Model clauses of the partnership contract of foot bath shop: Partner 1:
Chapter I General Provisions
In order to invigorate the economy, enrich the amateur life of the broad masses of people and contribute to the creation of a harmonious society, the three parties decided to jointly operate the foot bath city through friendly consultation. In order to standardize the behavior of partners and facilitate the smooth operation and long-term cooperation in the future, the following cooperation agreement is formulated.
Chapter II Share Proportion and Mode of Contribution of Partners
The first foot bath city adopts the store management mode and the corporate management mode. All three partners are shareholders, and the three shareholders hold corresponding shares according to their respective final contribution ratio, get corresponding dividend rights and bear the same proportion of business risks.
Article 2 The shares subscribed by three shareholders are as follows:
XXXX holds 33.33% of the shares in Foot Bath City, XXXX holds 33.33% of the shares, and XXXX holds 33.33% of the shares. It is estimated that the total investment is 600,000 yuan, including 200,000 yuan invested by XXXX, 200,000 yuan invested by XXXX and others (including 60,000 yuan invested in technology). XXXX and others are divided as follows: XXXX contributes 30,000 yuan, XXXX contributes 30,000 yuan, XXXX contributes 20,000 yuan and XXXX contributes 30,000 yuan. Distribution of technical shares: XXXX accounts for 20,000 yuan, XXXX accounts for 1 10,000 yuan, XXXX accounts for 1 10,000 yuan, and XXXX accounts for 1 10,000 yuan. But if the foot bath city is transferred or sold for various reasons, etc. (XXXX and others will only share profits according to the shares invested in cash, and technology shares will not participate). However, it is also necessary to ensure the normal operation of the foot bath city, especially to ensure the level and quantity of technicians (more than 25 skilled technicians must be in place when opening). If our store suffers serious losses due to poor management, the 60,000 yuan technology shares of XXXX and others will automatically become invalid. When the foot bath city is completed and enters the operation stage, after sufficient liquidity is reserved, the remaining or owed investment will be refunded and supplemented according to the share ratio.
Article 3 This Foot Bath City only recognizes the investment, decision-making and management rights of three registered shareholders.
Minority shareholders under the name of shareholders can obtain the dividend rights under their associated names, but they are not allowed to participate in business decisions. The shares subscribed by each shareholder shall not be changed without the consent of other shareholders. Otherwise, pay liquidated damages to other shareholders at twice the unpaid capital contribution. If cash compensation cannot be obtained, it will be deducted from the capital contribution until the defaulting party completely loses all its equity.
The third chapter is the management framework of foot bath city's business premises and operating period.
Article 1 The business location of Foot Bath City: the second floor of Nanhai, Lanshan County.
Article 2 In order to facilitate management, division of labor and cooperation, and mutual supervision, the powers and responsibilities of the three shareholders of this foot bath city are defined:
XXXX is the chairman, responsible for the external work of our store, with a monthly salary of 1000 yuan; XXXX is the general manager, managing the site, with a monthly salary of 4,000 yuan;
Article 3 The monthly salary of the technical director is 3,000 yuan; Lao Zhang's monthly salary is 2600 yuan (hourly room, warehouse, accountant); When XXXX entrusts an agent to manage the personnel sought by the above shareholders, it must be responsible for the store and abide by the rules and regulations of the post it is engaged in. In case of violation, it will be severely punished according to the regulations, and all losses (except irresistible circumstances) caused to the store by the sought-after personnel at work shall be borne by the shareholders of the above-mentioned personnel. Major decisions are made by shareholders * * *, and no one can have the final say. In particular, economic expenses can only be reimbursed after being signed by the chairman and the personnel entrusted by shareholders. Any single expenditure exceeding 65,438 yuan+0,000 yuan must be notified to the shareholder's entrusted personnel by telephone. If opinions cannot be completely unified in decision-making, the minority is subordinate to the majority. This division of labor is not permanent, and those who are incompetent in the future can be replaced with the consent of shareholders. In order to make full use of personal relationship resources, it is decided that the Foot Bath City will handle the business license and related formalities in the personal name of Li Xipeng, with the expenses paid by the Foot Bath City and the formalities handled by the three shareholders. In order to safely manage cash (including investment period and future operation period), it is decided that XXXX will open a special bank account in the name of an individual, and the password will be controlled by XXXX and XXXX. The shares can only be withdrawn after the consent of three shareholders. No one may misappropriate public funds without permission, otherwise he will be punished by twice the amount of misappropriation. After opening, the daily turnover will be deposited in the bank the next day. The three shareholders agree that it is not necessary for each shareholder to participate in the future operation and management, and a plenipotentiary can be appointed instead (of course, it can also be managed in person), but the appointed representative must obtain the consent of other shareholders. Shareholders who do not participate in management in person will not receive any salary, and shareholders or representatives who participate in management will receive salary according to regulations.
Article 4 In the process of preparation and operation, shareholders shall not harm the interests of the public, and shall not occupy or misappropriate the assets, funds and expenses of the public. In case of the above-mentioned breach of contract, once verified, a fine of ten times will be imposed to compensate other shareholders. If the cash can't be compensated, its shares of the same amount will be deducted, and the maximum fine can completely make it lose all its shares. The validity period of this agreement is the same as the lease term of the business premises. During this period, each shareholder shall not transfer or sell its equity without the consent of several other shareholders. After this agreement comes into effect, all shareholders must agree to expand their shares. Chapter IV Other Agreements After the opening of Foot Bath City, it shall be settled at the end of each month. Dividends will be distributed according to regulations, and losses will be filled according to regulations. After the operation of this foot bath city, regardless of profit or loss, it has been operated for more than five years (except for major changes in national policies or irresistible natural and man-made disasters), and it is not allowed to withdraw its shares within five years. If it is still unsustainable at maturity, the partnership agreement may be dissolved with the consent of three shareholders, and the company may suspend business to liquidate its assets and share the losses according to its share. This foot bath city adheres to the law-abiding operation, pays attention to the safety of citizens and prevents any accidents.
In case of loss caused by an accident, no single shareholder will bear the responsibility alone, but all shareholders will bear the responsibility in proportion to their shares.
Article 5 After the signing of this agreement, each shareholder shall raise funds in proportion to the shares subscribed by him. If the shares are withdrawn by signature or the share ratio is changed without authorization, the capital contribution will be used as liquidated damages to compensate several other shareholders and will not be returned. At the same time, its equity will automatically expire, and this agreement will no longer take effect or be changed separately.
Article 6 During the validity period of this agreement, without the consent of the other two shareholders, none of the three shareholders may operate the foot bath city alone or in partnership with others within the county. Otherwise, it will be punished as serious damage to the public interests, and the party concerned will be fined 50% of its share capital as liquidated damages to compensate the other two shareholders, and ordered to withdraw shares and dissolve the partnership.
Article 7 This agreement shall come into effect after being signed by three shareholders page by page, and it has legal effect. I hope it will be observed by * * *.
Article 8 If there are any matters not covered in this Agreement, it can be supplemented through negotiation in the future.
Article 9 This Agreement is made in triplicate, with each shareholder holding one copy.
Signature of partner:
date month year
Model foot bath shop partnership contract Article 2 pedicure partner: xxxxxxxx
Name xxxx, gender xx, age xxxx, address xxxxxxxxxx.
(Other partners should fill in the above items in the order)
Rule number one The purpose of the partnership
Rule number two Partnership projects and scope
Rule three. Term of partnership
The term of the partnership is xxxx years, starting from xx, xxxx to xx, xxxx.
Article 4? Amount, method and duration of capital contribution
1. Partner XXXXXXXXXXX (name) contributed by XXXXXXXXXXX, totaling RMB XXXXXXXXXXX. (Other partners are listed in the same order as above)
2. The capital contribution of each partner shall be paid in full before xxxxxx, XXXXXX, XXXXXX. If it is not paid in full within the time limit, it shall pay the unpaid bank interest and compensate for the losses caused thereby.
3. The capital contribution of this partnership is RMB xxxxxxxx. During the partnership, the capital contribution of each partner is * * * property, and it is not allowed to ask for division at will. After the termination of the partnership, each partner's capital contribution will still be owned by the individual and will be refunded at that time.
Article 5? Income distribution and debt commitment
1. Income distribution, based on xxxx, distributed in proportion.
2. Debt commitment: the partnership debt shall be repaid in priority by the partnership property. If the partnership property is insufficient to pay off, it shall be borne in proportion based on xxxxxxxx of each partner.
Article 6? Capital contribution, capital withdrawal and capital contribution transfer
1. Occupation: ① This contract needs approval; (2) With the consent of all partners; (3) to implement the rights and obligations stipulated in the contract.
2. Quit the partnership: ① You can quit the partnership only if there are justified reasons; (2) Do not quit when the partnership is unfavorable; (3) If you quit the partnership, you need to notify other partners xxxx months in advance and get the consent of all partners; (4) After withdrawing from the partnership, the settlement shall be made according to the property status at the time of withdrawing from the partnership, and the settlement shall be made in currency no matter how the contribution is made; (5) If the withdrawal of the partnership without the consent of the contractor causes losses to the partnership, it shall be compensated.
3. Transfer of capital contribution: Partners are allowed to transfer their own capital contribution. At the time of transfer, the partners have the priority to be assigned. If a third party other than the partner is transferred, the third party will be regarded as joining, otherwise the transferor will be regarded as quitting.
Article 7? Rights of the person in charge of the partnership and other partners
1.xxxxxxxx is the head of the partnership. Its functions and powers are: ① to handle foreign business and sign contracts; (2) the daily management of the partnership enterprise; (3) Selling partnership products (commodities) and purchasing commonly used commodities; (4) Paying off the partnership debts; ⑤xxxxxxxx .
2. Rights of other partners: ① Participate in the management of the partnership; (two) to listen to the report on the business development of the person in charge of the partnership; Check the account books and operating conditions of the partnership; (4) * * * to decide on major issues of the partnership.
Article 8? Prohibited behavior
1. Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of partnership without permission; If the profits from its operation belong to a partnership, it shall compensate for the losses according to the actual losses.
2. Partners are prohibited from engaging in businesses that compete with the partnership.
3. Partners are prohibited from joining other partnerships.
4. It is forbidden for partners to sign contracts with this partnership.
5. If a partner violates the above terms, he shall make compensation according to the actual losses of the partnership. Discourage those who refuse to listen can be decided by all partners to be removed from the list.
Article 9? Termination of the partnership and matters after termination.
1. The partnership is terminated for one of the following reasons: ① the partnership term expires; ② All partners agree to terminate the partnership; (3) The partnership enterprise has been established or cannot be established; (4) The partnership enterprise is revoked in violation of laws. The court decided to dissolve according to the request of the parties.
2. Matters after the termination of the partnership: ① Nominate liquidators immediately and invite xxxxxxxx intermediary (or notary) to participate in liquidation; (2) If there is surplus after liquidation, it shall be carried out in the order of collecting creditor's rights, paying off debts, returning capital contribution and distributing surplus property in proportion. Fixed assets and inseparable items can be sold to partners or third parties at a fixed price, and the price participates in the distribution; (3) In case of losses after liquidation, no matter how much the partners have contributed, the partnership property shall be used to pay off first, and the part of the partnership property that is insufficient to pay off shall be borne by the partners in proportion to their contributions.
Article 10? Settlement of disputes
Disputes between partners shall be settled through consultation on the principle of being conducive to the development of the partnership. If negotiation fails, you can go to court.
Article 11? This contract shall come into effect and start business as of the date of approval by the administrative department for industry and commerce.
Article 12? If there are any matters not covered in this contract, the partners shall discuss, supplement or modify it together. The supplementary and revised contents have the same effect as this contract.
Article 13 Others
Article 14 The original of this contract is in xx copies, with each party holding one copy.
Partner: xxxxxx
Partner: xxxxxx
Xx year xx month xx day
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