In today's society, agreement plays an increasingly important role, which has played a positive role in the performance of bilateral affairs. You didn't even know when you drafted the agreement? The following is my collection of cooperation agreements between enterprises and restaurants for your reference, hoping to help friends in need.
Cooperation Agreement between Enterprise and Restaurant 1 Party A:
ID number:
Contact information:
Party B:
ID number:
Contact information:
Party C:
ID number:
Contact information:
According to the Company Law of People's Republic of China (PRC) and other laws and regulations of China, the investor follows the principle of voluntariness and consensus, and jointly establishes a catering company with independent legal personality with * *.
I. Basic information of the company
Name of the joint venture project: _ _ _ _ _ _ _ _ _ (hereinafter referred to as the company).
Company address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. The company is a limited liability company, and the company is liable for its debts with all its assets.
Three. The business scope of the company is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
4. The operating period of the company is _ _ _ _ years, counting from the date of approval and registration of the company.
From _ _ _ _ _ _ _ _ to _ _ _ _ _ _ _.
Verb (abbreviation of verb) investment capital and investor
The investment capital of the Company is RMB _ _ _ _ _ _ _ _ _ _,
The rights and obligations of investors with intransitive verbs.
1. Investors enjoy the following rights:
(1) Attend the shareholders' meeting and exercise voting rights in proportion to the capital contribution;
(2) Electing and being elected as directors and supervisors;
(3) Consult the minutes of the shareholders' meeting and the company's financial and accounting reports;
(4) Distributing dividends according to the proportion of capital contribution;
(5) Divide the distributable assets of investors after the liquidation of the company in proportion;
(6) Transferring capital contribution according to the articles of association;
(seven) other rights stipulated by laws and regulations.
2. Obligations of investors:
(1) Acknowledge and abide by the Articles of Association;
(2) Pay the subscribed capital contribution in full and on time;
(3) After the company is established according to law, it shall not withdraw its capital;
(4) Be responsible for the company to the extent of its capital contribution;
(5) Keep the company's internal operation mode and business secrets;
(6) Abide by laws and regulations and company rules and regulations.
Seven, the funds in place and accounting agreement
1. The first phase of funds is in place: Party A and Party B will pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Receipt of the second phase funds: within _ _ _ days after the receipt of the first funds by Party A and Party B or before the opening date of the store agreed by both parties, the total investment of the investment budget will be remitted to the account designated by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
8. All additional investment funds not listed in the investment budget before the operation of the store will be included in the total investment funds of the store, which will be paid to the account designated by Party A within _ _ _ days before the normal operation of the store.
Nine, organization and management
1. The highest authority of the company is the shareholders' meeting, which is composed of all investors. In order to better manage the store, on the basis of mutual consultation with Party A, Party A's operators are hired to manage the store.
2. The rights, obligations and rules of procedure of directors and supervisors shall be stipulated in the articles of association.
X. Company's financial and accounting system
The Company establishes its financial and accounting systems in accordance with laws, administrative regulations and the provisions of the competent financial department of the State Council.
XI。 The company prepares financial and accounting reports every month, which are examined and verified according to law, and the profits in the second or third month are distributed to the contributing shareholders. Financial and accounting reports shall include financial and accounting statements and schedules:
1, balance sheet;
2. Income statement;
3. Statement of financial position (provided when there are changes).
12. Hire Party A to conduct monthly accounting on its operating results, and charge a certain operating management fee and reward investors for operating results according to the specific operating results, and calculate and pay according to the following methods:
1. _ _ _% of Party A's monthly net profit shall be regarded as Party A's operation and management expenses.
2. When the net profit of the store is more than RMB _ _ _ _ _ million (inclusive), Party A will not only charge _ _% of the current month's profit for operation and management, but also reward Party A with the excess as _ _ _% of the profit.
3. Operating expenses are included in the operating costs of the current month.
Thirteen, during the operating period, if there are profits and losses, they are all borne by the same investment ratio.
Fourteen Dispute resolution method
Any dispute arising from the performance of this contract between Party A and Party B shall be settled through friendly cooperation. If negotiation fails, both parties agree to submit it to the people's court.
15. This agreement shall come into effect after being signed by all investors, and each investor shall hold _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party A (signature or seal):
Legal representative:
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (signature or seal):
Legal representative:
Party C (signature or seal):
Legal representative:
Cooperation agreement between enterprises and hotels II. ：
Party A:
Party B:
According to the relevant provisions of the Contract Law of People's Republic of China (PRC) and the Partnership Law of People's Republic of China (PRC), Party A and Party B have reached the following cooperation agreement on the catering business through friendly negotiation, and promised to abide by it together.
Article 1 Name and business place of cooperation
1, restaurant name:
2. Main place of business:
3, business projects and scope:
Article 2 Term of partnership
1, from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. After the expiration, if both parties still need to operate in partnership, the agreement can be renewed.
Article 3 Mode of capital contribution
1. Party A makes a contribution in the form of _ _ _ _ _ _, and * * is RMB _ _ _ _ _, accounting for _ _ _ _ _ _ _ _ _ _.
2. Party B made a contribution in the form of _ _ _ _ _ _ _, RMB * *, accounting for _ _ _ _ of the total contribution.
3. The capital contribution of each partner shall be paid in full before _ _ _ _ _.
4. The contribution of this partnership is RMB _ _ _ _. During the partnership, the capital contribution of each partner is * * * property, and it is not allowed to ask for division at will. 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 4 Profit distribution and loss sharing
1. Profit distribution: based on _ _ _ _ _ _ _ _.
2. Debt commitment: the partnership debt shall be paid in priority with the partnership property. If the partnership property is insufficient to pay off, it shall be borne in proportion based on _ _ _ _ _ _ _ _.
Article 5 Access, Withdrawal and Transfer of Capital Contribution
1, admitted
(1) The new partner must obtain the consent of all partners, acknowledge and sign this partnership agreement.
(2) Unless otherwise agreed in the admission agreement, the new partner who joins the partnership 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.
Step 2 quit the partnership
(1) During the operation of the partnership, the partners may withdraw from the partnership under any of the following circumstances:
(1) The reasons for withdrawing from the partnership agreement appear.
② Withdraw from the partnership with the consent of all partners.
③ It is difficult for partners to continue to participate in the partnership.
(2) If a partner has any of the following circumstances, he will of course quit:
(a) dead or declared dead according to law.
(2) Being declared as a person without civil capacity according to law.
(3) The individual loses solvency.
(4) Other reasons stipulated in the partnership agreement.
(3) In any of the following circumstances, a partner may be removed by resolution with the unanimous consent of the other partners:
① Failure to fulfill the obligation of capital contribution.
(2) Causing losses to the partnership enterprise due to intentional or gross negligence.
(3) misconduct in the execution of partnership affairs.
(4) Other reasons stipulated in the partnership agreement.
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 person other than a partner, the third person shall be regarded as a partner, otherwise the transferor shall be regarded as a partner. A third party other than a partner who receives a share of the partnership property shall become a partner of the partnership after amending the partnership agreement.
Article 6 continuation of partnership
In the case of withdrawing from 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, or they can choose to recruit new partners to join the business.
Article 7 The person in charge of the partnership and the execution of partnership affairs
1. All partners * * * are engaged in partnership affairs. (Suitable for small-scale cooperation)
2. According to the agreement of the partnership agreement or the decision of all partners, _ _ _ _ _ _ _ _ _ is entrusted as the person in charge of the partnership enterprise, and its functions and powers are:
(1) Conduct foreign business and sign contracts.
(two) the daily management of the partnership.
(3) selling the products (goods) of the partnership enterprise and purchasing common goods.
(4) Paying off the partnership debts.
Article 8 Rights and obligations of partners
1. Management, decision-making and supervision of partnership affairs. The business activities of a partnership are decided by the partners * * *, and everyone has the right to vote no matter how much capital is contributed.
2. Partners have the right to distribute the benefits of the partnership.
3. Partners shall distribute the interests of the partnership according to the proportion of capital contribution or the contract, and the accumulated property of the partnership shall be owned by the partners.
4. Partners have the right to quit.
5. Maintain the unity of partnership property according to the partnership agreement.
6. Be jointly and severally liable for the partnership debts.
Acts prohibited by Article 9
1. Without the consent of both parties, it is forbidden for any partner to conduct business activities in the name of partnership without permission. If the benefits thus obtained belong to a partnership, the losses caused shall be compensated according to the actual losses.
2. Partners are prohibited from engaging in businesses that compete with the partnership.
3. It is forbidden for partners to mortgage, lease, transfer or sell the hotel operated by the partnership unilaterally.
4. Partners shall not engage in activities that harm the interests of the partnership.
5. If a partner violates the above provisions, it shall compensate for the losses caused to the other party.
Article 10 Termination of the Contract
1. The partnership term expires.
Both parties agree to terminate the cooperative relationship.
3. The purpose of partnership cannot be achieved.
4. The partnership enterprise is revoked in violation of mandatory provisions of the law.
Article 11 dissolution and liquidation
1. This enterprise is dissolved according to law, which makes the partnership enterprise unable to survive, the partnership agreement is terminated, and the partnership relationship of partners is eliminated.
2. When an enterprise is dissolved and terminates its business qualification, it shall not engage in business activities, but only engage in some activities related to liquidation activities.
3. After the dissolution of the enterprise, the liquidator shall clean up and pay off the property, creditor's rights and debts of the enterprise, handle all outstanding affairs, and notify and announce the creditors.
4. 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, and the partners or other interested parties may apply to the people's court for the appointment of the liquidator.
5. After the liquidation, the liquidator shall prepare a liquidation report, which shall be signed and sealed by all the partners, and submitted to the enterprise registration authority within 15 days for cancellation of the enterprise registration.
6. 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, the taxes owed by the partnership, the debts of the partnership and the capital contribution returned to the partners.
7. If there is any surplus after settlement, it shall be distributed according to the method in Paragraph 1 of Article 5 of this Agreement.
8. If the partnership suffers losses during the liquidation period and the partnership property is insufficient to pay off, it shall be handled in accordance with the second paragraph of Article 5 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 12 Liability for breach of contract
1. If the partner fails to pay the capital contribution in full and on time, it shall compensate the losses caused to other partners. If the capital contribution has not been paid in full after 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, his behavior is invalid, or if he withdraws from the partnership and causes losses to other partners, he 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. If a partner violates the provisions of Article 8, he shall be compensated according to the actual losses of the partnership to discourage disobedience, and all partners may decide to be removed.
Article 13 Dispute settlement
Any dispute arising from or related to this agreement shall be settled by both parties through consultation. If negotiation fails, either party may bring a lawsuit to the people's court in the place where this contract is signed.
Article 14 Others
1. This agreement is made in duplicate, with each party holding one copy.
2. This agreement shall come into effect after being signed or sealed by all partners.
Signature of Party A's Representative: (Seal)
ID number:
Telephone:
Signature of Party B's Representative: (Seal)
ID number:
Telephone: