5 Teahouse Investment and Share Agreements
The agreement is a type of contract document. It is a legally binding application document signed by two parties (or multiple parties) after reaching an agreement through negotiation in order to resolve or prevent disputes, or establish a certain legal relationship, and realize certain common interests and wishes. Now I bring you the Tea House Investment and Share Agreement, I hope you like it! Tea House Investment and Share Agreement Part 1
A, B, C and D
In the spirit of mutual benefit, mutual benefit and common development In principle, after full consultation, all signatories have decided to jointly invest in and operate Shanye Tea House, and hereby enter into this agreement:
1. Name of investment company: Shanye Tea House Address:_
2. Accounting method: ***same operation, unified accounting, ***negative profit and loss
3. Investment method: joint equally-shared cash investment (including restaurant store rent, decoration facilities and equipment procurement, Daily operating expenses), currently set at 10,000 yuan per shareholder (the shortfall will be shared equally among all investors, and the balance will be used as reserves)
4. Investment period: from the date of signing of this agreement to the year, month, and year.
5. The property of the tea house belongs exclusively to all investors. No party may dispose of all or any part of the property, assets, rights and services of the tea house without the discussion and consensus of the other investors.
6. The investor’s capital contribution and the rights and interests obtained from participating in this investment shall not be transferred within three years, and shall not be transferred to external investors of the original investor within a six-year period. If it is transferred after three years, it must be voted by a show of hands of all shareholders, and the transfer will be limited to the original investors at the same price.
7. Investors’ obligations: to ensure that the reputation of the tea house is not infringed; to contribute to the development of the tea house; to improve all matters of the tea house; and not to engage in investments that conflict with the tea house’s business scope.
8. Profit distribution and risk bearing:
⑴ All parties shall distribute profits and bear operating risks according to the proportion of capital contribution.
⑵ If there are any unexpected risks in this tea house, all shareholders should bear them and come forward to resolve them.
⑶Civil liability arising from acts exceeding authority shall be borne personally by the partner who performed the act.
(4) If in the course of executing partnership business, any person suffers personal injury or property loss, all partners shall bear joint and several liability.
⑸The property of a partner shall not be divided before the liquidation of the general partnership.
9. The operation management and system of the tea house
⑴The investors are responsible for the daily operation and management of the tea house and major decisions (reserve fund withdrawal, personnel appointment and dismissal, facilities and equipment procurement, etc.) It will be discussed with the *** and implemented by the implementation.
⑵The funds, items and accounts of this tea house are subject to regular inspection by investors, and the person in charge of the tea house must establish detailed financial records every day.
⑶After negotiation: Responsible for accounting and warehouse management functions, responsible for the purchase of goods, recording cash expenditures and balances in accordance with accounting rules, and keeping accounting records. Perform the function of cashier and manage the paid partnership funds. When receiving the share capital paid by other parties, a receipt should be issued; in terms of expenditure: because the enterprise needs to make expenditures, all shareholders must be notified in advance. The person should sign on the invoice whether the expenditure is true.
10. If a partner has any of the following circumstances, he or she may be removed from the partnership with the unanimous consent of other partners: (1) Failure to perform capital contribution obligations; (2) Caused losses to the partnership due to intentional or gross negligence; (3) When there is any improper conduct in the execution of partnership affairs.
11. Dissolution and liquidation of a partnership enterprise
The dissolution and liquidation of a partnership enterprise shall be decided by all partners through consultation.
12. Liability for breach of contract
If a partner violates this agreement, he shall pay 30% of the investment share as liquidated damages and compensate for the economic losses caused by the breach of contract.
13. Other provisions
⑴ When a dispute arises between partners in the execution of this agreement, it can be resolved through negotiation or mediation. If the partner is unwilling to resolve it through negotiation or mediation or the negotiation and mediation fails, , you can file a lawsuit in the People's Court.
⑵ This partnership agreement will take effect after being signed and sealed by all partners. Each partner will hold one copy and the registration and filing authority will have one copy, which has the same legal effect.
Signature: A, B, C and D
Year, month, day
Tea House Investment and Share Agreement Part 2
Party A: ID number: Contact Telephone:
Party B: ID number: Contact number:
Party C: ID number: Contact number:
Party D: ID number: Contact Telephone:
In order to regulate partnership behavior and protect the legitimate interests of each partner, in accordance with my country's current relevant laws and regulations, after voluntary and equal consultation between the four parties, A, B, C and D, the following unanimous agreement has been reached for all parties to provide* **Mutually abide by:
1. Partnership projects and business premises
The four parties *** jointly funded the establishment of Youlan Mingyuan Teahouse Club and the third-floor office. They are responsible for the business license of the teahouse Salary: (Only for certificate application, not responsible for daily operation and management). The four partners unanimously agreed that: should be responsible for the daily operation and management of the teahouse. Business location: The entire second and third floors of No. 3, No. 76, Jinli West Road, Wuhou District.
2. Rights and Obligations of Partners
1. This partnership is jointly invested and operated by the partners. The partners are within the normal business scope of the partnership. All partners shall bear civil liability for all acts.
2. If another person suffers personal injury or property loss during the execution of partnership business, all partners shall bear joint and several liability.
3. The partners responsible for daily operation and management shall conduct business activities in accordance with the partnership articles or partner authorization and shall report the execution of affairs and the operating status and financial status of the partnership to the partners who do not participate in the execution of affairs. In order to understand the operating status and financial status of the partnership, other partners have the right to inspect the account books, inquire about purchases, inventory, and retrieve surveillance videos to understand and investigate the operating conditions. Major expenditures in the teahouse exceeding 20__ yuan require the consent of all partners.
4. During the existence of the partnership, the property and equity accumulated by the partnership are partnership property and are used for partnership operations.
5. Partners shall not operate business on their own or in cooperation with others that competes with the partnership, or engage in activities that harm the interests of the partnership.
3. Partnership period
The tea house partnership period is five years, starting from March 1, 20__ and ending on March 1, 20__. If the partnership term is extended, relevant procedures must be completed with the partners three months before the expiration.
IV. Total capital contribution and method
The total capital contribution of the tea house is: 500,000 yuan, respectively, including the transfer fee of 200,000 yuan (for details of the transferred assets, please see the asset inventory list in Annex 1) , the half-year rent of 200,000 yuan and the decoration and operating expenses of the three-story office building of 100,000 yuan were invested by four partners, A, B, D, and D, each of 125,000 yuan, each accounting for 25% of the share. Each partner contributed cash.
5. Profit Distribution and Debt Assumption
1. Profit Distribution: The profits earned by the tea house will be distributed according to the proportion of capital contribution, once every quarter.
2. Debt borne: The costs, wages, and expenses incurred in operating and managing the teahouse shall be borne by each partner in proportion to their capital contribution; if there are other partnership debts, they shall first be repaid by the partnership property. If the partnership property is insufficient to repay, each partner shall People bear the responsibility in proportion to their capital contribution.
6. Withdrawal and share transfer
No partner may withdraw from the partnership or transfer shares during the partnership period. If a partner really needs to withdraw from the partnership, it must be unanimously agreed by the four partners and liquidated. You can withdraw from the partnership, and the shares after withdrawal may not be transferred to any third party other than the partners.
7. Termination of partnership
If one of the following circumstances occurs, the tea house will terminate its business:
1. The partnership period expires and each partner is unwilling to extend the operation time limit;
2. The four partners unanimously agree to terminate the business;
8. Dispute resolution
If a dispute occurs between partners, they should** *The dispute shall be resolved through consultation and in a manner conducive to the development of the partnership. If negotiation fails, either party may file a lawsuit with the People's Court where the teahouse is located.
9. Other matters
For matters not covered in this agreement, each partner may make supplementary provisions, and the supplementary agreement shall have the same legal effect as this agreement.
10. This Agreement is made in quadruplicate.
Each of the four partners holds one share. This agreement will come into effect after being signed (sealed) by each partner.
Party A: Party B:
(Signature and seal) (Signature and seal)
Party C: Party D:
( Signature and seal) (Signature and seal)
Signing place: Signing time
Tea House Investment and Share Agreement Part 3
Party A:
< p> ID card number::Party B:
ID card number:
Upon agreement between Party A and Party B, Party A transfers the teahouse located there to Party B. The following agreement is reached on the transfer:
1. Party A transfers the teahouse located there to Party B. The transfer includes the right to lease the square meters of the teahouse and the ownership of all supporting equipment and facilities in the teahouse.
2. Party A transfers the rent of the tea house from month to month and the house deposit yuan in the original lease contract to Party B, and Party B shall perform its obligations in accordance with the agreement.
3. The transfer amount of the tea house is yuan (__). The transfer fee shall be paid in cash and the payment time shall be when the contract is signed and becomes effective.
4. After the transfer, the teahouse will have no relationship with Party A, and Party A shall not claim any rights.
5. From the date of signing the transfer contract, Party B shall fulfill the rental contract signed by the original Party A and landlord Z, or sign another contract with the landlord on the basis of the original contract.
6. If the landlord proposes conditions beyond the original rental contract when concluding the contract with Party B, Party A will be responsible for negotiation. If the negotiation is not successful, the low-rent housing contract will remain unchanged, and Party B will pay the rent to the landlord. With Party A, Party A shall hand it over on behalf of Party A. If Party B fails to hand over the rent to Party A when paying the rent, Party A will not bear any liability arising therefrom.
7. This contract is made in triplicate, with Party A and Party B each holding one copy and the landlord holding one copy. Effective on the date of signature.
Party A: Party B:
Date:
Tea House Investment Share Agreement Part 4
Party A:
< p> Party B:Party C:
After friendly negotiation, Party A, Party B and Party C *** jointly invest and operate the teahouse, in line with the principle of voluntary reciprocity and mutual benefit, and in accordance with the Chinese In accordance with the laws and regulations of the People's Republic of China, the following agreement has been reached on tea house cooperation matters, which shall be abided by.
1. Investment amount
1. ***The total amount of investment is ______ million yuan.
2. The investment method is that each of Party A, Party B and Party C invests _________ million yuan.
2. Income Distribution
1. Party A, Party B and Party C shall share the profits from ***’s investment and share the losses from ***’s investment in proportion to their capital contribution. Each of the three parties shall bear liability for the investment in the contract to the extent of their capital contribution.
2. The shares and their derivatives formed by the investment of the three parties are the exclusive property and are owned by the three parties in proportion.
4. Cooperation and division of labor
1. The three parties negotiated together and entrusted the ______ party to execute the daily affairs of the tea house, and the ______ party assisted in the management.
2. Other partners who have not executed matters have the right to supervise and make suggestions for the executing party's affairs.
3. The _______ party is responsible for the recruitment, dismissal and responsibility of staff.
4. Any major business matters require consultation among the three parties.
5. Share transfer
1. During the business cooperation period, if one party wants to transfer shares to other parties, it must obtain the consent of the other two parties.
2. When parties A, B, and C transfer their shares during the operation period, other shareholders have the priority to receive the transfer under the same conditions.
6. Confidentiality Agreement
1. During the cooperation period, both parties must jointly keep the technical and commercial secrets of the cooperative tea house.
2. In case of violation of the agreement, the observant party has the right to confiscate the cooperation income of the defaulting party and hold the defaulting party legally responsible.
7. Dispute Resolution
During the validity period of the agreement, if any dispute arises between the two parties, it shall be resolved through negotiation based on the principles of mutual understanding and mutual benefit.
If negotiation fails, both parties may file a lawsuit with the People's Court where the ______ party is located.
8. Others
1. Matters not covered in this agreement shall be signed and supplemented separately after the three parties reach consensus through consultation.
2. This agreement is made in ______ copies, with A, B, and C each holding ______ copies.
Party A (signature):
______year______month______day
Party B (signature):
______year______month______day
Party C (signature):
______year______month______day
Teahouse Investment and Share Agreement Part 5
Party A: Municipal Tea Industry Co., Ltd.
Address: Postal Code:
Telephone: Fax:
Party B:
Address: ______________ Postal code: _______________
Telephone: ______________ Fax: _______________
Terms:
1. Outline, Scope and definition:
Party B is the authorized franchise store designated by Party A in the _________ area. Party B operates all products operated by Party A in this area and enjoys Party A's various operations and management concepts. , product trademarks, packaging and various honors, Party B has the ownership and operation rights of the franchise stores in the region, and Party A only provides suggestions and guidance to Party B's operations.
2. Grant of franchise rights:
After negotiation, Party A and Party B sign a franchise cooperation agreement. Party A agrees that Party B has the right to open Party A’s franchise store in the area. and grant franchise rights.
3. The status of the franchise store:
Party B’s store is a free franchise store allowed by Party B. Party B owns the ownership of the store, and Party A only participates in the operation and management of Party B. .
4. Qualifications for franchise stores:
The actual business area of ??the store shall not be less than 40 square meters, the tea house shall not be less than 150 square meters, and the location shall be above the second-level store in the area. The style and grade of decoration must meet Party A's requirements, and the investment in products (including inventory) must not be less than RMB 50,000.
5. Price issues:
a. Party A’s supply price, the price of Party A’s products to Party B shall be Party A’s ex-factory price, which shall not be higher than that of other franchise stores offer price.
b. Party B’s price in the local market shall be determined according to the local market. Generally speaking, the difference from the head office price shall not be more than 30%.
6. Financial accounting matters:
Party B must fully implement the payment regulations in the agreement to ensure Party A’s financial operations and the goodwill of both parties. , Party B has the right to conduct independent financial accounting and is responsible for its own profits and losses.
7. Equipment investment for franchise stores:
Party A’s equipment investment: Party A is responsible for the machinery, workshops, and basic investment and construction required for the production, processing, and packaging of its products. .
Party B: Party B invests in the storefront, in-store decoration, and advertising light boxes of its franchise store, including teahouses and other supporting facilities based on business needs.
8. Chain operation issues:
Party B may directly operate local chain stores based on market needs and after reporting to Party A for filing, but may not operate non-Party A products at the same time.
9. Designated raw materials and purchasing location:
In order to ensure the quality of Party A’s products and the reputation of the company, the raw materials and finished products required for operation must be uniformly distributed by Party A, such as Party A does not have the products that Party B needs in the market, or Party A is out of stock, or the products agreed by Party A are not subject to this regulation.
10. Regulations on exchange, damage reporting, and inspection:
Party B may, based on business needs and actual sales conditions, submit an application for exchange to Party A for product exchange, or even Return; report damage: If Party A delivers products to Party B, if the product is damaged due to Party A's inability to package the product, Party A will be responsible; if the product is damaged due to force majeure factors such as transportation, the loss will be borne jointly by both parties. , if the damage of the product does not exceed 2%, it is normal loss and Party A is not responsible.
Inspection: After receiving Party A’s products, Party B must inspect the quantity, quality, grade, packaging and other details. If there are any problems, they should raise them to Party A within three days of receiving the products and present the necessary documents. Proof, otherwise, the product will be deemed to be qualified and the goods will be sold.
11. Employment, guidance and supervision of employees
The personnel required for Party B’s franchise store can be recruited and hired by Party A, Party B or both parties according to actual needs. Party A It is the responsibility of Party B to provide various business and skill training to Party B’s employees to make them suitable for business needs. The salaries of Party B’s employees shall be paid by Party B. Party B shall be responsible for all daily management and dismissal.
12. Personnel support issues:
If Party B needs Party A to send personnel to conduct professional skills and other business training for Party B’s employees during or during the opening period, Party A’s management personnel expenses and Party B is responsible for the food and accommodation issues during Party B's stay. If Party A sends personnel to Party B for longer-term management (more than 15 working days), Party B must also pay Party A wages according to Party A's wage standards.
13. Handling of accidents and customer complaints:
In the course of business operation, if customer complaints arise due to quality problems of Party A’s products, Party A will be responsible for handling them (such as those caused by Party B’s poor storage) problems are not within the scope of Party A’s responsibility), other factors are the responsibility of Party B.
14. Various reporting obligations:
Within the first three days of each month, Party B must report the previous month’s operating conditions, sales and other business progress, market information, local product sales, advertising Inform Party A that Party A should provide necessary cooperation based on Party B's operating conditions. If Party A has new feasible sales plans and market information, Party A should promptly notify Party B.
15. Management support:
When Party A authorizes Party B to franchise a store, it must provide Party B with various management information of Party A's company free of charge, such as personnel training, the daily management system of the specialty store and the company's various management information. "Certificate of Honor" and industry information.
16. Business secret regulations:
Party A and Party B shall regard the company's business operations of the other party, including retail sales and promotional advertising plans, as business secrets and shall not disclose them.
17. Assignment of claims and debts:
If Party A or Party B causes the company to be relinquished or the company's legal representative is changed due to poor management, they should notify the other party in writing so that both parties can negotiate the contract. Whether to continue the business or transfer it to the partner. Otherwise, it will be regarded as a breach of contract and you should bear the liability for breach of contract.
18. Security deposit and franchise fee:
In order to ensure the credibility of Party A’s products and the reputation of the brand, Party B shall supervise Party B’s operations in the region and shall not cause any behavior that damages Party A’s goodwill. When cooperating with Party A as a verbal alliance, a deposit of RMB 10,000 must be paid to Party A (at the end of the cooperation period, Party A will return the deposit to Party B). If there is a breach of contract during the process, Party A has the right to withhold the deposit according to the size of the liability for breach of contract. Deposit and even continue to add necessary legal liabilities. In order to ensure that the company continues to develop new products, improve the level of operation and management, formulate corresponding marketing strategies and Party A's intangible assets such as product registration and packaging design, Party B must pay a franchise fee of RMB 10,000 when joining Party A's franchise store. , to ensure the interests of Party A.
19. Law and litigation
a. All attachments to this agreement constitute an important part of this agreement;
b. What happens to both parties due to the performance of the agreement All disputes arising from the agreement itself shall be resolved in accordance with the principle of friendship;
c. If there is disagreement in the negotiations, both parties may file a lawsuit with the people's court of the place where the agreement is implemented regarding the dispute;
20. Termination and renewal:
If either party A or B violates any terms of this agreement, the other party has the right to immediately terminate the agreement.
If Party B violates Party A's sales principles, such as dumping Party A's products or importing non-Party A's products to third parties or importing substandard products on its own, which affects Party A's goodwill, it will constitute a violation of the terms of this agreement.
2l. This agreement is valid from ______year_______ to ________year_______.
This Agreement is made in duplicate, with each party holding one copy. The attachments to this Agreement are an integral part.
This agreement shall take effect after being stamped by both parties.
Party A: Municipal Tea Industry Co., Ltd. Party B:
Signature (seal): Signature (seal):
Name: Name:
Position: Position:
Time: Time: