#书信 Letter# Introduction The agreement plays a positive role in the performance of the affairs of both parties. In social life, two or several parties who cooperate, in order to protect their respective legitimate rights and interests, the agreement is signed by both parties or parties** *A written document signed after reaching an agreement through consultation. Below is a summary of how to write a simple version of a shareholding agreement. Welcome to read and learn from it. I hope it will be helpful to you!
1. How to write a simple version of the shareholding agreement Part 1
Investor: __________
Investors accepted: __________
Investment In accordance with the "Company Law of the People's Republic of China" and other relevant laws and regulations, and in accordance with the principle of equality and mutual benefit, the investing parties have reached an agreement on the matter of ______ investment in _________ Co., Ltd. through friendly consultations and signed this agreement. :
1. The investor of this contract is: ______, ID card: __________, address: __________.
2. Company information:
1. Company address: ____________________.
2. The legal representative of the company is: ___________.
3. The company is a limited company established in accordance with the "Company Law" and other relevant regulations. All parties to the investment shall bear liability for the company's claims and debts to the extent of their respective capital contributions. Each party shares profits, risks and losses in proportion to its capital contribution.
4. The investor ______ will share the equity and profits from the date of investment. The claims and debts of ________ Co., Ltd. before ______ investment have nothing to do with ______. (Based on the accounting statements from the date of investment).
3. The investor’s investment method and amount
Investor: ______’s investment amount is (RMB) ____ million yuan, accounting for ____% of the total investment.
IV. Liability for breach of contract:
1. The investor, namely ________ Co., Ltd., shall not use _____ before the completion of relevant procedures (subject to the replacement of business license). _The capital verification amount of ____ ten thousand yuan injected into the company's account,
Otherwise, it can be regarded as a breach of contract. In addition to the ______ investment money that must be returned to the investor, a liquidated damages of ____ ten thousand yuan must also be paid. .
V. Resolution of disputes:
Any disputes arising during the performance of this contract shall be negotiated by both parties. If the negotiation fails, both parties may file a lawsuit in the local people's court in accordance with the law.
6. Investment in this contract
Each party shall hold one copy and *** two copies. It will take effect from the date of signature by all parties to the investment.
Investor’s signature (seal): __________
Accepting investor’s signature (seal): __________
Company legal person’s signature (seal): __________ < /p>
Signing date: _____ year _____ month _____ day
2. How to write the simple version of the shareholding agreement Part 2
< p> Party A: _________Address: _________
Contact information: _________
Party B: _________
Address: _________
Contact information: _________
After full consultation, Party A and Party B reached the following agreement on the basis of equality and voluntariness regarding the capital contribution _______________:
1. Company Name:
Business location: _________
2. Business scope:
3. Names of Party A and Party B
1. Party A:
2. Party B:
4. Operation period:
From ___ month ___ to ______ Year ___ month ___ day.
V. Capital Contribution Method and Amount
1. Party A contributes capital with _________, worth RMB________ yuan;
2. Party B contributes _________ _Investment, worth RMB___________ yuan.
(Party B gives Party A (___________ yuan) as a deposit to ensure that the shares will not be withdrawn during the operating period, and will be returned when Party B withdraws the shares at the expiration of the operating period.)
3. Party A and Party B contribute *** RMB___________ yuan. During the operation of the company, the capital contributed by both parties is the exclusive property of the company and cannot be divided at will upon request.
6. Profit distribution and loss sharing
The company generally conducts financial settlement at _________, Party A shares profits or losses according to _______; Party B divides according to ______ Receive profits or share losses; (Loss caused unilaterally without consultation and consent shall be borne by the individual according to the actual loss).
VII. Withdrawal of shares
A shareholder may withdraw from its shares if one of the following circumstances occurs:
1. The operating period expires and Party B is unwilling to continue operating. ;
2. There must be justifiable reasons to withdraw the shares;
3. When the operating period expires, the shares can be withdrawn with the consent of both parties A and B;
4. Party A and Party B can withdraw their shares if they find it difficult to continue their shareholding operations;
5. Party B’s withdrawal must notify Party A ___ months in advance and can withdraw its shares after negotiation and agreement between Party A and Party B;
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6. Party B shall be responsible for any losses caused to Party A by withdrawing shares without the consent of Party A.
8. Dissolution and liquidation
The company shall be dissolved when its shareholding operation falls under any of the following circumstances:
1. When the operating period expires, Party A and Party B are unwilling to do so. Continue to operate;
2. Party A and Party B decide to dissolve;
3. There is no quorum for the operation;
4. After both parties dissolve, the enterprise Settlement should be carried out in accordance with the law;
5. After the business is terminated, the capital contributions of Party A and Party B will still be owned by individuals and will be returned at that time.
9. Matters after the termination of operations:
1. Immediately elect a liquidator and invite intermediaries (or notaries) to participate in the liquidation;
2. Liquidation If there is a surplus later, the order of collecting claims, paying off debts, returning the capital contribution, and distributing the remaining property in proportion will be followed. Fixed assets and indivisible objects can be sold at a price, and the price will participate in the distribution;
3. If there is a loss after liquidation, regardless of the amount of capital contributed by both parties, it will first be repaid with the joint property of both parties. If the property of both parties is insufficient to pay off Part of it will be borne by both parties in proportion to their capital contribution.
10. If there are any matters not covered in this contract, they should be supplemented or modified by discussion between the two parties. Supplements and modifications have the same effect as this contract.
11. This agreement is made in duplicate and will take effect upon signature by both parties. Each party holds one copy, both of which have the same legal effect.
Party A: _________
______year___month___day
Party B: _________
______year_ __month___day
3. How to write a simple version of the shareholding agreement Part 3
Party A: _________
Contact information: _________
Address: _____________
Party B: _________
Contact information: _____________
Address: _________
< p> Party A and Party B, on the basis of equality, voluntariness, mutual benefit and consensus through consultation, have reached this agreement regarding Party B’s investment in Party A in the form of investment in the product technology held by Party B for compliance and performance:1 , Party B uses its legally held product technology, including but not limited to product technology, as well as its own technology and other intellectual achievements and technical solutions developed on this basis in the future, as intangible assets to invest in Party A.
II. Current Situation of Party A
Party A’s company was established in ______ year ______ month with a registered capital of ______ yuan and an existing production and operation area of ??______ square meters , production equipment and technology, all certification materials required for operation are complete and has won many honors. It already has a considerable number of prospective customers in the market. The organization and operation of the management teams of each functional department have been improved, and it has a certain brand awareness. In good working order.
3. After negotiation between Party A and Party B, Party B will invest in the construction of a production line with the technology held by Party B. After Party B’s technology becomes a shareholder, Party B will obtain ______% of Party A’s shares.
4. Party B shall handle the transfer of rights procedures in a timely manner, provide relevant technical information, provide technical guidance, and teach technical know-how, so that the technology can be successfully transferred to Party A and digested and mastered by Party A for use in product production. .
5. After the technological achievements become shares, Party B obtains the status of a shareholder, and its technology is owned by Party A. The newly invested production lines and their products will be financially independent, accounted for separately, and receive dividends in proportion.
6. Within ______ days after the signing of this agreement, Party A and Party B shall go to the industrial and commercial department to handle the equity change procedures.
7. The term of this agreement and the restrictions on the pledge, transfer and donation of the company's equity by Party A and Party B are separately agreed upon in the Articles of Association.
8. Party B shall abide by the company's system, develop its expertise, perform duties and exercise its powers within the scope of its position; and participate in Party A's management, production and operation activities based on the share of shares held.
9. Before the signing of this Agreement, Party A’s claims, debts, and civil and legal disputes have nothing to do with Party B and shall be borne by Party A and its shareholders.
10. Party A’s Rights and Obligations
Party A will publish financial accounts to Party B regularly every year, and can provide financial accounts for review at any time upon Party B’s request. Party A complies with legal provisions and distributes dividends to Party B based on the shares held by Party B. The payment shall be made in cash before _________month______ of the following year.
11. Rights and Obligations of Party B
1. Party B enjoys the legal rights of ______% of the equity in accordance with the proportion of capital contribution, and enjoys a monthly salary of ______ million yuan and company All other benefits as stipulated.
2. Party B serves as the company’s technical director and is responsible for the operation of the new production line, including but not limited to research and development, production and technical guidance.
3. Party B guarantees that it holds legal ownership of the technology it invests in, and guarantees that no infringement disputes will arise after these technologies are put into Party A’s production and operation, otherwise Party B will bear full responsibility. Party B also guarantees that its investment technology and technical background are advanced and feasible in the same industry.
4. During Party B’s stay in the company and within ______ years after leaving the company, without Party B’s consent, Party B shall not engage in any work elsewhere or in the name of others that is similar to or competitive with the company’s business. , nor may any enterprise be established in any name that is similar to or competes with the company's business.
Party B shall not leak, disclose, let others use, with or without compensation, the company's technical achievements (including the technology in which Party A has invested), trade secrets or other intellectual property rights, or use them for purposes that are not beneficial to the company. Under the premise of complying with the confidentiality system, Party B's use and disclosure within the company for the benefit of the company are not subject to this restriction.
5. As a shareholder, Party B enjoys the rights stipulated by law as a shareholder, including requesting to view financial accounts at any time and receiving dividends on a per-share basis.
6. In order to maintain the stability of the company, five years after the signing of this agreement, if Party B does pledge, transfer or donate its equity to a third party due to personal needs, Party A and its shareholders shall have the right to do so under the same conditions. Preemptive right to subscribe.
12. In accordance with the company's articles of association, if the company needs to make additional investment after voting at the shareholders' meeting or needs to make up for losses due to operating losses, other shareholders of Party A and Party B will bear the capital contribution according to the proportion of equity.
13. Liability for breach of contract
1. Party B is responsible for product research and development and Party A provides all operational financial support and is responsible for the overall operation of the company, which is the basis of cooperation between the two parties. The following behaviors constitute a fundamental breach of contract:
(1) Party B or Party A violates the non-competition provisions, or leaks, discloses or discloses the company’s technological achievements (including the technology in which Party B has a stake), trade secrets or other intellectual property rights. Let others use it, or use it without authorization for purposes that are not beneficial to the company, causing losses to the company;
(2) Without the consent of Party A, Party B refuses to provide technical guidance or stops technology research and development.
2. Breach of contract treatment
(1) Any party violates the non-competition provisions, or leaks, discloses or allows others to use the company’s technical achievements, trade secrets or other intellectual property rights, Or if it is used without authorization for purposes that are not beneficial to the company, causing losses to the company that are difficult to calculate, the other party shall pay liquidated damages of RMB________ million yuan to the other party, and the other party may terminate the contract at the same time. If it constitutes an infringement on the company, the company also has the right to pursue liability based on _______% of the sales of the infringing product.
(2) If Party B’s investment technology lacks advancement or feasibility in the same industry, or if Party B refuses to provide technical guidance or stops technology research and development without Party A’s consent, Party B must pay Party A 10,000 yuan. Yuan liquidated damages.
14. Intellectual Property
During the cooperation period and within ______ years after withdrawing from the cooperation, Party B shall be responsible for the inventions, utility models, designs and developed products related to the company’s products during the cooperative operation period. and related intellectual property rights are all the company's job results or business secrets, and their intellectual property rights belong to the company. If R&D is conducted in violation of the non-competition, the intellectual property rights of the new results belong to the company.
15. Others
1. The two parties can stipulate matters not covered separately through the "Articles of Association" or signing a supplementary agreement. The "Articles of Association" and the supplementary agreement will take effect together with this agreement. If the provisions of the Articles of Association are different from this Agreement, this Agreement shall prevail. If there is any conflict between the terms of this Agreement and the Supplementary Agreement, the Supplementary Agreement shall prevail.
2. Any disputes arising during the performance of this agreement shall be resolved through negotiation between the two parties. If an agreement cannot be reached, either party may file a lawsuit with the People's Court of ____________.
3. This agreement is made in two copies, with Party A and Party B each holding one copy. It will take effect from the date of signature or seal of both parties.
Party A (signature and seal): _________
Representative (signature): _________
Date of signing: _________year______month______day
Party B (signature and seal): _________
Representative (signature): _________
Signing date: ______year______month______day< /p>
4. How to write a simple version of the shareholding agreement Part 4
Party A: ____________________ Party B: ____________________
ID number: ______________ ID number: ______________
Legal address: ______________ Legal address: ______________
After full consultation, both parties A and B decided to give full play to their respective advantages and support each other, equality, and Under the principle of mutual benefit, *** will jointly introduce funds to develop Party A's limited company project. The following contract is specially formulated and *** will abide by it.
1. Amount of funds introduced:
2. Division of work:
(1) Responsibilities of Party A:
1. Responsible for contact To implement the payment __, it is required to be at the branch level and the president is responsible (the branch can receive the money and the branch operates)
2. Responsible for all expenses incurred in contacting __.
3. Responsible for confirming the payment and co-writing the entrusted loan contract.
4. Responsible for issuing a corporate default guarantee recognized by both parties, including intermediary service fees.
5. Party B is responsible for calculating the intermediary service fee after tax based on % of the actual payment received, and then transfers it to the intermediary service company from Party B.
6. The company is responsible for depositing the company's liquidated damages of 1,570 yuan per day for every 100 million yuan in mobile fees into Party A's own company account. If the company defaults, __ will pay the bank owner from this amount.
7. Responsible for providing relevant information of the company to Party B for confirmation.
(2) Party B’s responsibilities:
1. Responsible for contacting the banker and ensuring that the funds arrive at the receiving bank within the specified time.
2. Responsible for all expenditures before funds are in place.
3. Party B will go to the receiving unit and __ at its own expense to confirm the guarantee for repayment of principal and interest (letter of guarantee) and the power of attorney for collection and payment. The situation of the company and the amount of liquidated damages of the company.
4. The responsible banker will calculate the 6% interest period for the first year after the last batch of funds is transferred.
5. If there is a breach of contract, Party A will be punished according to relevant national laws and compensate Party A for its losses.
3. Shared responsibilities
1. In the spirit of friendship and consultation, both parties will work together to do all the work before attracting investment to ensure the smoothness of the financing contract operate.
2. Party A shall not hinder the allocation of funds obtained by Party B for any reason. If there is a breach of contract, Party A must compensate Party B for all losses caused by legal liability.
3. If Party B introduces false funds, Party B will be responsible for compensation for the losses caused to Party A.
4. Both parties strictly implement the letter of guarantee (letter of guarantee) for repayment of principal and interest and the letter of authorization for collection and payment in accordance with legal principles.
5. This contract is made in _____ copies. It shall be legally binding from the date of signing and must be abided by and implemented effectively. If there is a breach of contract, any issues that both parties cannot resolve by themselves shall be reported to the People's Court for arbitration. .
Party A: _______________ Party B: _______________
Legal representative: _______________ Legal representative: _______________
_____ year _____ month _____ day _ ____year_____month_____day
5. How to write a simple version of the shareholding agreement Part 5
Party A: ______________
Address: ______________
Telephone: ______________
Contact person: ______________
Party B: ______________
Address: ______________ p>
Telephone: ______________
Contact person: ______________
The above parties *** and the investors (hereinafter referred to as "*** and the investors") have negotiated friendly , in accordance with the laws and regulations of the People's Republic of China, the two parties, based on the principle of mutual benefit, regarding the cooperative investment project between Party A and Party B, Party A will receive the ________ equity in its name and participate as a sponsor ( Tentatively named (hereinafter referred to as "________")), the following agreement has been reached and shall be observed by all parties.
Article 1. ***The amount and method of investment from the same investors
1. Party A has fully understood Party B’s business plan and recognized its market prospects, and plans to invest Venture capital and Party B *** jointly start a business.
2. Party A and Party B agree that _________ company (hereinafter referred to as _________) registered by both parties shall be the main investment entity of the project.
3. The total capital contribution provided by Party A to Party B as a venture capital investor (hereinafter referred to as the "Total Capital Contribution") for the operating company is RMB ______ yuan, of which the capital contributions from each party are: Party A's capital contribution Party B is responsible for the market operation and management of the project as the capital contribution, accounting for ________ of the total investment.
4. All parties agree that to participate in the establishment of the company, *** and the investors will hold the total share capital of the company in proportion to: Party A ________, Party B ________.
5. As a co-investor, Party A should transfer the above capital contribution to the designated bank: ________, company account number: ________, and open an account before _________year________month________ OK:________.
Article 2. Profit Sharing and Loss Sharing
1. *** and investors shall share the profits of ***’s investment according to the proportion of their capital contribution to the total capital contribution. ***Loss on the same investment.
2. Each of *** and investors shall bear liability for ***'s investment to the extent of their capital contribution, and *** and investors shall bear liability for the joint stock company to the limit of their total capital contribution.
3. The shares and their breeding organisms formed by *** and the investors’ investment are the exclusive property of *** and the investors, and shall be owned by *** and the investors in proportion to their capital contributions* **have.
4. After the shares invested in a joint-stock company are transferred, each of the investors has the right to obtain property in proportion to their capital contribution.
Article 3. Affairs execution
1. *** and investors entrust Party B to represent all *** and investors to execute the daily affairs of *** and the investment, including but not limited to Not limited to
(1) During the initiation and establishment stage of a joint-stock company, exercise and perform the rights and obligations as the promoter of a joint-stock company.
(2) After the joint-stock company is established, exercise its rights as a shareholder of the joint-stock company and perform corresponding obligations.
(3) Collect the interest generated from the *** investment and dispose of it in accordance with the relevant provisions of this agreement.
2. Other investors have the right to inspect the execution of daily affairs, and Party B is obliged to report the operating status and financial status of the same investment to other investors.
3. The income generated by Party B’s execution of the *** investment firm belongs to all *** investors, and the losses or civil liabilities incurred shall be borne by *** investors.
4. Party B shall be liable for compensation if its negligence or failure to comply with this agreement causes losses to other co-investors during the execution of affairs.
5. The following matters concerning ***’s investment must be approved by all ***’s investors.
(1) Transfer ***’s shares invested in ________ Co., Ltd.
(2) Pledge the above-mentioned shares.
(3) Change the executor of the transaction.
Article 4. Transfer of investment
1. *** Co-investor transfers all of its investment in *** Co-investor to a person other than *** Co-investor If the capital contribution is partial or partial, the consent of all investors must be obtained.
2. When all or part of the investment amount in a mutual investment is transferred between *** and other investors, the other mutual investors shall be notified.
3. If a co-investor transfers his capital contribution in accordance with the law, other co-investors shall have priority to receive the transfer under the same conditions.
Article 5. Other rights and obligations
1. Party A and other *** co-investors shall not privately transfer or dispose of shares invested by ***.
2. ***The same investors shall not transfer their shares and capital contributions within _________ years from the date of registration of ________ Co., Ltd.
3. After ________ Co., Ltd. is established, no single investor shall withdraw the capital contribution from the joint investment.
4. After the company is established, both parties A and B need to continue to cooperate in operating investments according to the operating conditions, share the profits of ***'s common investment, share the losses of ***'s common investment, and pay Party B monthly as a project The salary of the market operation manager is used as remuneration. The amount of salary shall be negotiated by both parties.
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. If Party A breaches the contract and causes losses to other co-investors, it shall bear the liability for breach of contract to other co-investors with the above-mentioned property.
Article 7, Others
1. Matters not covered in this agreement shall be signed separately by *** and the investors after consultation and agreement.
2. This agreement will come into effect after it is signed and sealed by all shareholders and investors. This agreement is made in _________ copies, and *** and the investors each hold _________ copies.
Party A (signature): ________
Place of signing: ________
Date of signing: _________year________month________day
Party B (Signature): ________
Signing place: ________
Signing time: _________year________month________day
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