You should sign a partnership agreement, and the content of the agreement is up to you! There is a template below for you to refer to. I hope it will be helpful to you!
1. Format Partnership Agreement
Partner: A (name), male (female), born × year × month × day, current address: × city (county) × street (Township, Village) /p>
Article 1 Both parties A and B voluntarily operate ××× (project name) in partnership, with a total investment of %.
Article 2: This partnership constitutes a partnership enterprise in accordance with the law, and A is responsible for handling industrial and commercial registration.
Article 3 The operating period of this partnership is ten years. If the period needs to be extended, relevant procedures must be completed six months before expiration.
Article 4: Both parties to the partnership operate and work together, bear risks, and bear profits and losses.
Enterprise surpluses are distributed according to their respective investment proportions.
Enterprise debts are borne in proportion to their respective investments. After either party repays its debts, the other party shall repay its share of the debt to the other party in proportion within ten days.
Article 5: Others can join the partnership, but they must obtain the consent of both parties A and B, and go through the procedures for increasing the amount of capital contribution and entering into a supplementary agreement. The supplementary agreement has the same effect as this agreement.
Article 6: The partnership will be terminated if the following events occur:
(1) Expiration of the partnership period;
(2) Negotiation and consent of both partners;
(3) The partnership business has been completed or cannot be completed;
(4) Other situations stipulated by law.
Article 7: For matters not covered in this agreement, both parties may supplement the provisions, and the supplementary agreement shall have the same effect as this agreement.
Article 8 This agreement is made in duplicate, with one copy for each partner. This agreement shall take effect from the date of signature (or seal) of the partners.
Partner: ××× (signature or seal)
Partner: ××× (signature or seal)
×year×month×
2. Explanation
Individual partnership refers to two or more citizens who, in accordance with an agreement, each provide funds, physical objects, technology, etc., and engage in joint business operations. * A voluntary association with labor, * taking risks, and * taking responsibility for profits and losses. Its legal characteristics are: ① A partnership must consist of two or more citizens; ② A partnership is an economic unit united according to a partnership contract; ③ Partners must jointly contribute capital, jointly operate, and jointly work together. , *** bears the risk; ④ The partnership property belongs to all partners, and the partners bear joint and several liability for partnership debts. Individual partnerships must sign a partnership agreement. A partnership agreement refers to an agreement that clarifies the rights and obligations between partners. The "General Principles of the Civil Law" stipulates that partners should enter into written agreements on matters such as the amount of capital contribution, distribution of profits, debt obligations, entry into a partnership, withdrawal from a partnership, termination of partnership, etc. If the parties have not entered into a written agreement, but meet the conditions for partnership, and two or more disinterested parties prove that there is an oral agreement, the people's court may determine that they have a partnership relationship. Issues that should be paid attention to when signing a partnership agreement are:
(1) An individual partnership can have a trade name, be approved and registered in accordance with the law, and engage in business within the approved and registered business scope. Partners shall enter into written agreements on matters such as the amount of capital contribution, profit distribution, debt assumption, entry into partnership, withdrawal from partnership, termination of partnership, etc. The rights of partners include: ① The right to operate, decide and supervise partnership affairs. The operating activities of the partnership are jointly decided by the partners. No matter how much capital they contribute, everyone has the right to vote; ② The partners enjoy the distribution of partnership interests. ③ Partners shall distribute partnership interests in proportion to their capital contribution or as stipulated in the contract. The property accumulated by the partnership shall belong exclusively to the partners; ④ Partners have the right to withdraw from the partnership. The partners' obligations include: ① Maintaining the unity of partnership property in accordance with the partnership agreement; ② Sharing the partnership's operating losses and debts; ③ Bearing joint and several liability for partnership debts.
(2) The business activities of an individual partnership are jointly decided by the partners, and the partners have the right to execute or supervise. Partners can nominate the person in charge. All partners shall bear civil liability for the business activities of the partnership principal and other personnel. The partners shall be responsible for repaying the debts of a partnership with their respective properties in accordance with their capital contribution ratio or as stipulated in the agreement. Partners shall be jointly and severally liable for the debts of the partnership, 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.