It is necessary to sign it, because it not only involves interests, but also is related to the law. Future profit distribution will be determined by the contract. Oral narratives have no legal effect. If there are economic conflicts in the future, it will be very serious. Troublesome! ! ! So a contract is necessary.
Just go to the law firm to give a rough testimony.
Partnership contract (partnership) is a contract in which two or more people agree to contribute capital to each other to operate the same business. Partnership originated from family ownership, that is, brothers did not want to spread their financial resources and jointly operated the old business left by their fathers. Therefore, partnership is an ancient way of joint operation. In ancient Roman law, there were quite clear provisions on the nature of partnership and the rights and obligations of partners. With the development of the economy, partnerships have developed from family partnerships to alliances of business owners to expand business scale, adapt to competition and increase profits. Partnerships have formed a further business model than sole proprietorships and are often used by small and medium-sized enterprises in various countries. use. The relevant provisions of Roman law are also followed by countries in the civil law system. A business established on the basis of a partnership contract is called a partnership.
Characteristics of partnership contract ① Partners must contribute capital together. Including partners only providing services or skills but not funds, but one of the three must be funds, services or skills. ② Partners must participate in the operation and management of the partnership; those who only provide funds but do not participate in the operation and management of the partnership cannot become partners. ③The partners must have the same economic purpose, otherwise the partnership contract cannot be concluded. This is one of the significant differences between a partnership contract and a contract generally based on property relations. ④ Partners have joint and unlimited liability. The nature of partnership property is basically that of the same person. Partnership property includes capital contributions and property acquired during operations.
Rights and obligations of partners ① Partnership property does not belong to individual partners, but to all partners. Therefore, the handling of partnership affairs should be decided unanimously by the partners. During the existence of the partnership, the partners have no right to dispose of their share of the partnership property. However, a partner's rights in a partnership may be transferred to another person with the consent of the other partners. ②Partnership debts are first repaid with partnership assets. When the partnership assets are insufficient to pay off the debt, the shortfall will be paid off with the partners' other properties. When the debt is paid off with the partners' other properties, each partner will share in proportion to their share of the capital contribution. ③For partnership debts, partners are jointly and severally liable. ④Partners may withdraw from the partnership for legitimate reasons. If other partners believe that immediate withdrawal is detrimental to the partnership, they may also request the partner who proposes to withdraw to postpone the withdrawal. Otherwise, the withdrawing partner will be liable for the resulting losses.
The "General Principles of the People's Republic of China and Civil Law" on individual partnerships mainly include: the partnership contract shall be a written agreement; the debts of the partners to the partnership shall be settled in accordance with the proportion of capital contribution or the agreement in the agreement. The property shall be liable for repayment and shall be jointly and severally liable, unless otherwise provided by law. A partner who repays partnership debts in excess of his share shall have the right to seek repayment from other partners.