Model Agreement on the Transfer of Fixed Assets (5 general articles)
In the era of continuous progress, the agreement plays an increasingly important role, and signing the agreement can solve or prevent unnecessary disputes. There are many points for attention in the agreement. Are you sure you will write it? The following is a sample of fixed assets transfer agreement (5 in general) compiled by me. Welcome to read and collect it.
fixed assets transfer agreement 1
transferor: _ _ _ _ _ _ (hereinafter referred to as "Party A")
transferee: _ _ _ _ _ _ _ (hereinafter referred to as "Party B")
Party A and Party B agree to cooperate and cooperate with each other through friendly negotiation.
2. all the fixed assets owned by party a to be transferred to party b include all the fixed assets listed in the asset appraisal report in annex I to this agreement on the appraisal base date. Party a and party b confirm that on the delivery date, party a will transfer all the above-mentioned fixed assets to party b as transferred assets, including:
(1) all machinery and equipment, buildings and projects under construction of relevant enterprises listed in the asset appraisal report.
(2) Land use rights of relevant enterprises listed in the asset appraisal report.
3. The delivery date of the transfer agreed by both parties is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. From the delivery date stipulated in this agreement, Party B becomes the legal owner of the transferred assets, and enjoys and undertakes all rights and obligations related to the transferred assets.
5. Party A and Party B have reached a consensus through consultation. According to the results of asset appraisal, Party A and Party B unanimously agree to use RMB _ _ _ _ _ _ _ _ _ as the transfer price of fixed assets; Party B shall pay Party A in full before _ _ _ _ _ _ _ _ _. (subject to Party A's bank receipt)
6. Party A hereby declares, warrants and promises to Party B as follows:
6.1 Party A is a _ _ _ _ _ limited liability company formally established and legally existing under the laws of China, and has all necessary rights, powers and abilities to conclude and perform all obligations and responsibilities under this Agreement; This agreement is legally and effectively binding on Party A once it is signed.
6.2 party a guarantees that it legally owns all the transferred assets it currently owns and will continue to own before the delivery date mentioned in this agreement. Except for the specific written disclosure to Party B, there is no mortgage, guarantee or any other third-party rights or other restrictions that adversely affect the value of the above assets and rights and interests and the ability to use, transfer and dispose of these assets and rights.
6.3 unless it has been explicitly disclosed to party b in writing, party a has no ongoing litigation, arbitration or administrative handling procedures which take party a as a party or take any part of party a's transferred assets as the target, and if a judgment or ruling is made against party a, it may have a significant adverse impact on the transferred assets or business operation alone or in combination.
6.4 party a's use of the land it uses before the delivery date is legal, and there is no need to pay any taxes and fees, and there is no obligation or responsibility that party b needs to undertake or perform due to party a's use of the land before the delivery date that has not been officially disclosed to party B ..
6.5 party a will properly handle any outstanding matters in the process of asset transfer described in this agreement with party b in accordance with the spirit of national laws and relevant policies.
7. Party B's promises, statements and guarantees:
7.1 Party B shall properly maintain and use the transferred assets and engage in legal business activities.
7.2 party b promises that if the acquired assets are transferred again, party a or the representative appointed by party a has the absolute priority to buy back.
7.3 party b will work with party a in accordance with the spirit of national laws and relevant policies to properly handle any outstanding matters in the process of property right transfer described in this agreement.
7.4 pay the transfer price to party a according to the provisions of this agreement.
8. Confidentiality clause: Unless expressly stipulated or required by relevant laws, regulations or articles of association of China, any party shall not disclose the relevant contents of this agreement to any third party other than the parties involved in this transaction before or after the completion of the transaction described in this agreement without the prior written consent of the other party.
9. liability for breach of contract: any party who violates any statement, warranty and commitment in this agreement or any clause of this agreement constitutes a breach of contract. The breaching party shall pay full and full compensation to the observant party.
1. Party A and Party B unanimously agree that this agreement will come into effect after being signed by the authorized representatives of Party A and Party B and stamped with the official seals of both parties.
11. settlement of disputes
11.1. all disputes related to this agreement arising from the execution of this agreement shall be settled by both parties through friendly negotiation.
11.2. according to the relevant laws of China, if any provision of this agreement is ruled invalid by the court, it will not affect the continued validity and implementation of other provisions of this agreement.
12. Party A and Party B agree that any taxes or fees payable by both parties due to the performance of this Agreement shall be paid in accordance with the relevant laws and regulations of China.
13. All annexes to this agreement are an integral part of this agreement and have the same legal effect.
14. this agreement is made in Chinese. The original is in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Each original has the same legal effect.
party a (seal): _ _ _ _ _ _ _ _ _ _ _ _ party b (seal): _ _ _ _ _ _ _ _ _ _ _ _ _
legal representative (signature) : _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
article 1 transfer target
party a agrees to transfer part of party b's assets (detailed list is attached), and party b agrees to transfer the above assets. At the same time, Party B guarantees that the ownership of the above-mentioned transferred assets is uncontroversial, unsecured and not sealed up, and that Party B has complete ownership of the assets. In case of any disputes related to the property rights of the purchased assets, Party B shall be responsible for handling them and bear the losses of Party A caused thereby.
article 2 the price of asset transfer
is determined by both parties through negotiation: the total amount of this asset transfer is RMB _ _ _ _ _ _ _ _ _ (in words: _ _ _ _ _ _ _ _).
article 3 payment method
cash payment is adopted for this asset transfer.
article 4 payment term and handover procedures for asset transfer
1. the asset transfer payment in this agreement is made in a lump sum, which shall be completed within one month after the signing of this agreement.
2. Party B shall assist Party A in handling the asset inventory and handover procedures within ten days after the signing of this agreement, and provide legal asset certificates.
article 5 liability for breach of contract
after this agreement comes into effect, both parties shall perform in good faith, and if either party violates the agreement, it shall bear the liability for breach of contract.
1. if party b fails to transfer the assets according to law and completes the relevant legal asset vouchers within a certain period, party b shall be liable for breach of contract according to 1% of the total assets transferred.
2. Party A shall guarantee to pay the money agreed in the agreement on time within a certain period. If it still cannot be delivered, Party A shall compensate the losses at 1% of the amount payable in the same period.
article 6 place of performance of the agreement
the place of performance of this agreement is agreed to be the place where Party A is located. If disputes arising from the performance of this agreement cannot be settled through consultation, the party who raises objections may bring a lawsuit to the court where Party A is located.
article 7 entry into force and number of copies of the agreement
1. this agreement shall come into force after being signed and sealed by both parties.
2. this agreement is made in sextuplicate, two for each party, and the rest are reserved.
article 8' other matters agreed by both parties
1. this agreement is attached with a detailed list of assets transfer, which is an integral part of this agreement and a necessary condition for the entry into force of this agreement, and needs to be confirmed by the signatures of both parties.
2. matters not covered in this agreement and matters that need to be changed shall be determined in the form of supplementary agreement after negotiation, and the supplementary agreement has the same effect as this agreement.
(There is no text on this page. For _ _ _ _ _ _ _ _ _ _ and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _).
party a: _ _ _ _ _ _ _ _ party b: _ _ _ _ _ _ _
legal representative or authorized representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Hereinafter referred to as Party A)
Transferee: _ _ _ _ _ _ _ _ (hereinafter referred to as Party B)
Party A is insolvent due to business mistakes, and now it is proposed to cancel the company through discussion and resolution of all shareholders, and transfer all the property of the company (including land assets, houses, technology, equipment and facilities, office equipment and related rights of the original company of Party A, etc.). In order to expand the business scale, Party B voluntarily accepts the contract. Now, based on the principles of equality, justice and voluntariness, both parties reach an agreement through consultation.
1. the scope of property transferred by party a is _ _ _ _ _ _ _ _ _ _ _. A detailed inventory of tangible assets shall be made by Party A and signed by Party B.. Both parties agree to formally hand it over to Party B on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party A shall assist Party B to complete the trial production before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. After the handover is completed by both parties, the property ownership shall be transferred to Party B..
ii. after party b takes over the property at the agreed price, it will set up a _ _ _ _ _ _ _ _ _ _ _ production enterprise.
iii. Transaction price of transfer and payment term
1. Upon mutual agreement, the total transaction price of the enterprise's property transfer is RMB _ _ _ _ _ _ _ _.
2. Payment term: Party B shall pay Party A RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
iv. Ways to deal with creditor's rights and debts
1. The creditor's rights and debts (including receivables, payables and external guarantees) incurred during Party A's operation shall be handled by Party A itself, which has nothing to do with Party B;
2. Party A's bank loan of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Party A must properly handle the creditor's rights and debts of Dingli Company in accordance with the law, and shall not affect the normal production, operation and management of Party B's property on the site after the transfer. If Party B's legitimate interests are damaged due to the debt demand of Party A, Party A agrees to deduct the corresponding loss expenses from the deferred payment.
5. after the transfer of the property, if party b develops paper production on the land, party a will assist and provide the necessary documents and materials needed by party b, and party b will apply for it by itself, and the expenses required for its registration will be borne by party B ..
VI. Other matters agreed by both parties
1. Water supply: The original water intake well remains unchanged and will be used by Party B for a long time.
2. Access roads: Vehicles must access the roads in the original state.
3. At present, the land used by Party A's enterprise is collective land, but it is going through the relevant procedures according to the requirements for approval of industrial land transfer. Before signing this agreement, Party A shall submit the preliminary approval materials and documents related to the relevant procedures of this land to Party B, and Party B shall continue to handle them.
4. For matters not covered in this agreement, both parties shall negotiate separately and make a supplementary agreement, which has the same legal effect as this agreement.
VII. This agreement shall come into effect after being signed and sealed by both parties, and shall be notarized by Fuyang Notary Office. Both parties must strictly abide by it and earnestly perform it. If either party breaches the contract and causes losses to the other party, the breaching party shall bear the economic compensation responsibility.
the original of this agreement is in quadruplicate, one for each party, one for the record of the municipal notary office and the local town people's government, and several copies.
party a: _ _ _ _ _ _ _ party b: _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
1. The assets include the following
1. Ten thousand (1,) sets of clothing in stock.
2. the rental for half of the office building located next to building No.7, Hongju South Street, Guangwai, Xicheng District, with the service life (lease term) ending on _ _ _ _ _ _ _ _ _ _ _.
3. Existing office equipment, office furniture and office supplies.
4. The registered trademark of Breatho2.
II. Transfer price and payment
1. The transfer price is RMB in words: one million five hundred thousand Yuan only, in figures: 1,5, Yuan.
2. payment method: party b will remit it to the bank account designated by party a in one lump sum.
3. Party A's account number and bank
Account name: _ _ _ _ _ _ _
Bank: _ _ _ _ _ _ _
Account number: _ _ _ _ _ _ _ _ _