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How to write the main contents of the contract?
Article 12 of China's "Contract Law" stipulates that the contents of a contract shall be agreed by the parties, generally including the following clauses:
(1) The name and domicile of the party concerned;
(2) Subject matter;
(3) quantity;
(4) quality;
(5) Price or remuneration;
(6) Time limit, place and method of performance;
(7) Liability for breach of contract;
(8) Methods for resolving disputes.
How to write a contract overview of 30 points?
It is an overview of the main contents of the contract.
How should the contract be written
Model commercial cooperation contract
Partner: Party A (name), male, born in ×××××, address:
Partner: B (name), same as above.
Based on the principles of fairness, equality and mutual benefit, the partners have reached the following partnership agreement:
Article 1 Party A and Party B are willing to jointly operate ××× (project name) with a total investment of ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Article 2 When a partnership enterprise is established according to law, Party A shall be responsible for industrial and commercial registration.
Article 3 The term of operation of this partnership is three years. If it is really necessary to extend the time limit, the relevant formalities shall be handled six months before the expiration.
Article 4 * * Two partners in a partnership jointly operate and work together, and * * * bears risks and * * * bears profits and losses.
Enterprise surplus is distributed in proportion to investment.
The company's debts shall be borne in proportion to the capital contribution. After either party pays off its debts, the other party shall pay off its share to the other party within ten days in proportion.
Article 5 Other people may join the Company, but only with the consent of Party A and Party B, and go through the formalities of increasing capital contribution and sign a supplementary agreement. The supplementary agreement has the same effect as this agreement.
Article 6 The partnership enterprise shall be terminated under any of the following circumstances:
(1) The term of the partnership expires;
(2) The cooperation parties reach an agreement through consultation;
(3) The partnership business has been completed or cannot be completed;
(4) Other laws and regulations.
Article 7 For matters not covered in this Agreement, both parties may make supplementary provisions, and the supplementary agreement has the same effect as this Agreement. Article 8 This Agreement is made in × copies, with each partner holding one copy. This agreement shall come into force as of the date of signature (or seal) by both parties.
Partner: ××× (signature)
Partner: ××× (signature)
X year x month x day
-
Authorized party: Guangzhou Er Ru Clothing Co., Ltd. (hereinafter referred to as "Party A");
Official website: Legal Authorized Person:
Legal address: No.33 Huangpu Avenue West, Tianhe District, Guangzhou 10g2 Sanxin Building Postal Code: 5 10620.
Authorized party: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as "Party B")
Website of online shop: legal representative: _ _ _ _ _ _ _ _
Legal address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Through negotiation, Party A and Party B reach the following agreement on Party B's consignment of Party A's "Avanda Shirt" in the online mall:
Second, the term of the contract.
The franchise period of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Third, online shop consignment business.
1, Party A hereby authorizes Party B to be the distributor of the online shopping mall, and Party B has the right to sell all the displayed goods of Party A in official website as an agent.
2. During the authorization period, Party B will reprint the pictures of Party A's products from Party A's official website to its online store for display and sale, and Party A will guarantee that the pictures of products provided are in conformity with the real objects, ensure the quality meets the relevant national standards and grades, and provide the source of goods.
3. Party B guarantees that the sales price of the products sold in its online mall is consistent with the sales price marked by Party A's official website (the sales price here is the lowest sales price in official website); Any preferential treatment or discount of Party B shall not be directly reflected in the sales of "Avanda Shirts".
4. In order to maintain the unity of the company's brand image, Party B must mark the graphic trademark and website of "Avanda Shirt" in an obvious position in the online store, and ensure that Party A's goods are sold in at least one column, and goods of other brands are not allowed to be sold in this column.
5. In order to show the sincerity of cooperation with Party A, during the contract period, if Party A launches other new series of goods and services except "Avanda Shirts", Party B has the priority agency.
6. Without the permission of Party A, Party B shall not transfer the agency right granted by Party A to any third party in any form.
7. Party A will conduct regular and irregular network audits to ensure that Party B has standardized its online store according to Party A's requirements and is consistent with Party A's official website.
Fourth, consignment mode and rights and interests.
1, Party B sells the goods on commission. After the customer places an order in Party B's online mall, Party B must also place an order in Party A's official website and fill in the customer's detailed receiving information, and Party A will deliver the goods according to the order (postage is free for a single address in 200 yuan).
2. Define two different payment methods for customers, as follows:
A) guests ......
How should the contract be written? What is the specific outline (detailed)?
I'll send you a sample, but it's not necessarily a business one. You can use the format and leave the necessary terms. Generally speaking, you don't need notarization, but if you want insurance, you should go to the notary office for consultation. Contract Letter Party A: hereinafter referred to as Party A) Address: Legal Representative: Telephone: Fax: Bank of Account: Account Number: Postal Code: Party B: (hereinafter referred to as Party B) Address: ID Card Number: Telephone: Postal Code: On the basis of equality and mutual benefit, Party A and Party B decide that Party B agrees to use the "LCD TV Broadcasting Network for Advanced Commercial Buildings (hereinafter referred to as Broadcasting Network)" operated by Party B, as follows:/kloc Party A invests in the acquisition of the simulcast network operated by Party B. 2. The goods sold by Party B include: 45 sets 17-inch LCD TV players (CD players), LCD TV players not less than 1 10 installed in Guiyang, and not less than 34 sets installed in Zunyi (including the lease contract, see the annex to this contract for details). 3. In order to facilitate the actual operation of Party A after the transfer, Party B agrees to transfer its affiliated Guizhou Hanhe Advertising Communication Co., Ltd. to Party A. 4. The ownership of all other advertising media operated by Party B in Guizhou Hanhe Advertising Communication Co., Ltd. except the simulcast network, and the office space, fixed assets, working capital and project ownership leased by the original Guizhou Hanhe Advertising Communication Co., Ltd. are not transferred. 2. The transfer fee is 65,438+0, and the total transfer fee is RMB one million five hundred thousand Yuan only (65,438+0,500,000.00). Three. Pay the transfer fee 1. Party A shall pay the first transfer fee of RMB 500,000.00 Yuan to Party B within three days from the signing date of this contract. 2. Party A shall pay the remaining transfer fee of 100000 Yuan to Party B by installments, that is, 10000 Yuan before May 2005 and10000 Yuan before May 2005. 3. The payment method is RMB cash or remitted by Party A to the bank account designated by Party B. 4. About the building rent 1. Building rent refers to the rental fee or management fee, electricity fee and public relations fee paid by the simulcast network project to the property management company or the owners of various installation points for installing LCD TV players. 2. From the date of signing this contract, Party A shall bear all the rent of the house. 3. The rent paid by Guizhou Hanhe Advertising Communication Co., Ltd. shall be borne by Party B before September 2005 1 and by Party A after September 2005 1. 4. Party A shall pay part of the building rent paid by Guizhou Hanhe Advertising Communication Co., Ltd. to Party B in one lump sum within 3 days from the date of signing this contract. V. With regard to the LCD TV player 1, from the date of signing this contract, except for the 45 players specified in the second paragraph of Article 1 of this contract, all other required players will be solved by Party A. 2. Before the players of Party A are in place, Party B will try its best to help Party A keep the existing players working normally. However, if the player originally installed by Guizhou Hanhe Advertising Communication Co., Ltd. must be dismantled due to objective factors, Party A shall promptly solve the problem of reinstalling the player, and Party B shall not be responsible. With regard to the production and replacement of CF cards and CDs, Party A shall be responsible for the production and replacement of CF cards and CDs from the date of signing this contract. 2. Before the original player of Guizhou Hanhe Advertising Communication Co., Ltd. was replaced by the player of Party A, in order to ensure the stability of the simulcast network, Party B still helped Party A to complete the production and replacement of the CF card and the playing CD of the original simulcast network of Guizhou Hanhe Advertising Communication Co., Ltd.. The expenses arising from Party B's assistance to Party A in making and replacing CF cards and playing CDs of simulcast network shall be borne by Party A.. About creditor's rights and debts 1. All creditor's rights and debts incurred by Guizhou Hanhe Advertising Communication Co., Ltd. during the operation of Party B shall be borne by Party B, which has nothing to do with Party A. 2. The creditor's rights and debts incurred by Guizhou Hanhe Advertising Communication Co., Ltd. during the operation of Party B due to house rent shall be handled in accordance with the relevant provisions in Article 4 of this contract. 3. The creditor's rights and debts of Guizhou Hanhe Advertising Communication Co., Ltd. arising from house rent during Party B's operation shall be handled in accordance with the relevant provisions in Article 4 of this contract. Eight. Other matters 1. After the signing of this contract, Party A can set the sales price and advertise the sales according to the coverage of the transferred simulcast network. 2. Party A shall make the following arrangements before every Friday 17: 00 under the circumstances specified in Paragraph 2 of Article 6 of this Contract. ......
How to write a formal labor contract?
Work and work are in the same book.
(Fixed term)
Basic information of both parties to the labor contract
The first party
Legal representative (principal responsible person) or entrusted agent:
Registered address:
Business address:
party B
Name: Gender:
Resident identity card number:
Or other valid certificate name: certificate number:
Date when Party A starts to work
Home address: Postal code:
Temporary address: Postal code:
Location of registered permanent residence: street (township) of province (city) district (county)
Date of signature: year month day.
According to the Labor Contract Law of People's Republic of China (PRC) and relevant laws and regulations, Party A and Party B sign this Labor Contract on the principles of equality, voluntariness, unanimity through consultation, legality, fairness, honesty and credibility, and promise to abide by it together:
Article 1 Type and duration of contract
Party A and Party B choose the following form to determine the term of this contract:
(1) Fixed term, from _ _ _ _ _ _ _ _ year to _ _ _ _ _ _ _ _ _ _ _.
(2) The probation period starts from _ _ _ _ _ _ _ _ years.
(3) Party B shall arrive at work before.
Note: The Labor Contract Law has adjusted the provisions of the Labor Law on the termination of labor contracts. Cancel the agreement to terminate the labor contract, stipulating that the labor contract can only be terminated due to legal circumstances. In other words, the parties to a labor contract may not agree on the termination conditions of the labor contract; Even if it is agreed, the agreement is invalid.
The reason why the arrival time is stipulated is because the Labor Contract Law stipulates that the establishment date of labor relations is the date of employment (generally based on the arrival date), and employees do not arrive at the post after signing the contract, so enterprises cannot terminate the contract casually, which has high legal risks and costs. Therefore, we should agree on the time to arrive at the workplace, so that the contract will automatically become invalid in the future.
Article 2 Work content and work place
(1) According to Party A's work needs, Party B agrees to take up post work. According to Party A's work needs, Party A and Party B can change the work place through consultation.
(2) Party B shall, according to the requirements of Party A, complete the specified quantity of work on time and reach the specified quality standards.
Note: The place of work is a new necessary clause in the Labor Contract Law. Clauses such as "workers are willing to obey the employer to adjust their jobs due to the needs of production and operation" or "the employer has the right to adjust the workers' jobs according to the needs of production and operation" are no longer written into the contract. The reason is that job adjustment is an act of changing the contract. According to the Labor Contract Law, changes need to be made in writing. Therefore, the agreement is suspected of depriving workers of the right to change the contract through consultation, and the clauses that the employer exempts itself from legal responsibility and excludes workers' rights are invalid.
Article 3 Working hours and rest and vacation
(1) Party B shall implement the following working hours system.
1. In case of irregular working hours, Party A and Party B shall arrange working hours and rest and vacation through consultation.
(2) Where Party A arranges Party B to extend working hours due to work needs, it shall also arrange Party B to take compensatory time off or pay overtime wages according to law.
(3) Party B shall enjoy the holidays stipulated by the state and the vacation system stipulated by the unit according to law.
Note: Working hours, rest and vacation are new necessary clauses in the Labor Contract Law.
Article 4 Labor protection and working conditions
(1) Party A shall provide Party B with necessary safety protection measures and distribute necessary labor protection articles according to the needs of production posts and relevant national regulations on labor safety and hygiene.
(2) Party A establishes a safety production system according to relevant national laws and regulations; Party B shall strictly abide by Party A's ......
How to write a labor contract?
A labor contract is a written agreement that reflects the labor relationship between the employer and the employee.
A labor contract shall generally include the following contents:
1, theme and its basic information
2. Contract terms
3. Work content and place
4. Conditions of use
5. Labor remuneration
6. Social insurance
7, labor discipline
8. Termination conditions, etc.
How to write a contract? What are the requirements? In what format? In what language?
First of all, we must make clear what kind of contract it is.
The essence of a contract is concerned with the subject of the contract, the object of the contract, the amount involved in the contract, the relevant liability for breach of contract and the jurisdiction of litigation or arbitration. These suggestions should be clearly agreed. This is required for almost all types of contracts.
As for the language, French is definitely the best. If you have no idea, you can search Baidu for the template of the relevant contract.
How to write the supplementary agreement of the tripartite agreement? Specific content
Tripartite agreement is the abbreviation of National Employment Agreement for Graduates of Colleges and Universities. It is a written form that clarifies the rights and obligations of graduates, employers and schools in graduate employment, and can solve a series of related problems such as household registration, archives, insurance, provident fund and so on. The agreement will be automatically terminated after the graduates report to the unit and the employer formally accepts it.
Once the tripartite agreement is signed, it means that the first job of college students is basically determined. Therefore, fresh graduates should pay special attention to signing contracts. A teacher from the Employment Office of colleges and universities said that college students should carefully check the affiliation of employers before signing a tripartite agreement. State organs, institutions and state-owned enterprises generally have the right to receive personnel. Private enterprises and foreign-funded enterprises need to be approved by the personnel bureau or the talent exchange center to recruit employees, and they must sign the agreement to be effective. Fresh graduates should also have an understanding of the special regulations of local personnel departments.
Tripartite employment agreement is different from labor contract. First of all, the tripartite employment agreement is uniformly printed by the Ministry of Education, mainly to clarify the basic situation and requirements of the three parties. The tripartite employment agreement is based on the national laws and regulations on the employment of college graduates, and the validity period is from the date of signing to the time when the graduates report to the employer. Labor contracts are restricted and protected by labor law and contract law. Some employers, such as many foreign companies, require graduates to sign similar labor contracts when they confirm their employment (note: before reporting to the employer). More employers require to sign an "employment letter of intent" first, and then sign a labor contract after the graduates report for duty. Secondly, the employment agreement is a tripartite contract involving schools, employers and students. The three parties are interrelated and independent. A labor contract is a contract between two parties, which consists of the rights and obligations of both workers and employers. Third, graduates are still students when signing employment agreements, but they should be workers when signing labor contracts. Once the labor contract is signed, the employment agreement becomes invalid. If there is any contradiction between the labor contract and the annex of the tripartite agreement, the labor contract shall prevail.
Pay attention to four aspects when signing a labor contract and five details when signing a tripartite agreement.
When signing a labor contract, college students should be clear about their posts and duties, otherwise the employer will use the transfer method to oppress you to resign voluntarily in disguise and send you away without paying any economic compensation. Second, it is necessary to prevent employers from repeatedly extending the probation period through job hopping, because the same person in the same position cannot apply the probation period twice, and there is no job hopping restriction. Third, to specify the minimum wage standard in the labor contract, it is best to fix the year-end bonus clause as part of the salary. Because China has not defined the year-end bonus for the time being, this legal gap may be used by employers and will become a way to deduct wages in the future. Fourth, it is necessary to know whether the employer provides social insurance for employees. If there is no social security, it is equivalent to a lot of wages, and you can't enjoy the social security benefits of the state and units.
When signing a tripartite agreement, college students should first look at whether the name of the employer filled in is consistent with the name of the effective seal of the unit. If not, the agreement is invalid. When filling in your own professional name, it should be consistent with the professional name of the academic affairs office of the school and cannot be abbreviated. Second, foreign companies, joint ventures and private enterprises generally adopt a probation period, which can range from 1-3 months according to the length of the contract. Usually, the probation period is 3 months, and shall not exceed 6 months. State organs, universities and research institutes generally take a probation period, which is generally one year. Third, many units bind students with high liquidated damages in order to retain them. Students should try their best to minimize the liquidated damages during negotiation, which usually does not exceed 5,000 yuan. Fourth, the current employment agreement for graduates is a "format contract", but the "Remarks" section allows the three parties to separately stipulate their rights and obligations. In order to prevent the employer from committing one thing to another, graduates can explain the welfare benefits such as vacation, housing and insurance reached before signing the contract in the remarks column, and in case of disputes, they can defend their rights according to law. Fifth, students should strictly follow the prescribed steps when signing the agreement. Wait for the employer to fill in and stamp, and then go to the school employment guidance center for visa and stamp. Don't fill it out and go directly to the employment guidance center for school graduates. You should stamp it. The consequence of this is that when the unit fills in the form, the salary is very different from what it promised in the past. But the students can't do anything, because they have signed and sealed with the school. Either accept resignation or be forced to compensate the employer for breach of contract.
Tripartite agreement as a country ......
How to write the agreement?
Hello, the main contents of the agreement are the rights and obligations of both parties, the way to exercise rights and the way to perform obligations. Be as clear as possible in terms of rights and obligations.
Party A:
Party B:
Based on the principle of sincere cooperation, equality and mutual benefit, Party A and Party B have reached the following agreement on relevant cooperation matters through friendly consultation for mutual compliance:
Article 1: Scope of cooperation
Article 2: Term of Cooperation
The cooperation period is * * * days to * * days.
Article 3: Charging Standard and Settlement Method
1. charging standard: the total cost of the above content is RMB _ _ _ _ _ _ _ _ _.
2. Settlement method: Party A shall pay% of the total price in cash on the day of signing this contract, and% after passing the entrance inspection, and the balance shall be paid to Party B in a lump sum in cash on the day of ending the activity.
Article 4: Rights and obligations of both parties
(I) Rights and obligations of Party A
1、
2、
3、
(II) Rights and obligations of Party B
1、
2、
3、
4、
5. The infrastructure acceptance date of this activity is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 5: Liability for breach of contract
1. If Party B fails to perform the contract as stipulated in the contract, it will be a breach of contract, and Party A shall be given economic compensation, and the amount of compensation shall be implemented in accordance with the relevant provisions of the Contract Law.
2. If Party A fails to make the payment on time, it shall pay Party B a 5% overdue fine according to the Contract Law.
3. The determination of the entrustment content, total expenses, entrustment change, suspension, dissolution and early termination of this Agreement shall be confirmed by both parties in writing. If either party breaches the contract, the breaching party shall compensate the other party.
Article 6: Others
1. This agreement is made in duplicate, with each party holding one copy. All have the same legal effect.
2. Matters not covered in this agreement shall be settled by both parties through negotiation and a supplementary agreement shall be signed separately.
3. This agreement shall come into force as of the date of signing.
Party A (seal): Party B (seal):
Legal representative (signature): Legal representative (signature):
Or appoint an authorized person; Or appoint an authorized person;
Account? Account number: account number:?
Bank of deposit: Bank of deposit:
?
This contract was signed on. ...
How to write a shareholder agreement contract, and what should I pay attention to?
Mainly the proportion of capital contribution, shareholding ratio, dividend distribution method and exit mechanism (this is the most important point, there is no permanent partnership). I'll give you a copy of the articles of association for your reference:
Articles of Association of Qingdao Daqin Massage Co., Ltd.
Chapter I General Provisions
Article 1 In order to regulate the company's behavior and protect the legitimate rights and interests of shareholders, the Articles of Association is formulated in accordance with the Company Law of People's Republic of China (PRC) and relevant laws and regulations, and in combination with the actual situation of the company.
Article 2 Company Name: Qingdao Daqin Massage Co., Ltd.
Article 3 Company domicile: No.753-17 Jinshui Road, Licang District, Qingdao.
Article 4 The Company is established by joint investment of * * * and * * * *.
Article 5 The company is registered in Qingdao Administration for Industry and Commerce according to law and obtained the legal person status. The company will operate for a long time.
Article 6 The company is a limited liability company, which carries out independent accounting, operates independently and is responsible for its own profits and losses. Shareholders are liable to the company to the extent of their capital contribution, and the company is liable to the debts of the company with all its assets.
Article 7 A company shall resolutely abide by the laws, regulations and articles of association of the state, safeguard the public interests of the state and society, and accept the supervision of * * *.
Article 8 The articles of association are binding on the company, shareholders, executive directors, supervisors and managers.
Article 9 The Articles of Association shall come into effect after being discussed and approved by all shareholders.
Chapter II Business Scope of the Company
Article 10 Business scope of the company: medical care.
Chapter III Registered Capital of the Company
Article 11 The registered capital of the company is RMB 30,000.
Chapter IV Names of Shareholders
Shareholder A: * * ID number:
Shareholder B: * * ID number:
Chapter V Rights and Obligations of Shareholders
Article 12 Rights enjoyed by shareholders
1, entitled to vote according to its share of capital contribution;
2. Have the right to elect and be elected as executive directors and supervisors;
3. The right to consult the minutes of the shareholders' meeting and the financial and accounting reports;
4. Distribute dividends in accordance with laws, regulations and the Articles of Association;
5. Transfer equity according to law, and give priority to purchase equity transferred by other shareholders of the company;
6. Give priority to subscribe for the company's newly-increased registered capital;
7. After the termination of the company, obtain the remaining property of the company according to law.
Article 13 Obligations of shareholders
1. Pay the subscribed capital contribution;
2. Undertake the debts of the company according to the subscribed capital contribution;
3. After the company is registered, it shall not withdraw its capital contribution;
4. Abide by the Articles of Association.
Chapter VI Mode and Amount of Contribution of Shareholders
Article 14 The capital contribution of shareholders of the Company is as follows:
Shareholder A:* * * * contributed in cash, with the contribution amount of RMB 654,385,300 Yuan only, accounting for 565,438+0% of the registered capital, and the contribution date was May 8, 2009.
Shareholder B: * *, with a capital contribution of 65,438+04 700 yuan, accounting for 49% of the registered capital, on May 8, 2009.
Chapter VII Conditions for Shareholders to Transfer Equity
Article 15 Shareholders are free to transfer their shares.
Article 16 Shareholders transfer their equity to persons other than shareholders:
1. It needs the consent of more than half of the shareholders with voting rights;
2. Shareholders who disagree with the transfer shall purchase the transferred equity. If you don't buy the transferred equity, you are deemed to agree to the transfer.
3. Under the same conditions, other shareholders have the preemptive right.
Chapter VIII Organization, Formation Method, Authority and Rules of Procedure of the Company
Article 17 The shareholders' meeting of the company is composed of all shareholders. The shareholders' meeting is the authority of the company and shall exercise the following functions and powers according to law:
1. Decide on the company's business policy and investment plan;
2. Elect and replace the executive director and decide on the remuneration of the executive director;
3. Elect and replace supervisors appointed by shareholders' representatives, and decide on the remuneration of supervisors;
4. Review and approve the report of the executive director;
5. Review and approve the report of the supervisor;
6. To review and approve the company's annual financial budget and final accounts;
7. Review and approve the profit distribution plan and loss recovery plan of the company;
8. To make resolutions on increasing or decreasing the registered capital of the company;
9. Shareholders make resolutions on the transfer of equity to persons other than shareholders;
10. Make resolutions on merger, division, change of corporate form, dissolution and liquidation of the company;
1 1. Modify the Articles of Association.
Article 18 Shareholders' meetings are divided into regular meetings and interim meetings, which are convened and presided over by the executive director. When the executive director is unable to perform his duties due to special reasons, it shall be convened and presided over by the shareholders designated by the executive director.
When the company has major problems, it should hold a regular meeting once a year. ......
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