Model II of Cooperation Agreement for Nursing Homes According to the Partnership Enterprise Law of People's Republic of China (PRC) and its relevant regulations, in line with the principle of * * * contributing capital, operating in partnership, * * * enjoying benefits and * * * taking risks, on the basis of voluntariness, equality, fairness, honesty and credit, all partners sign the following agreement, which * * * will abide by jointly.
1. Name and main business place of the partnership.
Enterprise Name: Sunset Red Nursing Home (General Partnership)
Place of business: No.007, Beibeishan Road, Mengniu District, Guangming City
Term of partnership: ten years
Second, the purpose of the partnership and the business scope of the partnership.
Purpose of partnership: to serve the society, further carry forward the fine tradition of respecting the elderly and help the elderly spend their old age safely. Scope of business: providing comprehensive services such as life, nursing and life care for the elderly. Name and address of the partner.
Name, ID number and address of partner:
Zhu Ziheng 320322XXXXXXXXXXXX Room 806, Building 4, Gourmet Garden, Beibeishan Road, Mengniu District, Guangming City
Tang 322333XXXXXXXXXXXX Room 906, Building 4, Gourmet Yayuan, Beibeishan Road, Mengniu District, Guangming City
He Wei 325366XXXXXXXXXXXX Room 706, Building 4, Gourmet Garden, Beibeishan Road, Mengniu District, Guangming City
Hou Shuai 333234 XXXXXXXXXXX1106 Building 4, Gourmet Yayuan, Beibeishan Road, Mengniu District, Guangming City
Four. The mode, amount and time limit of capital contribution of the partners.
1. Partner: Zhu Ziheng
Rmb 50,000 is contributed in cash and RMB 0/50,000 in house price, totaling RMB 200,000, accounting for 65,438+05% of the contribution.
The first paid-in monetary contribution is 20,000 yuan, and the appraised price is150,000 yuan, which shall be paid before the application for registration of partnership establishment, and the remaining subscribed capital contribution shall be paid in full within two months from the date of obtaining the business license.
2. Partner: Tang
Monetary contribution150,000 yuan and automobile contribution150,000 yuan, totaling 300,000 yuan, accounting for 25% of the total contribution.
The first paid-in monetary contribution100,000 yuan, truck100,000 yuan shall be paid before applying for registration of the establishment of the partnership, and the remaining subscribed contributions shall be paid in full within two months from the date of obtaining the business license.
3. Partner: He Wei
500,000 yuan was contributed in cash, accounting for 45% of the contribution.
The first paid-in contribution of RMB 300,000.00 Yuan shall be paid before the application for registration of the establishment of the partnership, and the remaining subscribed contributions shall be paid in full within three months from the date of obtaining the business license.
4. Partner: Hou Shuai
The monetary contribution is 200,000 yuan, accounting for 65,438+05% of the contribution.
The first paid-in capital contribution of100,000 yuan shall be paid before applying for the registration of the establishment of the partnership, and the remaining subscribed capital contributions shall be paid in full within two months from the date of obtaining the business license.
Verb (abbreviation of verb) profit distribution and loss sharing method
Profit distribution: based on the paid-in capital contribution of each partner, it will be distributed in proportion.
Loss sharing: the partnership debt shall be paid off in priority by the partnership property. If the partnership property is insufficient to pay off, it shall be borne in proportion to the paid-in capital contribution of each partner.
Implementation of partnership affairs with intransitive verbs.
All partners decide to entrust He Wei as the executor of partnership affairs, and other partners will no longer perform partnership affairs. The partners who execute the partnership affairs represent the enterprise externally, and the income generated from the execution of the partnership affairs belongs to the partnership enterprise, and the expenses and losses generated shall be borne by the partnership enterprise. The partner who does not execute the transaction has the right to supervise the partner who executes the transaction, check the implementation of the partnership affairs and the operation and financial status of the partnership enterprise, and have the right to consult the account books.
The following matters must be unanimously agreed by all partners:
(1) Change the name of the partnership.
(2) Changing the business scope and the location of the main business premises of the partnership.
(3) Disposing of the real estate of the partnership enterprise.
(4) Transferring or disposing of the intellectual property rights and other property rights of the partnership.
(5) Providing guarantee for others in the name of partnership.
(6) employing persons other than the partners as the management personnel of the partnership enterprise.
(7) Increase or decrease the capital contribution to the partnership enterprise.
(8) Entrusting one or more partners to perform partnership affairs on behalf of the partnership.
(9) Amending the partnership agreement.
(10) New partners join.
Other matters shall be passed by one person, one vote and more than half of all partners.
7. Joining and quitting.
1, admitted
(1) When a new partner joins the partnership, all partners must agree and conclude a written agreement according to law;
(2) When concluding a written agreement, the original partner shall truthfully inform the new partner of the operating status and financial status of the original partnership;
(3) The new partner enjoys the same rights and assumes the same responsibilities as the original partner;
(4) The new partner shall bear unlimited joint and several liability for the debts of the partnership enterprise before the occupation.
Step 2 quit the partnership
In any of the following circumstances, the partners may withdraw from the partnership:
(1) Withdraw from the partnership with the consent of all partners;
(two) it is difficult for partners to continue to participate in the partnership;
(3) Other partners seriously violate the obligations stipulated in the partnership agreement.
One of the following circumstances, of course, quit:
(1) The natural person as a partner dies or is declared dead according to law;
(2) Being declared as having no capacity for civil conduct according to law;
(three) the individual loses the ability to pay off debts;
(4) All the property shares of the partners in the partnership enterprise are enforced by the people's court;
Under any of the following circumstances, with the unanimous consent of the other partners, it may be decided to remove the name:
(1) fails to fulfill the obligation of capital contribution;
(2) Causing heavy losses to the partnership enterprise due to intentional or gross negligence.
(3) There is misconduct in the execution of partnership affairs;
The resolution on the removal of a partner shall be notified in writing to the removed celebrity. The expulsion takes effect on the day when the expelled celebrity receives the expulsion notice, and the expelled celebrity withdraws from the partnership. If the removed celebrity refuses to accept the resolution of removal, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice of removal.
The quitter shall bear unlimited joint liability for the debts of the partnership caused by the reasons before his withdrawal.
Upon the decision of all partners, the share of the partners' property in the partnership can be returned in cash or in kind.
When a partner withdraws from the partnership, if the partnership property is less than the partnership debt, the withdrawing partner shall bear the debt in proportion based on the paid-in capital contribution.
Eight. Dispute settlement method
Disputes arising from the performance of the partnership agreement by partners may be settled through consultation or mediation. Unwilling to settle the dispute through negotiation or mediation, or if negotiation or mediation fails, you may apply to an arbitration institution for arbitration. If the arbitration fails, a lawsuit may be brought to the people's court.
Nine. Dissolution and liquidation of partnership enterprises
A partnership enterprise shall be dissolved under any of the following circumstances:
(1) When the partnership term expires, the partners decide not to operate any more;
(2) The reasons for dissolution agreed in the partnership agreement appear;
(3) All partners decide to dissolve;
(4) The partners have not reached the quorum for 30 consecutive days;
(5) The partnership purpose stipulated in the partnership agreement has been achieved or cannot be achieved;
(6) The business license is revoked, ordered to close down or revoked according to law;
(seven) other reasons stipulated by laws and administrative regulations.
Liquidation shall be conducted after the dissolution of the enterprise. During the liquidation period, notify and announce the creditors. The liquidator shall be borne by all the partners, or a third party may act as the liquidator with the consent of more than half of all the partners. After the liquidation, the liquidator shall prepare a liquidation report, which shall be signed and sealed by all partners, and submitted to the enterprise registration authority within 15 days to apply for cancellation of the registration of the partnership enterprise.
At the time of liquidation, the liquidator shall perform the following affairs during the liquidation period:
(1) Clean up the partnership property, and prepare the balance sheet and property list respectively.
(2) Handling the unfinished business of the partnership related to liquidation.
(3) Pay the taxes owed.
(4) Clearing up creditor's rights and debts.
(5) disposing of the remaining property of the partnership after paying off its debts.
(six) to participate in litigation or arbitration activities on behalf of the partnership.
X. liability for breach of contract
If the partner violates this agreement and causes losses to the enterprise, the breaching party shall compensate, and the specific amount of compensation shall be decided by the partners through consultation according to the size of the losses.
XI。 any other business
(1) This Agreement is made in quintuplicate, one for each partner and one for the partnership enterprise registration authority.
(2) Matters not covered in this agreement shall be implemented in accordance with relevant state regulations.
Signature and seal of all partners:
date month year
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