sole investor registered in the industrial and commercial sector, make a commitment to other investors who are not registered in the industrial and commercial sector: they shall not unilaterally transfer all or part of their assets or rights without the written consent of other investors; Otherwise, in addition to returning the assets and compensating the losses of other investors, it is also necessary to bear the relevant criminal and civil responsibilities for encroaching on the assets of other investors.
Article 6 Liability for breach of contract
1. All investors shall abide by this agreement and shall not breach it, otherwise they shall be liable for breach of contract to the observant party.
2. If either party fails to make capital contribution on schedule, it shall bear all legal consequences arising from the delay in capital contribution, and at the same time bear the operating loss of the observant party of RMB/day.
3. If either party delays the capital contribution for more than 3 months, resulting in difficulties in production and operation, or either party explicitly indicates that it will no longer make capital contribution or fails to perform its capital contribution obligations by actions, the defaulting party shall bear all economic responsibilities and 20% of the delayed capital contribution as the liquidated damages to the observant party.
Article 7 Others
1. When the restaurant cannot be established, the debts and expenses arising from the establishment shall be shared according to the contribution ratio of each investor.
2. Matters not covered in this agreement shall be agreed by * * through consultation with the investor, and a supplementary agreement shall be signed separately. If no consensus can be reached, either party has the right to bring a lawsuit to the court where the restaurant is located.
3. This Agreement is made in duplicate, with each investor holding one copy. It will take effect after all investors sign and seal.
Party A:
Party B:
_ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _
Simple catering partnership agreement II Party A: ID number:
Party B: ID number:
Party C: ID number:
In order to operate the restaurant and define the rights and obligations of all parties, the following partnership agreement is reached through consultation among the partners on the principles of voluntariness, fairness, equality and mutual benefit:
The first purpose of cooperation: to provide consumers with a healthy, green and cheap diet.
Article 2 Name of the partnership enterprise: (to be determined)
Business Address: Opposite to the Armed Forces Department, Yuyi Road, Qufu City
Article 3 Partnership project and scope: special comprehensive catering, including tobacco and alcohol sales.
Article 4 Partnership term: 20xx May 1 day to 20xx May 1 day.
Article 5 Amount, mode and duration of capital contribution
1. The capital contribution of Party A (name) is in cash, accounting for% of the capital contribution;
Party B (name) contributes capital in cash, accounting for% of the capital contribution;
Party C (name) contributes capital in cash, accounting for% of the capital contribution;
2. All partners' capital contributions shall be paid in full before, and kept by Party A, the person in charge of the partnership enterprise, for all investments in the partnership hotel. Other partners have the right to supervise and verify.
4. Party A and Party B promise that the third-party partner has the right to withdraw its capital after six months of capital contribution, and both parties jointly acquire its shares.
Article 6 surplus distribution and debt commitment
1. Income distribution: the income excluding operating costs, daily expenses, wages, bonuses and taxes to be paid is net profit, that is, the cooperative income-generating surplus, which is the focus of cooperative distribution. It will be distributed according to the proportion of the partners' capital contribution and paid once every three months.
2. Debt commitment: If debts are incurred in the course of partnership operation, and the investment project cannot continue to operate due to poor management or other reasons, after the project is transferred, the corresponding creditor's rights and debts shall be assumed in proportion based on the capital contribution of each partner.
Article 7 Management and personnel management
1. All the partners decide to entrust Party A as the person in charge of the partnership, and Party A will comprehensively manage the restaurant on behalf of all parties. Other parties have the right to supervise the operation of Party A, but shall not interfere with the operation and management of Party A.. If there are any differences, all partners should settle them through consultation.
2. Party A has the right to manage the personnel required for the operation of restaurants, and other parties will not manage them.
Article 6 Transfer, withdrawal and contribution of capital contribution
(1) Capital contribution
1. The investment of the new partner must be approved by Party A;
2. The new partner must acknowledge and sign this cooperation agreement;
3. Unless otherwise agreed in the capital contribution agreement, the new partner with capital contribution enjoys the same rights and assumes the same responsibilities as the original partner; The new partners who have invested shall be jointly and severally liable for the debts of the pre-investment cooperative enterprise.
(B) Capital withdrawal
During the operation period, the partners may withdraw their shares with the written consent of Party A.. If a partner withdraws his capital contribution without authorization and causes losses to the cooperative enterprise, he shall compensate all the losses of the other partners.
(3) Transfer of capital contribution
With the written consent of all the partners, the partners may transfer all or part of their property shares in the cooperation. Under the same conditions, other partners have the priority to be assigned. If it is transferred to a third party other than a partner, the third party will treat it as a new investment, otherwise it will treat the transferor as a refund. A third party other than a partner who accepts the share of the property of the cooperative enterprise shall become a partner of the cooperative enterprise after the modification of the cooperation agreement.
Article 7 Rights and obligations of partners
(1) Rights of partners:
1. The decision-making power, supervision power, specific business activities and important matters of cooperation affairs shall be decided by partners A, B and C;
2. Partners have the right to distribute the benefits of cooperation;
3. Partners shall distribute the cooperation income according to the proportion of capital contribution, and the property accumulated by cooperative operation shall be owned by the partners.
(2) Obligations of partners:
1. Maintain the unity of partnership property according to the cooperation agreement;
2. Debt sharing and cooperative operating losses;
3. Take joint and several liability for cooperative debts.
Article 14 Disputes shall be settled through agreement.
All disputes arising from or related to this agreement shall be settled through negotiation between the partners. If negotiation fails, it shall be submitted to the (local) Arbitration Commission for arbitration.
Article 15 Others
(1) Upon consensus, the partners may modify this agreement or supplement matters not covered; In case of any conflict between the supplementary and modified contents and this Agreement, the supplementary and modified contents shall prevail;
(2) This Agreement is made in duplicate, with each party holding one copy.
(III) This Agreement shall come into force after being signed and sealed by all parties.
Signature and seal of partner:
Party A: _ _ _ _ _ _ Party B: _ _ _ _ _ _
Party C: _ _ _ _ _ Party D: _ _ _ _ _ _
Signature time: _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ _
Article 1 of Simple Catering Partnership Agreement 3, Partner
1, name _ _ _ _ _ _ _ _, gender _ _ _ _, age _ _ _ _, ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2. The purpose of the partnership
Based on the principles of mutual benefit, openness, benefit sharing and responsibility sharing, all parties reached an agreement to jointly operate this project.
Article 3. Project and scope of partnership operation
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 4. Term of partnership
Start with _ _ _ _ _ _ _ _.
Article 5. Amount, mode and duration of capital contribution
(1) Partner _ _ _ _ _ _ _ (name) contributes capital in the form of _ _ _ _ _ _ _ (cash, technology, physical objects, etc.). ), a total of RMB _ _ _ _ _ _. _ _ _ _ _ _ _ holds *% of the company's shares (the order of other partners is the same as above).
Partner _ _ _ _ _ _ _ _ _ (name) contributes capital in the form of _ _ _ _ _ _ _ _ (cash, technology, physical objects, etc.). ), totaling RMB _ _ _ _ _ _ _. _ _ _ _ _ _ _ holds *% of the company's shares (the order of other partners is the same as above).
(2) The capital contribution of each partner shall be paid in full before _ _ _ _ _ _ _ _ _.
(3) The capital contribution of this partnership is RMB _ _ _ _ _ _ _. During the partnership, the capital contribution of each partner is * * * property, and invitation shall not be made at will.
Find division. After the termination of the partnership, each partner's capital contribution will still be owned by the individual and will be returned at that time.
Article 6, surplus distribution and debt commitment
All partners * * * operate together, * * * work together, * * * take risks, and * * * be responsible for their own profits and losses.
(1) Earnings distribution: based on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) Debt commitment: the partnership debt shall be paid off with the property of the partnership enterprise first. If the partnership property is insufficient to pay off, it shall be borne in proportion based on _ _ _ _ _ _ _ _.
(Special note: surplus distribution and debt commitment can be agreed according to each partner's respective contribution or equal distribution. If there is no agreed sharing ratio, the partners shall share it according to the proportion of capital contribution. After either party makes external repayment, the other party shall pay off its share to the other party in proportion within 10 days. )
Article 7. Recognition, Withdrawal and Transfer of Capital Contribution
Unless otherwise agreed in the occupation agreement, the new partner who joins the occupation enjoys the same rights and assumes the same responsibilities as the original partner. The new partner shall be jointly and severally liable for the debts of the partnership before joining the partnership.
(1) Quit voluntarily. During the term of operation of the partnership, a partner may withdraw from the partnership under any of the following circumstances: it is difficult for the partner to continue to participate in the partnership.
If the partnership agreement does not stipulate the term of operation of the partnership, the partners may withdraw from the partnership without affecting the implementation of the partnership affairs, but they shall notify the other partners 30 days in advance. If a partner withdraws from the partnership without authorization and causes losses to the partnership, he shall compensate for the losses.
(2) Quit, of course. In any of the following circumstances, the partner will of course quit:
2. All the property shares in the partnership shall be enforced by the people's court. The effective date of withdrawal under the above circumstances is the actual withdrawal date.
3. Other reasons stipulated in the partnership agreement.
After a partner withdraws from the partnership, other partners and quitters shall conduct liquidation according to the property status of the partnership at the time of withdrawal. (3) Transfer of capital contribution. Allow partners to transfer all or part of their property shares in the partnership. Under the same conditions, partners have the priority to be assigned. If it is transferred to a third party other than a partner, it must be approved by other partners. Otherwise, it is considered invalid.
Article 8. The person in charge of the partnership and the execution of the partnership affairs.
(1) The shareholder with the largest proportion of capital contribution is the person in charge of partnership affairs of the partnership enterprise.
Article 9. Rights and obligations of partners
(a) the right to manage, decide and supervise the affairs of the partnership, and the business activities of the partnership shall be decided by the person in charge of the partnership; (2) The partners shall distribute the benefits of the partnership according to the proportion of capital contribution or the contract, and the property accumulated by the partnership shall be owned by the partners.
(III) Access Right In order to ensure the healthy development of the company and achieve the same business objectives, shareholders have the right to access the minutes of the shareholders' meeting and the company's financial books to understand the company's operating and financial conditions without affecting the normal activities of the company. (4) To be jointly and severally liable for the partnership debts.
Article 10 prohibited acts
(1) Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of the partnership without permission; If the profits from its operation belong to a partnership, it shall compensate for the losses according to the actual losses.
(2) Unless otherwise agreed in the partnership agreement or agreed by all the partners, the partners shall not conduct transactions with the partnership enterprise. (3) Partners shall not engage in activities that harm the interests of the partnership.
Article 11 Continuation of partnership business
(1) In the case of quitting the partnership, the remaining partners have the right to continue to operate the business of the original enterprise in the name of the original enterprise, and they can also select and recruit new partners to join the business.
(2) If a partner dies or is declared dead, the heir of the deceased partner may, at his choice, return the share of the property that the heir should inherit and continue to operate; You can also accept the heir as a new partner to continue the business in accordance with the partnership agreement or with the consent of all partners.
Article 12 Termination and liquidation of the partnership
Other reasons for the dissolution of the partnership stipulated by laws and administrative regulations occur.
1. After the partnership is dissolved, it shall be liquidated and notify the creditors.
2. The liquidator shall be appointed by all the partners or agreed by more than half of all the partners. If the liquidator meets the following conditions, it shall appoint _ _ _ _ _ _ _ _ _ _ _ _ 15 days. If it is not determined, the partners or other interested parties may apply to the people's court for the appointment of the liquidator.
3. After paying the liquidation expenses, the partnership property shall be paid off in the following order: the wages and labor insurance expenses owed by the partnership; Tax owed by the partnership; Partnership debt; Return the capital contribution of the partners.
4. If there is any surplus after settlement, it shall be distributed according to the method in Paragraph 1 of Article 6 of this Agreement.
5. If the partnership suffers losses during the liquidation period and the property of the partnership is insufficient to pay off, it shall be handled in accordance with the second paragraph of Article 6 of this Agreement. Each partner shall bear unlimited joint and several liability, and if the amount paid by the partner exceeds the amount due to joint and several liability, the partner shall have the right to recover from other partners.
Article 13 responsibility for breach of contract
(1) If a partner fails to pay the capital contribution in full and on time, it shall compensate the other partners for the losses suffered as a result. If the capital contribution is not paid in full within _ _ _ _ _ _ _ years, it shall be deemed as withdrawing the capital contribution.
(2) If a partner transfers his share of property without the unanimous consent of the other partners, and his partner is unwilling to accept the transferee as a new partner, he may be treated as withdrawing from the partnership, and the transferor shall compensate the other partners for the losses suffered as a result.
(3) If a partner contributes privately with his share of property in the partnership enterprise, his behavior shall be invalid, or he shall be treated as withdrawing from the partnership; If losses are caused to other partners, they shall be liable for compensation.
(4) If a partner seriously violates this Agreement, or the partnership enterprise is dissolved due to gross negligence or violation of the partnership enterprise law, it shall be liable for compensation to other partners.
(5) Where a partner violates the provisions of Article 9 and Article 10, compensation shall be made according to the actual losses of the partnership to discourage listeners, and all partners may decide to be removed.
Article 14 Settlement of contract disputes
(1) All disputes arising from or related to this agreement shall be settled by the partners through consultation. If negotiation fails, the case shall be submitted to the _ _ _ _ _ _ _ _ Arbitration Commission for arbitration. The arbitral award is final and binding on all parties.
(II) All disputes arising from or related to this Agreement shall be settled through negotiation between the partners. If negotiation fails, it shall be under the jurisdiction of the people's court where the partnership enterprise is located.
Article 15. other terms
(1) Upon consensus, the partners may modify this agreement or supplement matters not covered; If there is any conflict between the supplementary and modified contents and this Agreement, the supplementary and modified contents shall prevail.
(II) Occupation contract is an integral part of this Agreement.
(III) This Contract was signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(IV) This contract shall come into effect after being signed and sealed by all partners.
Partner _ _ _ _ _ _ _ Partner _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
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