Model investment agreement contract 1
Party A: _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
After full consultation, on
Model investment agreement contract 1
Party A: _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
After full consultation, on the basis of equality and voluntariness, Party A and Party B have reached the following agreement on the shareholding in _ _ _ _ _ _ _ Hotel:
I. Business entities:
2. Business scope: accommodation, catering, entertainment, etc.
Three. Operation period: from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Four. Mode and amount of capital contribution
1. Party A has invested RMB _ _ _ _ _ _ _ _ _ _ _.
2. The capital contribution of Party B is RMB _ _ _ _ _ _ _ _ _ _.
Verb (abbreviation of verb) profit distribution and tax.
1. After the end of each fiscal year, the net profit of the hotel (company) shall be distributed to all parties in proportion to the registered capital investment of the hotel (company). "Net profit" refers to the remaining amount after deducting the following expenses from gross profit:
(1) The gross profit of the hotel (company) after deducting income tax according to the relevant laws and regulations of China and the provisions of this contract;
(2) The amount of the reserve fund established by the shareholders' meeting according to the relevant laws and regulations of China;
(3) according to the amount of funds required for the development, expansion and reinvestment of the hotel (company) determined by the shareholders' meeting;
(four) according to the relevant laws and regulations of China or the shareholders' meeting decided to set up the staff and workers' bonus and welfare fund.
2, the hotel (company) profits, after the extraction of reserve fund, enterprise development fund and employee welfare incentive fund, according to the following proportion:
Party A: _ _ _ _ _ _%;
Party B: _ _ _ _ _ _%;
Others: _ _ _ _ _ _%;
Both parties shall bear the losses or risks of the hotel (company) according to the above proportion.
3. The proportion of reserve fund, hotel (company) development fund and employee welfare incentive fund listed in the preceding paragraph shall be decided by the shareholders' meeting, but it shall not exceed _ _ _% of gross profit.
6. Withdrawal of shares and transfer of capital contribution
1, withdrawal:
(1) Party B is unwilling to continue the operation upon the expiration of the operation period;
(2) There must be justified reasons for withdrawing shares;
(3) Not withdrawing shares under unfavorable operating conditions;
(four) after the withdrawal of shares, the settlement shall be made according to the property status at the time of withdrawal, and the capital contribution shall be settled in any currency;
(five) if the withdrawal of shares without the consent of the partners causes losses to the partnership, compensation shall be made in accordance with the hotel's shareholding agreement.
2. Transfer of capital contribution: Party B is allowed to transfer its own capital contribution, and the partner has the priority to be transferred. If a third party other than a partner is transferred, the third party will be regarded as a shareholder.
Seven, the parties have one of the following circumstances, of course, to avoid:
1, dead or legally declared dead;
2. Being declared as a person without civil capacity according to law;
3. Personal insolvency;
4. All the share of property rights of hotels (companies) shall be enforced by the people's court.
Of course, the date of withdrawal is the date when legal reasons actually occur.
Eight, the parties have one of the following circumstances, with the unanimous consent of the board of directors of the company, can be removed by resolution:
1, failing to fulfill the obligation of capital contribution;
2. Causing losses to the hotel (company) due to intentional or gross negligence;
3. There is misconduct in the execution of hotel (company) affairs.
The removed celebrity shall take effect from the date of receiving the notice of removal, and the removed celebrity shall withdraw his shares. If a celebrity who has been removed from the list disagrees with the removal, he may bring a lawsuit to the people's court within _ _ days from the date of receiving the notice of removal.
Nine. Rights of shareholders
1. Consult and copy the Articles of Association, minutes of shareholders' meetings, resolutions of board meetings, resolutions of board meetings and financial and accounting reports;
2. Share the company's profits according to the equity ratio;
3. The right to vote on corporate affairs.
X. Obligations of shareholders
1. Pay the capital contribution in full and on time;
2. Share the operating risks and losses of the company;
3. Abide by laws, regulations and articles of association, and exercise shareholders' rights according to law, and shall not harm the legitimate interests of the company or other shareholders.
Xi. Hotel decoration. After normal business, and participating in stock investment, the share capital is calculated according to the operating value of the store at that time, and the new shareholder becomes a shareholder. All shareholders can evaluate the value before investing in stocks.
Twelve, the beginning and end of each month inventory, net profit has a professional accounting. Dividend the net profit of the total turnover of the previous month before _ _ every month.
Thirteen. The company has significant investment, and all expenses for study, inspection and training abroad are shared according to the proportion of shares.
Fourteen responsibility for breach of contract
1. Party A and Party B shall consciously abide by the above provisions and shall not violate them for any reason. If either party breaches the contract, the other party has the right to demand liquidated damages of _ _% of the agreed amount from the other party as compensation.
2. Those who take advantage of the interests of the sales company (pocketing, selling drinks and articles, taking kickbacks, making false financial data, making irresponsible remarks to suppliers, causing serious accidents) will be deducted from the dividends of the month and punished according to the business value. If the circumstances are serious, they will be dismissed and all the shares will be deducted.
15. Matters not covered in this contract shall be decided by both parties through consultation, and their decisions shall have the same effect as this contract.
16. Any dispute arising from this agreement can be settled by both parties through consultation. If no settlement can be reached within _ _ _ days after negotiation, both parties agree to submit the dispute to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
17. This agreement shall come into force as of the date of signature and seal by both parties, and the validity period shall be years.
Eighteen. This Agreement is signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A (signature): _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _
Date of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model II of Investment Share Agreement Contract
* * The limited liability company increased its registered capital by RMB, and added new shareholders to form a new shareholders' meeting. Through friendly negotiation by all shareholders, the following agreement is reached:
I. Company name, business scope, legal address and legal representative Company name:
Scope: scope:
Legal address:
Legal representative:
Second, shareholders.
Party A: ID number:
Party B: ID number:
Party C: ID number:
Party D: ID number:
Three. Mode of contribution and proportion of shares:
Party A contributes RMB 1 ten thousand yuan (in kind, cash, property right, technology and land use right), accounting for% of the shares;
Party B contributes RMB 1 ten thousand yuan (in kind, cash, property rights, technology and land use rights), accounting for% of the shares;
Party C contributes RMB 1 ten thousand yuan (in kind, cash, property rights, technology and land use rights), accounting for% of the shares;
Party D contributes RMB 1 ten thousand yuan (in kind, cash, property rights, technology and land use rights), accounting for% of the shares;
Four. Rights and obligations of shareholders
1, right
(1) Attend the shareholders' meeting and enjoy the right to vote according to the share of capital contribution.
(2) Understand the operating status and financial status of the company.
(3) Dividend according to the proportion of capital contribution.
(4) When the company increases its capital, shareholders can give priority to subscribed capital contribution.
(5) Other rights granted by laws, administrative regulations and the Articles of Association.
2. Obligations
(1) All shareholders must subscribe for the capital contribution as agreed, and deposit the capital contribution in full into the company account within the signing date. Failing to pay the capital contribution in accordance with the regulations, in addition to paying the capital contribution in full to the company, it shall also be liable for breach of contract to the shareholders who have paid the capital contribution in full and on time.
(2) Shareholders shall abide by the Articles of Association and keep company secrets.
(3) Shareholders shall be liable to the Company according to the amount of capital contribution they have subscribed. After the capital contribution, the capital contribution shall not be withdrawn.
(4) The capital contribution certificate (shareholder's identity certificate) issued by the company to shareholders shall not be traded or mortgaged privately, and only serve as the basis for dividends and risk sharing within the company.
(5) Shareholders who intentionally or negligently infringe upon the interests of the company in the course of business operations shall be liable for compensation to the company or other shareholders.
(6) Other obligations stipulated by laws, administrative regulations and the Articles of Association.
Verb (abbreviation for verb) responsibility and division of labor
1. The company has no board of directors, but two executive directors and one supervisor. The two executive directors are the general manager and the deputy general manager respectively, which can be adjusted in case of major problems or with the unanimous consent of all shareholders.
2. As the executive director and general manager of the company, be responsible for the operation and management of the company; Draw up the heads of all departments of the company; Formulate various management systems of the company; Determine the financial expenses required for normal operation (if the total amount exceeds the necessary amount in a single time or within a certain period, the expenses shall be decided by the shareholders with their informed consent).
3. Serve as the deputy executive director and deputy general manager of the company, responsible for the company's financial management and market planning, and assist the general manager in business management;
4. As the company's supervisor, responsible for checking the company's finances and supervising the behavior of the company's management personnel such as the general manager and deputy general manager; Timely correct the behavior that harms the interests of the company.
5. All shareholders in the company's sales, procurement, investment, finance and other work have the right to know. If there is any objection to the related work, the main person in charge must make a reasonable explanation and properly handle it. The production scale, business plan, investment plan and other important matters must be informed to all shareholders, and an agreement must be reached, otherwise the principal responsible person needs to bear corresponding responsibilities for the consequences.
6. The financial department of the company must issue financial accounting reports every quarter, including balance sheet, income statement, cash flow statement, financial statement, creditor's rights and debts list (occurrence time, performance period, amount, reasons, etc.). ) and the reason for the loss.
VI. Increase working capital:
1. When the common reserve fund is insufficient and the company needs to increase its working capital, all shareholders will increase their capital contribution according to their respective shares after consultation. If the shareholders cannot increase their capital contribution, the party that can increase its capital contribution may appropriately increase the proportion of capital contribution according to the amount of capital contribution.
2. As the plant and production equipment are all owned by Party A, in principle, Party A will no longer charge depreciation expenses for equipment and lease expenses for the plant, nor will it increase its capital contribution in cash, but these expenses will be converted into RMB 1 10,000 yuan every quarter as its capital contribution. If the company needs to increase its working capital, Party A will deduct it from the accumulated capital contribution according to its share proportion, and all other shareholders will increase their capital contribution in cash.
3. If it is necessary to increase other people's shares, the shareholders shall recognize this contract and obtain the consent of all shareholders, and at the same time implement the relevant rights and obligations stipulated in the contract before they can become shareholders.
Seven. Profit distribution mode:
1. Salary payment: If a shareholder holds a major position in the company, a certain amount of salary will be paid after all shareholders reach an agreement through consultation.
2. Profit distribution:
Distribute and share profits and losses according to the proportion of capital contribution of each shareholder.
Company's after-tax net profit, distribution order:
(1) make up for the loss in the last quarter;
(2) Withdraw 60% of quarterly profits as the company's risk reserve fund and capital reserve fund, and may not withdraw after the accumulated amount is 50% of the company's registered capital. For the development of the company, shareholders can adjust the distribution ratio through consultation according to specific conditions, and in principle, it cannot be increased.
(3) Dividends to shareholders. The system is as follows: 40% of the after-tax profit is used for shareholders' dividends every quarter, and 40% of the accumulated profits in recent 12 months is used for shareholders' dividends every 12 months. Dividend according to the proportion of%,% and%.
Eight. Withdrawal method:
1. Shareholders must have justified reasons for withdrawing shares, and notify other shareholders in writing with the consent of shareholders. 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 withdraw their shares. When the withdrawing party fails to pay off the debts of the company, it shall not withdraw its shares.
2. The total capital contribution of each shareholder is the only settlement basis for shareholders' withdrawal. At the time of liquidation, if the company is unprofitable, the capital contribution shall be distributed according to the proportion of shares to pay off debts and make up losses, and then 90% of the actual total capital contribution shall be returned to the withdrawing shareholders according to the company's existing total assets except plant and equipment. If the company is profitable, the company should first settle 60% of the total profit of the company according to the share dividend ratio, plus 10% of the capital reserve, and then return the total capital contribution of shareholders. 30% of the company's assets depreciation and risk accumulation fund will not be distributed.
3. After withdrawal, the settlement shall be made according to the property status at the time of withdrawal. No matter how the investment is made, it shall be settled in cash and in kind.
Nine. Other matters:
1. If this Agreement cannot be performed or fully performed due to any shareholder's breach of contract, it shall compensate the Company and other non-breaching shareholders for their losses.
2. Matters not covered in this agreement shall be settled through friendly negotiation with reference to relevant company systems, and this agreement may be supplemented if necessary.
X this agreement is made in duplicate, and shall come into effect after being signed by the shareholders, with each party holding one copy. The signing of this agreement has legal effect and is protected and bound by law.
Party A:
Party B:
Party C:
Fang Ding:
Time of signing the agreement:
date month year
Model investment share agreement contract 3
In accordance with the Company Law of People's Republic of China (PRC) and other relevant laws and regulations, based on the principle of equality and mutual benefit, through friendly negotiation, all investors reach an agreement on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1. The investors of this contract are:
_ _ _ _ _ _, ID card:, address:
Second, the company information:
1. Company address: _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. The legal representative of this company is _ _ _ _ _.
3. The Company is a limited company established in accordance with the Company Law and other relevant regulations. Each investor shall be liable for the creditor's rights and debts of the company to the extent of the capital contribution subscribed by him. Each party shall share profits, risks and losses in proportion to its capital contribution.
4. The investor _ _ _ _ shall share the rights and interests and profits from the date of investment, and the creditor's rights and debts of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (subject to the accounting statement on the investment date).
Three. The mode and amount of investment of investors
Investor: the contribution of _ _ _ _ _ _ _ is RMB ten thousand yuan, accounting for _ _% of the total investment.
Four. Liability for breach of contract:
1. The investor, namely _ _ _ _ _ _ _ Limited Company, shall not use _ _ _ _ _ _ Limited by Share Ltd.
Otherwise, it can be regarded as a breach of contract. In addition to returning the investor's investment funds, it is also necessary to pay a penalty of RMB yuan.
Verb (abbreviation of verb) dispute resolution;
Disputes arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, both parties may bring a lawsuit to the local people's court according to law.
Intransitive verb investment under this contract
Each party holds one copy and * * * two copies. It will take effect as of the date of signature by all investors.
Signature (seal) of investor: _ _ _ _ _ _ _ _
Signature (seal) of the receiving investor: _ _ _ _ _ _ _ _
Signature (seal) of the company as a legal person: _ _ _ _ _ _ _ _
Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model investment share agreement contract 4
Party A (company natural person): _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (shareholder): _ _ _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party A and Party B sign this shareholding contract on the principle of honesty, friendship and mutual assistance. Party A and Party B shall perform their duties and perform this Agreement in accordance with the following terms:
1. Holding time: from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Two. Amount of shares: Party B contributes RMB _ _ _ _ _ million and holds _ _ _ _ shares.
Three. Calculation of contributed assets: RMB _ _ _ _ ten thousand yuan is the total assets (calculated on the date of signing the contract), and * * * is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party A holds _ _ _ _ shares and Party B holds _ _ _ _ _ shares.
Fourth, pay dividends.
(1) The _ _ _ day of each month is the dividend day, and the shareholders' meeting is held at the same time.
(2) Dividends are distributed according to the monthly net profit.
5. Withdraw shares, and withdraw shares halfway.
A. When the contract reaches _ _ _ _ _ _ _; It will be refunded according to _ _ _ _ _ _ of the share capital at that time, and the dividends distributed will also be calculated according to _ _ _ _ _.
B, the contract shall be subject to _ _ _ _ _ _ _ _ _; It will be refunded according to _ _ _ _ _ _ of the share capital at that time, and the dividends distributed will also be calculated according to _ _ _ _ _.
C. when the contract expires; As the calculation standard of total assets, it is returned according to the number of shares.
Net profit of intransitive verbs
The monthly profit (total performance) after deducting all expenses is the net profit of the current month after deducting management expenses and depreciation and amortization expenses (in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Seven. others
1. During the contract period with Party A, Party B shall not make profitable investment in similar products with anyone in _ _ _ _.
2. If Party B fails to renew the contract after the expiration of the contract, a similar product management company shall not be established in the local area within _ _ _ _ years after the expiration of the contract.
3. On the expiration date of this contract, Party A and Party B must decide whether to continue cooperation, but Party B has the right to decide. If Party B decides to continue cooperation, Party A shall not refuse.
4. The monthly financial affairs shall be kept by Party A, supervised by Party B, and dividends shall be paid after the accounting signature every month.
Eight. If there is any modification to the above contract, it shall be corrected after mutual consent.
Nine. This contract is made in duplicate, with each party holding one copy.
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Signing place: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Model investment and shareholding agreement contract 5
Party A:
Party B:
Party C:
_ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A), Zhu Mian (hereinafter referred to as Party B) and _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party C) agree that Party B will become a shareholder of Party A at RMB _ _ _ _ _ _ _ _ _ _ _ _.
After the shareholding, Party B will not participate in the operation and management of Party A, and will not bear any joint liability. The shareholders of Party A will not change. Regardless of profit or loss, Party A will pay dividends to Party B at a fixed rate of return, that is, _ _% of the holding principal, once every six months. Party A shall deposit the interest directly into Party B's account (account name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
After the expiration of the investment term, if Party B needs to transfer or recover the investment funds, it shall submit it to Party A 30 days in advance, and Party A shall recover this agreement and payment receipt within 30 working days after Party B applies, and unconditionally purchase or return the equity funds invested by Party B. If Party B needs to continue to invest in shares, both parties shall negotiate and sign a new agreement.
Party A may require Party B to withdraw from the investment in advance according to the operating conditions or other reasons, but it shall notify Party B 30 days in advance, and return the investment principal and dividends due (calculated by time and days) to Party B within 30 days after the notice. As the guarantor of this agreement, Party C shall be jointly and severally liable for Party A's failure to perform this agreement.
This agreement is made in triplicate, one for each party. This agreement shall come into effect as of the date when the three parties sign and seal it and Party B pays the money to Party A. ..
Party A: (official seal)
On behalf of:
Contact telephone number:
Party B: (signature)
ID number:
Party C: (official seal)
On behalf of:
Contact telephone number:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _