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Cooperative factory building agreement
In today's social life, agreements are needed in many cases, and signing agreements can solve or prevent unnecessary disputes. How to write the agreement properly? The following are five cooperative factory agreements I have compiled, hoping to help you.
Cooperative Factory Building Agreement 1 Party A: Wang Zhiguo
Party B: Zhang Peicun
Party C: Liu Shengli.
Party A, Party B and Party C jointly purchased Wynn Brick Factory and all its equipment in 20xx, and operated together until 20xx. Now because the brick factory has run out of soil, it is necessary to buy soil from outside, which leads to an increase in cost. Coupled with the sluggish market, slow withdrawal of funds and many other reasons, it is difficult for brick factories to continue to operate today. After friendly consultation among the three parties, the cooperative relationship was dissolved. From the date of signing this agreement, the brick factory will be operated by Party A Wang Zhiguo alone. The tripartite agreement is as follows:
I. Creditor's rights and debts
All bad debts of 1. brick * * are kept by Party C, and shall be distributed equally among the three parties after the bricks are recovered.
2.20x65438+February 25th Details:
(1) account owed to brick factory.
(1) Pay the brick arrears to the building at a discount of two hundred and twenty thousand yuan only (220,000 yuan);
② Cash yuan owed by foreign countries
(2) Brick factory's debts
(1) Zhang Peilin's soil pulling fee, Sean's slime money and Zhang Ze's salary in the brick factory are * * * one hundred and ten thousand nine hundred and thirty yuan only (1 10930 yuan).
I bought Zhang Hu Brick Factory in 20xx, with a total price of six hundred and eighty thousand yuan only (680,000 yuan). I have paid two hundred and sixty thousand yuan only (260,000 yuan), and I owe four hundred and twenty thousand yuan only (420,000 yuan). At that time, it was agreed to fold 6.5438+0.40 million bricks and pay 6.5438+0.35 million bricks. The brick factory owes Zhang Hu 46,000 bricks.
(III) Distribution of creditor's rights and debts
(1) Brick factory, equipment, process and kiln bricks (including 46,000 bricks owed to Zhang Hucheng) are discounted by two hundred and fifty yuan only (250,000 yuan), which shall be purchased at the expense of Party A Wang Zhiguo and shared equally by Party A, Party B and Party C. ..
(2) The balance of the debt owed outside the brick factory minus the debt owed inside the brick factory * * * words (3) After the account is settled, the money owed by Party A to Party B and Party C will be offset with bricks, and the brick price will go with the market.
Second, the ownership and tripartite obligations of brick factories.
1. Since the date of signing by the three parties, the ownership and management of the brick factory shall be owned by Party A. Party B and Party C shall not make trouble for any reason. Once the production is affected, the losses caused shall be fully compensated by the parties concerned, and if the circumstances are serious, they shall bear legal responsibilities.
2. Since the date of signing, Party B and Party C will not be responsible for the creditor's rights and debts arising from the future operation of the brick factory.
3. Since the date of signing, Party A shall not go back on our word for any reason.
This agreement is made in triplicate, with Party A, Party B and Party C holding one copy respectively, and shall come into effect after being signed. In case of breach of contract, the breaching party shall bear all the responsibilities.
Signature of Party A:
Signature of Party B:
Signature of Party C:
Date, year and month
Part II of the Cooperative Factory Building Agreement Party A: Identity Card:
Party B: ID card:
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 Capital contribution and performance
The place of performance of this Agreement is _ _ _ _ _ _ _ _. The total investment of both parties is RMB yuan. In which: the capital contribution of Party A is RMB yuan (in words: RMB yuan only); Contribution of Party B: RMB Yuan (in words: RMB Yuan only).
The capital contribution determined by both parties through consultation is as follows:
1. Party A is responsible for providing all production equipment required by the brick factory; Responsible for the daily financial management of brick 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. Illegal interference from outside. The expenses required for this item shall be borne by both parties.
2. Party B is responsible for providing all civil engineering and production technologies (including kiln, ventilation, drying holes, computer room, power distribution room, office and dormitory, etc.). ) Party A shall be responsible for the expenses required for the construction of the brick and tile factory. The fee is 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:); Responsible for the daily production and operation activities of the brick factory.
B. Party B is responsible for providing power and water for the factory, negotiating and coordinating various local social relations, and ensuring the normal production and operation of the factory, without the unanimous consent of both parties, and Party A's obligations in item A of this article are completed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _; Party B's obligations were fulfilled 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 Division of Labor and Profit Sharing and Loss Sharing
1, Party A is the director and legal person of the brick factory, and is responsible for the fund management and personnel management of the brick factory;
2. Party B is the general manager of the brick factory, responsible for the external procurement, sales and payment collection of the brick factory;
3. Investors should share the profits and losses of investment operation according to the proportion of their capital contribution to the total capital contribution.
4. 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 brick factory has repaid the working capital borrowed at the initial stage of the factory and prepared enough production funds (about100000 yuan), the remaining profits 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 operation and financial status of the investment to Party A;
3. Party A shall provide financial accounting, and Party B shall provide cashier, consignee or consignor. Settle accounts daily and monthly, and provide investors with a financial statement to make the accounts clear. Other personnel shall be arranged by Party A. ..
4. The income generated by Party A'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 rights and interests of the investment brick 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 Rights and obligations
1 Rights and obligations of Party A
A. The management right of the enterprise belongs to Party A;
Party A has the veto power over the recruiters of Party B;
C. During the operation of Party A, all personnel in the factory must obey the leadership of Party A;
D. Party A organizes financial meetings every quarter (or every month, depending on income) to arrange dividends, and the financial department reports the performance and sales to shareholders;
Party A has the right to receive dividends on time.
2 Rights and obligations of Party B
Party B has the obligation to abide by the articles of association of the factory and various management systems;
Party B is responsible for production management and other daily affairs management and technical support during the cooperation period;
C. During the cooperation between Party A and Party B, Party B shall not copy or reuse the name, factory name and trademark of the factory. Party B shall abide by the obligation of confidentiality.
Party B has the right to receive dividends on time.
Article 5 Other rights and obligations:
1. When an investor transfers all or part of his investment to a person other than the investor, he must obtain the consent of another investor; Under the same conditions, other investors have the priority to be transferred.
2. After the establishment of the factory, no investor may withdraw his capital contribution without authorization;
3. 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 and other agreements
1 If either 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.
2. In case of emergencies (such as major emergencies that directly affect the normal operation of the factory), both parties have the obligation to cooperate and settle them through negotiation.
3. If Party B has any behavior that damages the interests of the factory or other serious economic disputes that damage the factory, the other party has the right to terminate this agreement;
4. Once this agreement is signed, both parties shall strictly abide by it; Otherwise, the legal consequences arising therefrom shall be borne by the breaching party;
Article 7 Validity period
The two sides reached an agreement through consultation that the term of cooperation between the two sides is three 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.
3. This Agreement or any dispute related to this Agreement shall be settled by both parties through consultation. If negotiation fails, it shall be submitted to the Labor Arbitration Commission for arbitration or brought to court.
Party A (signature): _ _ _ _ _ Party B (signature):
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Reference (signature):
identity card
Date of signature: year month day.
Chapter III of Cooperative Factory Building Agreement Party A:
Party B, Party C and Party D:
Based on the principles of equality, voluntariness, complementary advantages, mutual benefit and common development, and in accordance with the relevant provisions of the Contract Law, and in order to clarify the rights and obligations of all parties, after full friendly consultation, Party A, Party B and Party C reached an agreement on the joint operation of Party A's needle-punched nonwoven factory and jointly formulated * * *. This agreement is as follows for all parties to abide by.
First, the specific situation of cooperative operation;
The cooperative factory is located at:
Area of business premises: square meters
The main business scope is:
Second, the way of cooperation:
1. Due to reasonable tax avoidance, the industrial and commercial license was established as a one-person company.
2. During the term of cooperation, all parties contribute capital, jointly operate, bear risks and make profits and losses.
3. Each party entrusts one party with full authority to manage the production affairs of the cooperative factory.
Three. Term of cooperation:
Temporary signing for two years, from the date of signing this agreement to the date of signing this agreement. After the expiration, if both parties agree to extend the term of cooperative operation, they may sign a cooperative factory building agreement separately.
Four. Mode of contribution:
Party A contributes%, that is, RMB ten thousand Yuan only; Party B contributes%, that is, RMB ten thousand Yuan only; Party C contributes%, that is, RMB ten thousand Yuan only; Total: ten thousand yuan only.
Verb (abbreviation for verb) Investment proportion and profit distribution:
1. All parties shall share the profits of * * * investment operation in proportion to their capital contribution, and * * * shall bear the losses of investment operation.
Both parties agree to analyze the operation of the cooperative factory every six months.
3. After three years of negotiation and cooperation between the parties and the factory, the profits can be distributed.
The profits of all parties can only be used for the expenses of the cooperative factory. If it is used for project investment, it can only be used with the consent of all parties.
5. After the expiration of the cooperation period, Party A shall not prevent Party B from obtaining the due profits for any reason. After the expiration of the cooperation period, you can withdraw your shares. Invest in fixed assets and re-evaluate.
6. During the cooperation period, neither party may withdraw funds for any reason, but it can transfer shares within the scope of the existing three shareholders.
7. Party A shares%, Party B shares% and Party C shares%.
Six, production plan:
Party A shall try its best to meet the production capacity of the cooperative factory, and the production quantity can only enter the financial account book after signing and confirming the price.
Seven, cooperative factory management:
All parties confirm that the production affairs of the cooperative factory are managed by specific personnel designated by Party A, and all parties can understand and supervise the operation of the factory.
VIII. Transaction execution:
1. The equipment maintenance, repair and other daily expenses of the cooperative factory shall be borne by the cooperative factory.
2. The finished products are ordered by Party A, and Party A is responsible for purchasing raw materials by itself and paying the processing fees confirmed by all parties to the cooperative factory.
3. The arrangement of planned orders shall be based on the principle of profit maximization, and shall be decided through specific negotiation under special circumstances.
4. The cooperative factory shall pay social comprehensive insurance for its employees in a timely manner in accordance with relevant state regulations. Any safety accident shall be the responsibility of the factory responsible for daily management, and other parties shall not bear any responsibility. As long as the management factory participates in social comprehensive insurance for employees in time, any safety casualty accident will refer to the compensation rules of the insurance company, and the part that cannot be compensated will be borne by all parties.
5. Continue or expand the reinvestment of production, and adjust the profit distribution in the later period based on the principle of negotiated investment and the actual proportion of additional investment by all parties.
Nine. Liability for breach of contract:
If either party fails to perform this agreement, the breaching party shall pay punitive liquidated damages to the other party and compensate the other party for its economic losses.
X. termination of the contract:
1. If this agreement is not renewed after the specified termination date, this agreement will be automatically terminated. 2. All partners agree to terminate the partnership.
3. There is no legal partner.
4. Partnership affairs are completed or cannot be completed.
5. It was revoked according to law.
6. Other reasons for the dissolution of the partnership as stipulated by laws and administrative regulations.
Signature (seal) of Party A:
Date:
Signature (seal) of Party B:
Date:
Signature (Seal) of Party C:
Date:
Article 4 Agreement on Cooperative Factory Construction Party A: Yuan, male, Han nationality, 50 years old, from Wengang Village, Liu Quan Township, zhenping county, Henan Province. Party B: Liu Haitao, male, Han nationality, aged 64, lives in Yufeng Road, Hong Tong City, Shaanxi Province.
On the basis of mutual benefit, equality and voluntariness, Party A and Party B jointly set up a stone factory opposite to Wan Li New Village, Dahuaishu Town, Hongtong County through full consultation. In order to clarify the rights and responsibilities of all parties to the cooperation, the following terms of the agreement are hereby concluded and implemented.
First, the way of cooperation:
Party A holds 70% of the shares (including equipment, technology and labor services); Party B contributes, accounting for 30% of the shares.
Second, cooperation projects:
Stone processing, including procurement and sales.
Third, cooperation time.
It is tentatively set at three years, counting from the date of signing this contract. After the expiration, if both parties wish to continue cooperation, they shall revise and sign a new agreement on the basis of this agreement.
Fourth, cooperation and division of labor:
1. Party B is responsible for the receipt of RMB 23,000.00 Yuan, assisting Party A in selling products, mediating interpersonal relationships and assisting in the payment collection.
Party A is responsible for equipment investment, material procurement, product production and sales, product distribution and financial management.
2. Both parties apply for a business license.
3. 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, the parties cannot give a reasonable explanation, and all parties to the project have the right to pursue the economic and legal responsibilities of the parties. All original receipts and expenditures related to all accounts such as large expenditures (more than 20xx yuan) and income of the project must be signed by all parties and submitted to financial management.
This clerk keeps accounts.
Verb (abbreviation for verb) technology and market secrecy;
During the cooperation period, without the consent of all parties to the project, no one may transfer technology and market content, cooperate with partners other than the two parties to the project 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, of which Party A holds 70% and Party B holds 30%. Under the condition of ensuring the normal operation of the project, dividends will be paid once every six months.
2. The losses caused by product quality problems shall be borne by Party A.
Seven. Cooperative safeguard measures
1. During the cooperation period, if either party withdraws from the cooperation project without the consent of the other party, the responsible party shall compensate the infringed party for its investment losses and other due benefits during the cooperation period.
2. During the cooperation period, due to force majeure factors such as war, disaster and disease, the cooperation of the project is dissolved or the partners no longer cooperate, and 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 cancel the cooperation with the defaulting party and investigate all economic and legal responsibilities of the defaulting party. No third party may interfere.
Eight. This contract is made in duplicate, one for each party. It takes effect immediately from the date of signing.
Party A: (signature) Party B: (signature)
date month year
Article 5 of the cooperative factory building agreement: Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: Mr. _ _ _ _ _ _ (or Ms., the same below)
The Decoration Service Department (hereinafter referred to as "Party A") and Mr. _ _ _ _ _ _ _ (hereinafter referred to as "Party B") have reached the following cooperation agreement on the basis of mutual trust, mutual respect and mutual benefit:
1. On the premise of meeting the common interests of both parties, Party A and Party B voluntarily form a strategic partnership on decoration service cooperation, and Party B provides business funds for Party A, and Party A is solely responsible for the operation to achieve a win-win situation.
2. Party B shall provide Party A with a start-up capital of 40,000 yuan, strictly keep the business secrets of Party A and its customers, and shall not damage Party A's business reputation by revealing the business secrets of Party A or its customers for its own reasons.
3. When accepting the business funds provided by Party B, Party A shall act according to its own strength. When it is really impossible to implement or difficult to grasp, Party A shall openly inform and seek Party B's understanding or assistance, and shall not make a hasty commitment under circumstances beyond its power to harm Party B's interests.
Four. After Party A's operating profit, Party A and Party B each hold 50% of the profit; In case of operating losses, Party A and Party B shall make another agreement to coordinate supplementary funds.
Verb (abbreviation of verb) liability for breach of contract:
1. In the course of business execution, if the business reputation or customer relationship between the partner and the customer is damaged due to its own reasons, the injured party may unilaterally terminate the cooperation relationship immediately and demand certain economic compensation. At the same time, the injured party can no longer pay the relevant expenses that should be paid in the unfinished business, and the injured party should continue to fulfill its payment obligations.
2. When both parties distribute profits, if there is any book dispute, they can submit it to the relevant labor department for arbitration.
6. Dispute settlement: If there is any dispute, both parties shall actively negotiate to solve it; If negotiation fails, the injured party may apply to Hangzhou Arbitration Commission for arbitration.
Seven. The validity period of this agreement is tentatively set at one year, counting from the date when the representatives of both parties (Party B himself) sign it, that is, from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Eight, after the expiration of this agreement, the two sides did not propose to terminate the agreement, as both sides agreed to continue cooperation, this agreement continues to be valid, can be extended for one year, no renewal.
Nine. During the execution of this agreement, if both parties think it necessary to supplement or change it, they can sign a supplementary agreement. The supplementary agreement has the same legal effect. If the supplementary agreement is inconsistent with this agreement, the supplementary agreement shall prevail.
X. this agreement shall come into force after being sealed by both parties. This agreement is made in duplicate, each party holds one copy, which has the same legal effect.
Party A: _ _ _ _ _ _ _ Party B: Mr. (or Ms.) _ _ _ _ _ _ _
(official seal)
Representative signature: signature:
Signing place:
Date of signing:
;
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