Company establishment agreement

In the real society, men, women and children may need to use agreements to coordinate the relationship between people and things. Want to write an agreement but don't know who to consult? The following are four company establishment agreements that I have compiled for reference only. Let's have a look.

Agreement on the establishment of the company 1 Party A: ID number:

Party B: ID number:

* * * * * Co., Ltd. operated by Party A is currently in a critical period, and needs sufficient funds to start the company and open up the market. Therefore, Party A cooperates with Party B to fully implement the decision of * * * joint investment and * * * joint operation to establish a joint-stock company. This agreement is signed by both parties on the basis of equal consultation and mutually beneficial cooperation.

1. Both Party A and Party B * * * promise to own all the shares of * * * * Co., Ltd. and enjoy the right to independently possess, use, benefit and dispose of all the assets of the company. If the above rights are defective, both parties shall bear the responsibility of guaranteeing and filling them with personal and family assets.

2. Through negotiation, Party A and Party B each own 50% of the shares of * * * * * Co., Ltd.;

Third, existing companies.

1. The price of products sold on the spot is * * * ten thousand yuan;

2. The amount of benign creditor's rights is: * * ten thousand yuan;

3. The amount of bad debts: * * ten thousand yuan;

4. The amount of fixed assets is: * * ten thousand yuan;

5. Debt (payment owed to suppliers) is * * * ten thousand yuan;

The above list of creditor's rights, debts and assets is an annex to this agreement, which is signed by both parties and has the same binding force as this agreement.

Fourth, in order to accelerate the development of their respective advantages, A and B's working methods, division of labor and writing.

Party A is responsible for:

Remarks:

Party B is responsible for:

Remarks:

Three. During the cooperation period, the original share capital of both parties shall not be used for other purposes, but only for the company's operation and business dealings. All funds of * * * * Company shall be earmarked and accounted for independently.

4. After the liquidation date, both parties shall bear the debts left by * * * * * Co., Ltd. before the liquidation date or bear various expenses. The liquidation time is determined to be * * * * day of * * year. Such assets or creditor's rights are not regarded as the investment part of both parties, and both shareholders, including salesmen, should try their best to recover the receivables and minimize the losses.

5. After joint liquidation by both parties, all the equity and assets (RMB * * * * * * * *) enjoyed by them in Jiangyin Branch of * * * Co., Ltd. shall be confirmed as capital contribution. Party A has invested RMB * * * at present, RMB * * in the first phase and RMB * * in the * * month after the agreement comes into effect. At present, Party B has invested * * million yuan, with the initial investment of * * million yuan after the agreement comes into effect, another * * million yuan will be put in place before * *, and the remaining * * million yuan will be put in place before * *.

The intransitive verb equity and dividend distribution:

Both parties agree that Party A holds 50% equity of the joint-stock company;

Party B holds 50% equity of the joint-stock company;

The three parties have the right to distribute the company's dividends in proportion to the shares of the above-mentioned joint-stock company, and the amount and proportion of the actual capital invested by both parties shall not be used as the basis for distributing the dividends. If the joint-stock company generates profits, Party A and Party B can each draw * *% dividends, and the rest can be retained as working capital, so as to increase the sources of funds and expand market share.

Seven, * * * after the establishment of the company, the shareholders are authorized to be the main person in charge of the company's operation, to comprehensively handle all the company's affairs, and to realize the unified leadership of the company and independently handle the company's affairs. If there are the following major issues and major issues related to the interests of the company's shareholders, they can be implemented after the consent of the three shareholders:

1, and the single payment exceeds * * yuan;

2. Introduction of new products;

3. Major promotion activities;

4. Other important matters stipulated in the Articles of Association.

Eight, after the establishment of the joint-stock cooperative company, * * * company funds independently standardized operation, completely independent accounting, held a shareholders' meeting every month, review the company's monthly financial statements, evaluate the company's operating conditions. * * * The agency right of all products distributed by the company is vested in two shareholders * * *, and all business dealings of the factory are discussed by the company * * *. All kickbacks, bonuses, prizes or other preferential treatment owned by the factory shall be enjoyed by all shareholders.

Nine. If the company needs to increase capital in the future, both parties need to agree and sign an agreement through consultation. In order to eliminate the worries of both parties, if either party requests to withdraw its shares within * * months after becoming a shareholder, it agrees to return (or not to push) its share capital within * * days, and settle with the withdrawing party according to the bank loan interest for the same period. After the establishment of the joint-stock cooperative company, both parties shall not withdraw their shares within * * to * *. * * After the time, if any shareholder withdraws his shares, his shares will be subscribed by other shareholders. If other shareholders do not subscribe for shares, the withdrawing party may transfer the shares to a third party.

X. After the joint venture, Party A and Party B shall obtain the written consent of the factory, and the factory shall issue relevant certificates, seals or signatures for the new company and shareholders.

XI。 As a shareholder of the company, as an operator and as a rehired employee of the company, the company pays a monthly salary of RMB * * * and enjoys other rights stipulated in the employment contract. In order to better regulate the operation of funds and use funds flexibly, all cash and other assets and accounting materials of the established joint-stock company are kept and used by Party B and Party C. ..

12. After the establishment of a joint-stock cooperative company, if the nature of the company changes to an independent company, the legal representative or person in charge of the business license will be changed to.

Thirteen. Matters not covered in this agreement shall be settled by the three parties through consultation. This Agreement is made in quadruplicate, one for each party, and one for the witness. It will come into effect after being signed by both parties and confirmed by the official seal of the company.

Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _

Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Agreement on the Establishment of a Company Chapter II Chapter I General Provisions

Party A, Party B and Party C, in accordance with the relevant laws and regulations of People's Republic of China (PRC) and on the principle of equality and mutual benefit, agree to establish a limited company in * * * through friendly negotiation, and hereby conclude this agreement.

Chapter II Parties to Cooperation

Article 1 The parties to the cooperation are:

Party A: ID number:

Party B: ID number:

Party C: ID number:

Chapter III Establishment of Cooperative Operation Company

Article 2 Party A, Party B and Party C agree to jointly establish and operate in accordance with the Company Law of People's Republic of China (PRC) and other relevant laws and regulations.

Limited company (the company name is tentative, subject to industrial and commercial approval and registration, hereinafter referred to as the new company).

Article 3 All activities of the new company must abide by the laws and regulations of People's Republic of China (PRC) and relevant local rules and regulations. The legal address of the new company is:

(subject to industrial and commercial approval and registration).

Article 4 The organizational form of the new company is a limited liability company.

Chapter IV Business Purpose, Objectives and Scope

Article 5 The business purposes and objectives of the new company:

Article 6 Business scope of the new company: subject to industrial and commercial approval and registration)

Chapter V Registered Capital, Share Proportion and Profit Distribution

Article 7 The registered capital of the new company is RMB 1 10,000 yuan.

Article 8 The amount, mode and proportion of capital contribution of each party:

Party A: The mode of contribution is 1 ten thousand yuan, accounting for% of the shares (registered capital of the company). Party B: The capital contribution is RMB 10,000.00 Yuan, accounting for% of the shares (registered capital of the company). Party C: The mode of contribution is 1 ten thousand yuan, accounting for.

Article 9 The monetary contributions of Party A, Party B and Party C shall be invested into the designated account of the new company within the time specified in the Company Law and the Articles of Association.

Article 10 Party A, Party B and Party C shall share the profits of the company in proportion to their shares and bear the responsibilities.

Chapter VI Responsibilities of the Parties to the Cooperation

Article 11 Party A, Party B and Party C shall subscribe for the capital contribution according to the agreed capital contribution amount, mode and time, and shall be liable to the new company to the extent of the subscribed capital contribution. (Unless otherwise agreed)

Article 12 Investors shall enjoy the following rights:

(1) Attending the shareholders' meeting and exercising voting rights in proportion to the capital contribution;

(2) Electing and being elected as directors and supervisors;

(3) Consult the minutes of the shareholders' meeting and the company's financial and accounting reports;

(4) Distributing dividends according to the proportion of capital contribution;

(5) Divide the assets that can be distributed to investors after liquidation in proportion;

(6) Transferring capital contribution according to the articles of association;

(seven), other rights stipulated by laws and regulations.

Article 12 A shareholder's transfer of equity to a person other than a shareholder shall be approved by more than half of the other shareholders. Shareholders shall notify other shareholders in writing to agree to the transfer of their shares. If other shareholders fail to reply within 30 days from the date of receiving the written notice, they shall be deemed to have agreed to the transfer. If more than half of the other shareholders do not agree to the transfer, the shareholders who agree to the transfer shall purchase the transferred equity; Do not buy, as agreed to transfer. Under the same conditions, other shareholders have the priority to purchase the equity transferred with the consent of shareholders.

Article 13 A third party shall abide by the articles of association of the new company, keep the business secrets of the new company, and shall not disclose the business secrets of the new company to a third party.

Chapter VII Organization

Article 17 The new company shall establish a shareholders' meeting. The shareholders' meeting is the highest authority of the new company and decides all major issues of the new company. The shareholders shall exercise their voting rights in proportion to their capital contribution. Resolutions made by the shareholders' meeting to amend the Articles of Association, mortgage and transfer of major investments and important assets, increase or decrease the registered capital, and resolutions on merger, division, dissolution or change of corporate form of the company shall take effect only with the approval of shareholders representing more than two thirds of the voting rights.

Article 18 When exercising their voting rights, shareholders of the Company shall not make decisions that are detrimental to the legitimate rights and interests of the Company and other shareholders.

Article 19 The shareholders' meeting shall be held once every six months, and all shareholders shall be notified ten days before the meeting. The shareholders' meeting shall make minutes of the decisions on the matters discussed, and the shareholders present at the meeting shall sign the minutes.

Article 20 The Company shall have an executive director instead of a board of directors, who shall be appointed by Party A and be responsible to the shareholders of the Company.

Article 21 The new company shall have one supervisor, who shall be appointed by Party A and be responsible to the shareholders of the company.

Article 22 The legal representative of the new company shall be the executive director and shall be registered according to law.

Article 23 The new company shall have 65,438+0 general managers, who shall be appointed or openly recruited by Party A to be responsible for the operation and daily management of the company. Deputy general manager 1 person, in which the party is responsible for marketing and product development. (The setting of deputy general manager can be adjusted with the future development of the company)

Article 24 The financial accounting of the new company shall be appointed by Party A or openly recruited; The cashier is appointed by Party A or openly recruited. If the new company has more than two financial and accounting personnel, the personnel appointed by the party shall be the financial manager (supervisor) of the new company.

Chapter VIII Tax Financial Audit

Article 25 The new company shall pay all taxes according to the laws and relevant regulations of China.

Article 26 The new company shall, in accordance with the relevant provisions of the national accounting system, set up accounting institutions, equip accounting personnel and formulate the accounting system of the new company.

Chapter IX Term of Cooperation

Article 27 The operating period of the new company is years. Upon the proposal of one party and unanimous approval of the shareholders' meeting, an application for extension can be made to the local competent department six months before the expiration.

Chapter X Special Agreement

Article 28 After the establishment of the new company, after the capital increase and share expansion of the new company, Party A holds no less than% of the equity of the new company, and Party B holds no less than% of the equity of the new company. Party C will hold no less than% equity in the new company.

Article 29 After the establishment of a new company, it shall submit financial statements such as balance sheet and cash flow statement to all shareholders every month. And report the daily operation and major issues of the company to shareholders in writing every month.

Chapter III Disposal of Property at the Expiry of XI Cooperation

Article 30 Upon the expiration or early termination of the cooperation, the new company shall be liquidated according to law, and the creditor's rights and debts after liquidation shall be distributed according to the proportion of each partner in the new company.

Chapter XII Modification, Alteration and Termination of the Contract

Article 31 Amendments to this contract and its annexes shall come into effect only after being signed by all parties to this contract. If it needs to be reported to the relevant local authorities for approval, it shall be reported to the relevant local authorities for approval before it can take effect.

Article 32 If the Contract cannot be performed due to force majeure, or if the new company is unable to operate due to losses in successive years, the Contract may be terminated in advance through consensus of all parties or unanimous approval of the shareholders' meeting.

Chapter XIII Liability for Breach of Contract

Article 33 After the establishment of a new company, the partners shall not disclose the relevant technologies of the research and development projects undertaken by the company to a third party. Otherwise, the leaker should compensate for the losses caused to the new company.

Article 34 Party A, Party B and Party C shall invest the registered capital as agreed in this Contract and the Articles of Association, otherwise it shall be regarded as a breach of contract, and the breaching party shall pay liquidated damages to the observant party according to the equivalent amount of the registered capital invested in the new company as promised in this Agreement.

Chapter XIV Force Majeure

Article 35 If the performance of the contract is directly affected by unforeseen force majeure accidents such as earthquake, typhoon, flood, war, etc., or the contract cannot be performed according to the agreed conditions, the party encountering the above-mentioned force majeure accidents shall immediately notify all parties in writing, and shall provide the details of the accident, the reasons for the inability to perform the contract or the need to postpone the performance and its valid certification documents within 30 days from the date of the accident, which shall be issued by the notary office at the place where the accident occurred. According to the impact of the accident on the performance of the contract, all parties shall decide to terminate the contract through consultation, or partially exempt from the responsibility of performing the contract, or postpone the performance of the contract.

Chapter XV Settlement of Disputes

Article 36 All disputes arising from or related to the execution of this contract shall be settled by both parties through friendly negotiation. If negotiation fails, a lawsuit shall be brought to the court where the company is registered, and the court shall make a judgment, and the litigation expenses shall be borne by the losing party.

Article 37 In the course of litigation, except for the disputed part of ongoing litigation, this contract shall continue to be performed.

Chapter XVI Entry into Force of Contract and Others

Article 38 The subsidiary agreement documents concluded according to the principles stipulated in this contract are an integral part of this contract. This contract and its annexes shall come into effect as of the date of approval if they need to be approved by the local authorities, and as of the date of approval if they do not need to be submitted for approval.

Article 39 The establishment of a new company, the organization, the rights and responsibilities, the specific rights and obligations of shareholders and other relevant company regulations shall be stipulated in the articles of association of the new company. If the articles of association of the company do not contain the contents agreed in this contract, or conflict with the contents agreed in this contract, this contract shall prevail.

Article 40 If any party changes its name or subject, it must go through the relevant registration formalities according to law, and the changed rights and obligations party will continue to perform this contract and enjoy the rights of this contract.

Article 41 This contract is made in quadruplicate, one for Party A, Party B and Party C respectively, and one for the new company, all of which have the same legal effect and shall come into force as of the date of signature and seal.

Party A: Signature of legal representative: date of signature: year month day.

Party B: Signature of legal representative: date of signature: year month day.

Party C: Signature of legal representative: date of signature: year month day.

Part III of the Company Establishment Agreement Party A: County Breeding Co., Ltd., etc.

Authorized agent:.

B: Wait a minute.

Authorized agent:.

In order to strengthen the cooperation of all parties, Party A and Party B have reached the following agreement on the establishment of a joint venture limited company through full consultation:

1. As promoters, Party A and Party B jointly set up County Magnetic Separation Co., Ltd. in the form of a limited liability company.

2. The registered capital of the company is 6,543,800 yuan, and each party contributes 500,000 yuan on behalf of its respective shareholders. Party A makes capital contribution in cash, while Party B makes capital contribution in kind, and each party shall bear limited liability for the company's debts to the extent of capital contribution.

Three. Party A and Party B shall be responsible for the capital contribution made by the shareholders they represent in accordance with the agreed amount and time. Party A shall be responsible for all the funds of 500,000 yuan within 1 month according to the construction progress; Party B is responsible for handling relevant procedures such as land use and mining agreement before the establishment of the company. Within 30 days from the date of pre-approval of the company name, the shareholders' contribution in kind must be delivered to the company; If it is necessary to go through the formalities of property right transfer, it shall be completed within 90 days from the date of registration and establishment of the company.

Four, the company's lack of funds in the process of production and operation, the company is responsible for raising, as the company's external liabilities.

Verb (abbreviation of verb) All shareholders of the company form the shareholders' meeting, which is the highest authority of the company and is responsible for making decisions on major issues of the company. The company does not have a board of directors but an executive director; The Company has one supervisor instead of the board of supervisors.

The executive director of intransitive verbs is Ma, and the person designated by Party B is also the general manager, who is fully responsible for the daily operation and management of the company; The deputy general manager and financial officer of the Company shall be appointed by Party A ... and the supervisor shall be appointed by Party A. The appointment procedures of the above personnel shall be implemented in accordance with the Articles of Association.

Seven, the company's business scope is iron ore mining, magnetic separation and sales.

Eight. Party A and Party B * * * jointly draft the Articles of Association, which shall be signed by all shareholders after being approved by the shareholders' meeting, and shall be an integral part of this Agreement.

Nine, the company's operating conditions, financial information or major events should be disclosed on a monthly basis or at the request of shareholders, and shareholders have the right to consult the company's various operating information.

X. Party A and Party B guarantee that the management personnel appointed by them meet the requirements of the Company Law, and supervise that the appointed personnel shall not engage in the same or similar business with the Company for themselves or others.

XI。 The composition, authority and remuneration of the company's management body, shareholders' meeting, executive directors, supervisors and financial officers, and the company's taxation, financial system and liquidation system shall be implemented in accordance with the Company Law and the Articles of Association.

Twelve, the company staff rewards and punishments, financial accounting, production management and other rules and regulations, by the general manager is responsible for the formulation, reported to the shareholders' meeting for approval before implementation.

Thirteen. After various funds are withdrawn according to regulations, the company's profits will be distributed according to the proportion of shareholders' investment.

Fourteen Matters not covered in this agreement shall be supplemented by shareholders through consultation. The supplementary agreement is an integral part of this agreement. If the supplementary agreement is inconsistent with this agreement, the supplementary agreement shall prevail.

15. Any dispute arising from the performance of this Agreement shall be settled by both parties through friendly negotiation. If negotiation fails or both parties are unwilling to negotiate, either party may bring a lawsuit to the people's court where Party A is located.

16. This agreement shall come into force as of the date of signature and seal by both parties.

17. This agreement is made in duplicate, one for each party, and each copy has the same legal effect.

Party A: _ _ _ _ _ _ _ _ _

Party B: _ _ _ _ _ _ _ _ _

200018 February

Article 4 Company Establishment Agreement Party A: ID number: address: Party B: ID number: address: risk warning:

There are many ways of cooperation, such as setting up a company, developing software, buying and selling products, etc. Different cooperation methods involve different project contents, and the corresponding terms of the agreement may be quite different.

The terms of this agreement are based on specific projects and are for reference only. In practice, it is necessary to modify or redraft the terms according to the actual cooperation mode, project content, rights and obligations of both parties, etc. Based on the principle of equal cooperation, mutual benefit and win-win, Party A and Party B, through friendly negotiation, reached the following agreement on matters related to Party A entrusting Party B to set up and operate a branch.

I. Risk warning of Party A's rights and obligations:

The rights and obligations of all parties to the cooperation should be clearly agreed to avoid wrangling in the actual operation of the project.

Once again, warm reminder: due to the inconsistency between the cooperation mode and the project content, the rights and obligations of all parties are also inconsistent, which should be formulated according to the actual situation.

1. According to relevant national laws and regulations, provide legal basis such as business qualifications, handle necessary formalities such as branch registration and filing, and open a branch in _ _ _ _ _ _.

2. Party A has the right to examine and identify the identity certificate provided by Party B to prove that it has fulfilled the obligations stipulated in this agreement.

3. Party A shall provide Party B with the necessary documents to entrust Party B to set up a _ _ _ _ _ _ _ branch in the industrial and commercial department, and authorize Party B to go through the establishment procedures.

4. After the establishment of _ _ _ _ _ _ _ _ _ _ _ Company,

5. Party A shall provide channels for neighboring employers to ensure that Party B provides qualified personnel. ..

6. Party A has the right to supervise the establishment and operation of branches by Party B. ..

7. When Party B encounters difficulties in establishing and managing _ _ _ _ _ _ _ _ _ _ _ _

8. When Party A thinks that Party B's work is invalid or Party B's behavior is harmful to Party A's interests or Party B fails to perform its obligations in accordance with this Agreement, Party A has the right to withdraw the procedures provided to Party B and revoke the authorization to Party B. ..

Two. Rights and obligations of Party B

1. Party B is responsible for establishing _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

2. Party B shall be responsible for all business activities after the establishment of _ _ _ _ _ _ _.

3. All the work of Party B's operation of _ _ _ _ _ _ _ branch can be radiated to _ _ area where there is no branch at present, and Party B shall not conduct business in this area after establishing a branch in _ _ _ _ _.

5. Party B shall not use the branch of _ _ _ _ _ to engage in any behavior that does not meet the interests and requirements of Party A.. Otherwise, Party B shall compensate Party A for all the economic losses caused thereby, and bear the corresponding legal responsibilities alone.

6. In the operation of _ _ _ _ _ _ _ _ _ _ _

Three. Profit Distribution When Party A provides the employing unit, Party A gets _ _ _ _ _ _ _% profit and Party B gets _ _ _ _ _ _ _% profit. If Party B contacts the employing unit by itself, Party B will get _ _ _ _ _% profit and Party A will get _ _ _ _ _% profit.

Four, branch management and XX processing

1, the branch shall conduct independent accounting at its own expense.

2. All operating costs and taxes arising from the establishment and operation of the branch shall be borne by the branch.

3. On the day of each year, the company shall conduct accounting for the operation of the previous year.

4. Although legally speaking, the branch does not have the qualification of an independent legal person, the relevant provisions of this agreement, such as independent accounting and profit distribution, are binding on both parties. During the contract period, if the property losses of the branch are caused by other debts of Party A, the consequences of the losses shall be borne by Party A. Similarly, if the property losses of Party A are caused by the debts of the branch, Party B shall also bear the consequences of the losses.

Verb (short for verb) others

1. This agreement can only take effect after being signed by both parties.

2. Any dispute in this agreement shall be settled through negotiation. If negotiation fails, a lawsuit shall be brought to the people's court of _ _ _ county according to law.

3. The validity period of this agreement is _ _ _ _ _. As of the effective date of this agreement.

4. This Agreement is signed in the form of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.