Partnership agreement 1 party a: _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
Based on the principles of voluntary cooperation, equality and friendship, * * investment, * * income, * * risk and * * income, Party A and Party B agree to jointly build a kiln tile factory at Party A's location through consultation. In order to clarify the responsibilities and obligations of both parties, * * * hereby formulates the following agreement for both parties to abide by.
Article 1 The place of performance of this Agreement is _ _ _ _ _ _ _ _. The total investment of both parties is RMB yuan. The capital contribution determined by both parties through consultation is as follows:
1.a. Party A is responsible for providing all civil works (including kiln and Hafeng, drying holes, railways, brick houses, power distribution rooms, offices and dormitories, etc.) required for the construction of the brick factory. ), and the required expenses shall be borne by Party A. The expenses are the capital contribution of Party A, which is RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The site rental fee required for the construction of this brick factory shall be borne by both parties (amount: _ _ _ _ _ _ _ _ _ _ _ _).
B. Party A is responsible for providing power and water for the factory, negotiating and coordinating various local social relations, and ensuring that the normal production and operation of the factory are not subject to external illegal interference. The expenses required for this item shall be borne by both parties.
2. Party B shall be responsible for providing all production equipment and technologies required by the tile factory; Responsible for the daily production and operation activities of the tile factory; Responsible for providing raw materials and working capital needed for the initial stage of the factory; Responsible for providing a loader, a transformer (model 3 15) and all low-voltage equipment (including switchboard, cables, etc.). ) required for production; This investment of Party B is equivalent to _ _ _ _ _ _ _ _% of the total investment. Both parties agree that Party A's obligations in item A of this article will be performed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Both parties agree that regardless of the term or expiration of this agreement, the property rights invested by each party shall still belong to each party, but the exercise of property rights shall not violate this agreement.
Article 2 Profit sharing and loss sharing
Investors shall share the profits of * * * and the losses of * * * in investment operation according to the proportion of their capital contribution to the total capital contribution. The rights and interests formed by the investor's contribution and its fruits are the property of the investor * *, which is jointly owned by * * and the investor in proportion to their contribution. After the initial working capital borrowed by the factory is repaid and sufficient production capital (about100000 yuan) is prepared, the remaining profit will be distributed once every quarter; When the profit is large, it will be issued once a month.
Article 3 Business execution
1. Entrust Party B to perform daily affairs on behalf of investors;
2. Party A has the right to check the implementation of daily affairs, and Party B has the obligation to report the investment, operating conditions and financial conditions to Party A;
3. Party A shall provide a financial accountant, a consignee or consignor, and Party B shall provide a cashier. Settle accounts daily and monthly, and provide investors with a financial statement to make the accounts clear. Other personnel shall be arranged by Party B. ..
4. The income generated by Party B's execution of the investment firm belongs to the investor, and the losses or civil liabilities generated shall be borne by the investor;
5. If Party B causes losses to other investors due to negligence or non-compliance with this agreement when performing affairs, it shall be liable for compensation.
6. Party A may object to Party B's execution of investment affairs. When raising an objection, the execution of the transaction shall be suspended. In case of dispute, it shall be decided by the investor.
7. The following matters must be agreed by Party A:
(1) Transfer the investment right of tile factory;
(2) The above rights and interests are very important to the quality of outbound;
(3) Replace the management personnel provided by Party A;
8. In the production process, all the expenses arising from inevitable external factors shall be borne by both parties.
Article 4 When an investor transfers all or part of his capital contribution to a person other than the investor, he must obtain the consent of other investors. Under the same conditions, other investors have the priority to be transferred.
Article 5 Other rights and obligations:
1. After the establishment of the factory, no investor may withdraw its capital contribution without authorization;
2. When the factory cannot be set up, the debts and expenses arising from the establishment shall be shared according to the investment proportion of each investor.
Article 6 Liability for breach of contract
If one party fails to perform this agreement, the breaching party shall pay the other party a penalty of 30% of the total investment and compensate the other party for its economic losses.
Article 7 Both parties agree through consultation that the cooperation period is five years. During the cooperation period, if the purpose of the contract cannot be achieved due to the adjustment of national policies, both parties shall terminate the contract through consultation; After the expiration of the cooperation, both parties shall negotiate separately according to the actual situation.
Article 8 Others
1. For matters not covered in this agreement, a supplementary agreement shall be signed separately.
2. This agreement shall come into force after the investor signs and seals it. This agreement is made in duplicate, with each investor holding one copy.
Party A (signature): _ _ _ _ _ _
Party B (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Partnership Agreement II Party A: _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _
On the basis of equality and voluntariness, through full consultation, Party A and Party B have established _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
1. Cooperation mode:
Party A contributes RMB _ _ _ _ _ _ _ ten thousand Yuan, accounting for _ _% of the shares; The appraisal value of Party B's technology is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Second, the partnership project:
Through negotiation, both parties agree that * * * will jointly contribute to the establishment of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Third, the occupation time:
The tentative date is _ _ _ _ _ _ years, counting from the effective date of this contract. If both parties wish to continue cooperation after the expiration of the term, they shall revise and sign a new agreement on the basis of this agreement.
Fourth, the partnership division of labor:
1. Party B is responsible for the technical development, production training, production monitoring and product quality control of this project. Other responsibilities shall be borne by Party A (including equipment investment, material procurement, product sales, product distribution, financial management, etc.). ).
2. Each party reserves the right to review the financial operation of the project every month. If there is any doubt about the financial revenue and expenditure, profit and loss, they have the right to check the accounts by verifying the original vouchers. If the accounts are suspicious and the parties cannot give a reasonable explanation, the project partners have the right to investigate the economic and legal responsibilities of the parties. The original income and expenditure related to all accounts of the project, such as expenditure and income, must be signed and approved by all parties and submitted to the financial administrator for accounting.
Verb (abbreviation for verb) technology and market secrecy;
During the partnership period, without the consent of the project partners, no one may transfer technology and market content, partner with partners other than the project partners or seek benefits for others, or disclose technology. Otherwise, the project partner has the right to confiscate the relevant income of the responsible party and investigate the economic and legal responsibilities of the responsible party.
Income distribution of intransitive verbs:
1. The profit of this project is divided according to the different shareholding ratios of the partners. Among them, Party A shall share _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If it is necessary to retain profits for expanding business operations, it must be agreed by all parties and shall not exceed _ _ _ _% of the total annual profits. Retention is calculated as the contribution of each party according to the proportion of equity held by each party.
2. Considering Party B's personal situation, Party B has the right to advance the salary, but half of the salary will be deducted from Party B's year-end dividend and the other half will be included in the project operating cost.
3. The fixed assets invested by Party A shall be depreciated within _ _ _ _ _ _ _ years.
4. The losses caused by product quality problems shall be borne by Party B, and the losses caused by poor sales management shall be borne by Party A..
Seven. Partnership safeguard measures:
1. During the partnership period, if either of the project partners withdraws from the partnership project without the consent of the other party, the responsible party shall compensate the injured party for the investment losses and other benefits due during the partnership period (specifically, the responsible party shall compensate the injured party for all the benefits of the remaining contract period according to the average benefits due to the injured party from the date of partnership to the time of the accident). And must abide by the technical and market confidentiality regulations, and shall not use or operate similar technical content and market content of this project in the local area within two years. Otherwise, the project partner has the right to pursue all economic and legal responsibilities of the defaulting party.
2. During the partnership period, due to force majeure factors such as war, disaster and disease. At the expiration of the partnership term, the project partnership is dissolved or the partners are no longer in partnership. The technical content of the project belongs to both parties.
3. If one of the partners violates this contract, the other party has the right to dissolve the partnership with the defaulting party and pursue all economic and legal responsibilities of the defaulting party.
Eight. others
1. Matters not covered in this contract shall be supplemented by both parties through consultation, and the supplementary clauses shall have the same legal effect as this Civil Code.
2. This contract was signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A: _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _ _ _ _ _ _