?When we go through the transfer procedures, one of the key steps is to sign a contract. What standard transfer contracts are worth learning from? The following is the "Equity Transfer Agreement between Individuals 2022 (Collection of 5 articles)" that I have collected and compiled for you. You are welcome to collect and refer to it. I hope it will be helpful to you. Equity Transfer Agreement between Individuals 2022 (Collection of 5 articles) (Part 1)
?Transferee: (hereinafter referred to as Party A)
?Residence:
?ID card number:
?Contact number:
?Transferee: (hereinafter referred to as Party B)
?Residence:
?ID card number:
?Contact number:
?______ enterprise was established in ______ on ____ month ____ of ______ year, with a registered capital of RMB ______ ten thousand yuan. Party A occupies ______enterprise______% of the property rights and related rights and interests of the company. Party A is willing to transfer its property rights and related rights and interests of ______enterprise______% to Party B, and Party B is willing to accept the transfer. Now, Party A and Party B, in accordance with the provisions of the "Sole Proprietorship Law of the People's Republic of China" and the "Contract Law of the People's Republic of China" and through consensus, have reached the following agreement on the transfer of the overall property rights and related rights and interests of the enterprise. :
?Article 1 Equity Transfer
?1. Party A agrees to transfer its equity in the company, that is, ______% of the company’s registered capital, to Party B, and Party B agrees to the transfer .
?2. The equity that Party A agrees to sell and Party B agrees to purchase includes all the incidental interests and rights under the equity, and the above-mentioned equity is clean equity, that is, the equity does not have any (including but Without limitation) liens, mortgages and other third party interests or claims.
?3. After the agreement takes effect, Party A will not assume any responsibility or obligation for the company's operation and management, creditor's rights and debts.
?Article 2 Equity Transfer Price and Payment Method
?1. Party A agrees to pay in RMB (the following currencies are the same) ______ in accordance with the conditions stipulated in this contract Yuan transfers ______% of its equity in the company to Party B, and Party B agrees to transfer the equity at this price.
?2. Party B agrees to pay the corresponding price to Party A in the following manner:
?Party B agrees to pay Party A ______ yuan on the date of signature of this contract; After both parties complete the registration of the change of contractor, Party B shall pay Party A the remaining price of ______ yuan.
?Article 3 Statement of Party A
?1. Party A is the sole owner of the equity transferred in Article 1 of this Agreement;
?2. As a shareholder of the company, Party A has fully fulfilled its obligation to contribute the company’s registered capital;
?3. From the effective date of this agreement, Party A will completely withdraw from the company’s operations and no longer participate in the company’s property and profits. distribute.
?Article 4 Statement of Party B
?1. Party B shall be responsible for the company to the extent of its capital contribution;
?2. Party B acknowledges and implements the company’s modifications
?3. Party B guarantees to pay the price in accordance with the method stipulated in Article 2 of this contract.
?Article 5: Burden of expenses related to equity transfer
?Both parties agree that the relevant expenses incurred in handling the equity transfer procedures agreed in this contract shall be borne by the ______ party.
?Article 6: The rights and obligations of shareholders include the bearing of the company’s profits and losses (including claims and debts)
?1. From the effective date of this agreement, Party B actually exercises its rights as a shareholder of the company rights and perform corresponding shareholder obligations. When necessary, Party A shall assist Party B in exercising shareholder rights and performing shareholder obligations, including signing relevant documents in the name of Party A.
?2. From the effective date of this agreement, Party B will share profits and risks and losses in accordance with the law in accordance with the proportion of its equity holdings.
?Article 7 Modification and Termination of the Agreement
?This Agreement may be modified or terminated when one of the following circumstances occurs, but both Party A and Party B need to sign a modification or termination agreement.
?1. This agreement cannot be performed due to force majeure or external factors that cannot be prevented without the fault of one party;
?2. One party loses the ability to actually perform the contract;
? p>
?3. Due to one party's breach of contract, the economic interests of the other party have been seriously affected, making the performance of the contract unnecessary;
?4. Due to changes in circumstances, both parties have agreed through negotiation; < /p>
5. Other changes or termination of the agreement stipulated in the contract occur.
?Article 8 Liability for breach of contract
?1. If one party to the agreement fails to perform or seriously violates any terms of this agreement, the breaching party must compensate the non-breaching party for all economic losses.
Unless otherwise provided in the agreement, the non-breaching party also has the right to request the termination of this agreement and to seek compensation from the breaching party for all economic losses suffered by the non-breaching party.
?2. If Party B fails to pay the equity price on time in accordance with Article 2 of this contract, for each day of delay, a late payment fee shall be paid at the rate of ______% of the delayed part of the price. After Party B pays late payment fines to Party A, if Party B's breach of contract causes losses to Party A that exceed the amount of late payment fines, or Party B's breach of contract causes other damages to Party A, this shall not affect Party A's right to claim compensation for the excess or other damages.
?Article 9 Confidentiality Clause
?1. Without the written consent of the other party, neither party shall disclose to other third parties any business secrets or related information learned during the performance of the agreement. information, and shall not disclose the contents of this Agreement and related archive materials to any third party. Except where disclosure is required by laws and regulations.
?2. The confidentiality clause is an independent clause. This clause is valid regardless of whether this agreement is signed, changed, terminated or terminated.
?Article 10 Dispute Resolution Clause
?All disputes arising from or related to the performance of this agreement between Party A and Party B shall be settled through friendly negotiation. If negotiation fails, either party has the right to resolve the dispute in the following ______ way:
?1. Submit the dispute to the ______ Arbitration Commission for arbitration in accordance with the arbitration rules currently in effect at the time of submission for arbitration. Arbitrate. The arbitration award is final and binding on both parties.
?2. Each party shall sue to the local people’s court.
?Article 11 Effective Terms and Others
?1. This Agreement shall take effect on the date it is signed and sealed by Party A and Party B.
?2. After this agreement takes effect, if one party needs to modify this agreement, it must notify the other party in writing ten working days in advance, and sign a supplementary agreement after both parties reach a written consensus. The supplementary agreement has the same effect as this agreement.
?3. Any unfinished matters during the implementation of this agreement shall be resolved by Party A and Party B in a friendly and practical manner. If both parties reach consensus, a supplementary agreement will be signed. The supplementary agreement has the same effect as this agreement.
?4. The formation, validity, interpretation, termination and resolution of disputes of this agreement shall be governed by the relevant provisions of the laws of the People's Republic of China.
?5. Party A and Party B should cooperate with the company to handle the approval procedures for shareholder changes as soon as possible and handle the corresponding industrial and commercial change registration procedures.
?6. This agreement is made in quadruplicate, with Party A and Party B each holding one copy, ______ enterprise filing one copy, and the industrial and commercial registration authority having the same legal effect.
Transferor (Party A):
Year, Month, Day
Transferee (Party B):
?Year?Month?Date 2022 Equity Transfer Agreement between Individuals (Collection of 5 articles) (Part 2)
?Transferee (Party A):
?Address:
?Transferee (Party B):
?Residential address:
?______ Company (hereinafter referred to as the company) on ______ year____month____ It was established in ______ city on 2011-07-06 and is jointly operated by Party A and ______. The registered capital is RMB ______ million yuan, of which Party A holds ______% equity. Party A is willing to transfer ______% of its equity in the company to Party B, and Party B is willing to accept the transfer. Now, Party A and Party B, in accordance with the provisions of the "Company Law of the People's Republic of China" and the "Contract Law of the People's Republic of China", have reached the following agreement on the transfer of equity through consensus through consultation.
?1. Price of equity transfer and payment term and method of transfer money
?1. Party A occupies ______% of the company’s equity. According to the original company’s articles of association, Party A The investment should be RMB ______ million yuan, but the actual investment was RMB ______ million yuan. Party A now transfers its ______% equity interest in the company to Party B for RMB ______ million yuan.
?2. Party B shall pay the equity transfer payment to Party A in ______ times (or once) by bank transfer according to the amount specified in the preceding paragraph within ______ days from the effective date of this agreement. .
?2. Guarantee
?1. Party A guarantees that it has full disposal rights for the equity it intends to transfer to Party B, that the equity is not pledged, and that the equity has not been seized. , and be protected from third party recourse, otherwise Party A shall bear all economic and legal liabilities arising therefrom.
?2. After Party A transfers its shares, its original rights and obligations in ______ company will be transferred to Party B with the transfer of shares.
?3. Party B acknowledges ______ the company’s Articles of Association and guarantees to perform its obligations and responsibilities in accordance with the Articles of Association.
?3. Rights and Obligations
?1. Party A must provide Party B with proof of its capital contribution or a ______ company shareholder status sheet issued by the industrial and commercial administration department.
?2. Party A must provide the resolution of the shareholders' meeting to Party B after it is approved by more than two-thirds of the shareholders of the ______ company's shareholders' meeting.
?3. Party A is responsible for handling the industrial and commercial change registration involved in this equity transfer.
?4. Party B must pay the equity transfer price in a timely manner in accordance with the provisions of the contract. Otherwise, for each day of delay, the overdue payment penalty will be calculated based on ______% of the total equity transfer price per day.
?4. Sharing of the company's profits and losses (including credits and debts)
?1. After this agreement comes into effect, Party B will share the company's profits in proportion to the transferred equity, and share corresponding risks and losses.
?2. If Party A fails to truthfully inform Party B of the debts borne by the company before the equity transfer when signing this agreement, causing Party B to suffer losses after becoming a shareholder of the company, Party B has the right to Recover compensation from Party A.
?5. Burden of expenses
?Relevant expenses incurred in the process of this equity transfer (such as notarization, evaluation or audit, industrial and commercial change registration, etc.) shall be borne by _____ _bear.
?6. Change and termination
?When one of the following circumstances occurs, the contract can be changed or terminated, but both parties must sign a written change or termination of the contract.
?1. This contract cannot be performed due to force majeure or external causes that one party cannot prevent although it is not at fault.
?2. One party loses the ability to actually perform the contract.
?3. Due to the breach of contract by one or both parties, the economic interests of the non-breaching party are seriously affected, making the performance of the contract unnecessary.
?4. Due to changes in circumstances, both parties agree to change or terminate the contract through negotiation.
?7. Dispute Resolution Method
?Any dispute arising out of or related to this Agreement shall be settled through friendly negotiation between Party A and Party B. If the negotiation fails, the dispute may be settled in accordance with The following ______ ways to solve the problem:
?1. Bring a lawsuit to the people's court with jurisdiction.
?2. Submit arbitration to ______ Arbitration Committee
?8. Effectiveness and others
?1. This agreement has been approved by the ______ company’s shareholders’ meeting It will take effect after being agreed and signed by all parties.
?2. This agreement is in ______ form______ copies. Party A and Party B each hold ______ copies. The company has ______ copies on file and the industrial and commercial registration authority has ______ copies. All have the same legal effect.
?Party A (signature or seal):
?___year___month___day
?Party B (signature or seal ):
?___Year___month___Equity Transfer Agreement between Individuals 2022 (Collection of 5 articles) (Part 3)
?Transferor (Party A) ):
?ID card number:
?Current place of residence:
?Transferee (Party B):
?Identity Certificate number:
?Current place of residence:
?After friendly negotiation, both parties A and B have negotiated related matters regarding the transfer of the equity of ______ limited liability company held by Party A to Party B. , reached the following agreement in order to abide by it:
?1. Transfer of equity
?1. The transferor (Party A) transfers to the transferee (Party B) ______ Co., Ltd. ______% equity, the transferee agrees to accept it.
?2. Party A shall handle or provide the resolution and other documents required for this equity transfer by the original company shareholders agreeing to this equity transfer before signing this agreement.
?2. Commitments and Statements
?1. This transfer is a free transfer without consideration.
?2. Party A and Party B promise that each party has obtained approval and authorization from the relevant competent authorities and shareholders’ meeting for this equity transfer.
?3. Handling of related matters
?1. After this agreement comes into effect, both parties A and Party A shall, together with the company, go to the relevant departments of industry and commerce with this agreement and relevant legal documents. Handle changes in registration, filing and other matters.
?2. After the transferee receives the above equity, the new shareholders will make corresponding modifications and improvements to the articles of association, agreements and other relevant documents entered into when the original company was established, and go through the change registration procedures.
?3. The company’s claims and debts before and after the equity transfer shall be borne by the company in accordance with the law. If the shareholders are legally responsible for compensation or joint liability, the new shareholders shall bear the corresponding liabilities. The personal claims and debts of the transferor shall still be enjoyed or borne by the transferor.
?4. After the equity transfer, the transferee enjoys shareholder rights and assumes shareholder obligations according to its equity ratio in the company; the transferor loses its shareholder status and shareholder rights.
?4. Change and termination of the agreement
?This agreement can be changed or terminated when one of the following circumstances occurs, but both parties A and B need to sign a change or termination agreement.
?1. This agreement cannot be performed due to force majeure or external causes that one party cannot prevent despite no fault of the party.
?2. One party loses the ability to actually perform the contract.
?3. Due to the breach of contract by one party, the economic interests of the other party are seriously affected, making the performance of the contract unnecessary.
?4. Due to changes in circumstances, both parties agreed after negotiation.
5. Other changes or termination of the agreement as stipulated in the contract occur.
?5. Liability for breach of contract
?If one party to the agreement fails to perform or seriously violates any terms of this agreement, the breaching party must compensate the non-breaching party for all economic losses. Unless otherwise provided in the agreement, the non-breaching party also has the right to request the termination of this agreement and to seek compensation from the breaching party for all economic losses suffered by the non-breaching party.
?6. Dispute Resolution
?If any dispute arises due to the performance of this contract, both parties shall resolve it through friendly negotiation. If negotiation fails, either party may file a lawsuit in the People's Court or submit the dispute to the ______ Arbitration Commission for arbitration in accordance with the arbitration rules currently in effect at the time of submission for arbitration. The arbitration award is final and binding on both parties.
?7. Effective terms and others
?1. This agreement will take effect on the date it is signed and sealed by Party A and Party B.
?2. There are ______ originals of this agreement in ______ form, Party A and Party B each hold ______ copies, the company has ______ copies on file, and the industrial and commercial registration authority has ______ copies, which have the same legal effect. .
Party A (signature or seal):
Year, month, day
Party B (signature or seal):
?Year?Month?Day Equity Transfer Agreement between Individuals 2022 (Collection of 5 articles) (Part 4)
?Transferor: _______________
?Transferee: _______________
?____________ Company (hereinafter referred to as the "Limited Company") was established on ______ month ___, _________. It is a joint venture between Party A and _________, with a registered capital of gold coins ____ Ten thousand yuan, the total investment is _________ ten thousand yuan, and the actual investment has been _________ ten thousand yuan. Party A is willing to transfer ____% of its equity in the joint venture company to Party B; upon approval by the company's board of directors and with the consent of the other party's shareholders, Party A and Party B have reached an agreement on the transfer of equity as follows:
?1. Price, term and method of equity transfer
?1. Party A occupies ____% of the company's equity. According to the original joint venture contract, Party A should invest ______ million yuan. Party A now transfers its ____% equity stake in the company to Party B for ____ currency______ ten thousand yuan.
?2. Party B shall pay Party A in ____ times by bank transfer in the currency and amount specified in paragraph 1 of Article 1 within ____ days from the effective date of this agreement.
?2. Party A guarantees that it has complete and effective right to dispose of the equity it intends to transfer to Party B, and ensures that the equity is not pledged and protected from recourse by a third party, otherwise it shall be borne by Party A All financial and legal liabilities arising therefrom.
?3. Sharing of the company’s profits and losses (including credits and debts) (choose one).
?1. After this agreement takes effect, Party B will share profits and risks and losses in proportion to the shares (including the rights and liabilities of the company that the shares should enjoy and share before the transfer).
?2. Before the equity transfer, hire an accountant registered in ______ (or other methods) to audit the company. Party B will bear the risks that Party A should share according to the scope of the audit report form approved by both parties. Loss and entitlement. After the equity transfer takes effect, if it is found that the debts of the joint venture that are not in the audit report before the transfer are outstanding, Party B will be responsible for them in proportion to the equity, but Party A will be responsible for repaying them. After the equity transfer takes effect, Party B obtains shareholder status and enjoys its shareholder rights and obligations in proportion to its shares.
?3. Before the equity transfer, hire an accountant registered in ______ (or the company's board of directors) to audit the company. Party A will bear the shared risks, losses and enjoyment according to the scope of the audit report. Equity, the creditor's rights and debts that Party A should share, shall be deducted from its equity payment. After this agreement comes into effect, the unsettled claims and debts that should be shared by Party A other than those in the audit report will be enjoyed and borne by Party B in proportion to the equity (or Party B will bear it first, and then Party B will seek reimbursement from Party A).
?IV. Liability for breach of contract
?If Party B cannot pay the equity price on time, for every ______ days overdue, it shall pay ______ percent of the overdue portion of the total price. Liquidated damages. If the breach of contract causes economic losses to Party A, compensation shall also be paid for the part that cannot be compensated by liquidated damages.
?5. Dispute resolution (choose one)
?Any dispute arising from the performance of this agreement shall be resolved through friendly negotiation between Party A and Party B. If the negotiation fails:
?1. File a lawsuit with the _______ People's Court;
?2. Submit it to the Arbitration Commission for arbitration;
?6. Relevant costs
?During the transfer process, the transfer-related expenses incurred (such as notarization, audit, etc.) shall be borne by the party.
?7. Conditions for Effectiveness
?This Agreement shall be signed by Party A and Party B, notarized by the notary office of _______________, and shall be submitted to the competent government department for approval before it shall take effect. Both parties shall ______ Go to the ______ administrative agency within days to complete the change registration procedures.
?8. This agreement is made in ____ copies. Party A and Party B each hold ____ copies, the joint venture company and the notary office each hold one copy, and the rest are reported to the relevant departments.
Part 5)
Transferor (Party A):
ID number:
Transferee (Party B):
< p> ?ID card number:?______ Enterprise (hereinafter referred to as "Enterprise") was registered in ______ by the ______ City Industrial and Commercial Administration on ____ month ____ of ______ year Party A has approved the registration and establishment of the company, and it will be invested and operated by Party A personally. All the property of the "Enterprise" is owned by Party A personally and has full power of disposal. The capital contribution of the "Enterprise" is RMB ______ million yuan. Party A is willing to transfer all its investment in the "Enterprise" and its related legal rights and interests (hereinafter referred to as assets) to Party B, and Party B is willing to accept the transfer. Now, Party A and Party B have reached the following agreement on the transfer of assets through consensus in accordance with the provisions of the "Sole Proprietorship Law of the People's Republic of China" and the "Contract Law of the People's Republic of China":
< p> ?1. Transfer price and payment term and method of transfer money?1. Party A transfers all its assets in the "Enterprise" to Party B at a price of RMB ______ million yuan.
?2. Party B shall pay the above-mentioned amount to Party A in one go by bank transfer (or cash payment) within ______ days from the effective date of this agreement.
? 2. Guarantee
? Party A guarantees that it has ownership and full right to dispose of the above-mentioned assets. Party A guarantees that there is no mortgage, pledge or guarantee for the transferred property. , to ensure that the assets have not been seized and that the assets are not subject to recourse by a third party. Otherwise, all liabilities arising therefrom will be borne by Party A.
?3. Effectiveness of Transfer
?From the date of completion of the transfer under this Agreement, Party B shall enjoy ownership and related rights and interests of all the properties of the "Enterprise" and shall His or her personal property has unlimited liability for the debts of the "business."
?4. Liability for breach of contract
?1. Once this Agreement comes into effect, both parties must perform it consciously. If either party fails to fully perform its obligations in accordance with the provisions of the Agreement, it shall be liable in accordance with the law and this Agreement. Responsibilities stipulated in the agreement.
?2. If Party B cannot pay the transfer amount on time, Party B shall pay Party A a penalty of one ten thousandth of the overdue transfer amount for each overdue day. If Party B's breach of contract causes losses to Party A, and the amount of liquidated damages paid by Party B is lower than the actual loss, Party B must compensate it separately.
?3. If Party B is unable to handle the change registration as scheduled due to reasons caused by Party A, or seriously affects Party B's ability to achieve the purpose of entering into this agreement, Party A shall pay 10,000% of the transfer fee that Party B has paid. One of them shall pay liquidated damages to Party B. If Party A's breach of contract causes losses to Party B, and the amount of liquidated damages paid by Party A is lower than the actual loss, Party A must compensate it separately.
?5. Party A and Party B may change or terminate this agreement upon consensus. If this agreement is modified or terminated through negotiation, both parties shall sign a separate modification or termination agreement.
?6. Burden of related expenses
?Relevant expenses incurred in the process of this asset transfer (such as notarization, evaluation or audit, industrial and commercial change registration, etc.) shall be borne by Party A Party shall bear the responsibility.
?7. Other Agreements
?Disputes related to the validity, performance, breach of contract and termination of this contract shall be resolved through friendly negotiation between the parties. If negotiation fails, either party may apply for arbitration or file a lawsuit in the People's Court.
?8. Conditions and date for the contract to become effective:
?This agreement will take effect on the date it is signed by both parties. Both parties shall go through the change registration procedures with the industrial and commercial administration authorities in accordance with the law after this agreement takes effect.
?9. This agreement is made in triplicate. Each Party A and Party B shall hold one copy, and the rest shall be reported to the relevant departments.
? Transferor (signature and seal):
?____month___day
?Transferee (signature and seal):
?___year___month___day