In the rapidly changing modern society, agreements are used in more and more places. Signing an agreement can make the results of the affairs more perfect. Don’t have a clue when it comes to drafting an agreement? Below are 3 equity investment agreements that I have collected for everyone for your reference. I hope it can help friends in need. Part 1 of the Equity Investment Agreement
Party A: ID number:
Party B: ID number:
Party A and B agree that Party B shall serve as the new The investor and Party A *** jointly operate Weifang Dongxu Construction Machinery Leasing Co., Ltd. (hereinafter referred to as the "Company") and became a shareholder of the company. Based on the principles of mutual benefit and mutual development, both parties have entered into this agreement after full consultation and in accordance with the Company Law of the People's Republic of China and relevant laws and regulations. All parties shall enjoy rights and perform obligations according to the following terms.
Article 1 Amount, method and term of capital contribution: Party B contributes capital in the form of currency, and the capital contribution is RMB 600,000 (600,000 yuan), accounting for 30% of the company’s total shares. Party B shall timely inject the above capital into the company based on the company's progress in building factories, purchasing equipment, and normal liquidity needs. After Party B becomes a shareholder of the company, it shall fulfill its capital contribution obligations in accordance with the above two agreements.
Article 2: Party B will be deemed to have purchased shares and become a shareholder of the company only after completing the statutory procedures for share subscription and transfer of shares in accordance with the law. If Party B transfers shares, it must notify Party A two months in advance and complete the corresponding legal procedures.
Article 3 Rights and Obligations of Shareholders (Party B)
1. Enjoy shareholder rights and assume shareholder obligations in accordance with the company's articles of association;
2. Based on 30% Party B shall enjoy the company's profits and bear the company's losses in proportion to its capital contribution;
3. Party B does not have any interest in the company's operating profits before becoming a shareholder of the company, nor does it bear any responsibility for operating losses and debts; after Party B becomes a shareholder of the company, , if Party B suffers losses due to the company repaying Party B’s debts before it became a shareholder, Party A shall bear the liability for compensation to Party B.
4. Be fully responsible for the company’s financial and business work.
5. The corresponding payment shall be made in a timely manner in accordance with the provisions of this agreement.
Article 4 Commitment. Party A promises that Weifang Dongxu Construction Machinery Leasing Co., Ltd. is a legally registered company and is currently operating in accordance with the law. Otherwise, it will bear the liability for contracting negligence to Party B. If there are other losses, it should compensate it according to the facts.
Article 5 Liability for breach of contract. If Party B delays payment and causes the company to suffer heavy losses, it shall pay corresponding compensation; if Party A causes the company to suffer financial losses due to major faults, it shall bear corresponding liability for compensation to Party B.
Article 6 Dispute Resolution. All disputes arising from the execution of this contract or related to this contract shall be resolved by both parties through friendly negotiation. If the negotiation cannot be resolved, the parties shall file a lawsuit in a court with jurisdiction.
Article 7 Effectiveness of the contract and others. For matters not covered in this agreement, both parties shall negotiate together and sign a supplementary agreement. There are two copies of this agreement, one for each party. It shall take effect from the date of signature by both parties.
Party A’s signature: Signature date: Year, month, day
Party B’s signature: Signature: Year, month, day Shareholding Agreement Part 2
Existing __________* **__________ people, in accordance with the "Company Law of the People's Republic of China" and other relevant laws and regulations of China, based on the principle of equality and mutual benefit, and through friendly consultations, agree to establish a company in Chengdu City of the People's Republic of China** *This agreement is entered into with the investment and establishment of Chengdu Baijia Garden Hotel Management Co., Ltd. (subject to formal industrial and commercial registration).
The investors in this agreement are:
1. Name___________ID card number____________Phone________
Home address____________________________
2. Name___________ID card number____________________Telephone___________
Home address____________________________
3. Name___________ID card number____________________Telephone_________
Home address____________________________
4. Name___________ID card number_______________Phone________
Home address____________________________
5. Name ___________ID card number____________________Telephone_______
Home address____________________________
6. Name___________ID card number____________________Telephone_________
< p> Home address ____________________________7. Name ___________ ID number ____________________ Telephone _________
Home address ____________________________
8. Name _ __________ID card number____________________Telephone_______
Home address____________________________
9. Name___________ID card number____________________Telephone_________
Home address____________________________
At the mutual request of all parties ***, all parties ***, as investors ***, invest RMB 10,000 *** and operate the hotel together in the spirit of "mutual benefit, reciprocity, *** In accordance with the principle of "mutual development", this agreement is entered into after full consultation.
Article 1 General Principles
Paragraph 1: This hotel mainly grafts, introduces, digests and improves the existing business models of various hotels, and strives to create "a must-have solution for household and financial management, from scratch "The ultimate platform for entrepreneurship" allows ordinary consumers to become investors, consciously or unconsciously participate in the economic and commercial trend, serve the prosperity of the commercial economy, turn consumption into investment, and regard life as entrepreneurship. The ultimate goal of the hotel's operation is to allow consumers to receive discounts, sales staff to receive commissions, and shareholders to receive dividends, fully mobilize the enthusiasm, initiative and creativity of everyone to operate and participate, and create a "people-oriented, harmonious and harmonious" environment Home-style business units, and develop chain operations when conditions are suitable.
The second business goal: to create a hotel chain operation model across the country and even the world, and to promote and copy it nationwide and even the world by establishing its own operating model, operating mechanism, and management system, and strive to win the domestic market share. Successfully listed overseas and implemented capital management.
Paragraph 3: Operate strictly in accordance with the "Company Law", implement "same shares, same rights, same interests", bear risks and enjoy rights and interests according to the proportion of capital contribution. In the start-up stage, all managers will follow the laws of the market economy, recruit from the public, and appoint various positions according to their abilities, ultimately achieving the goal of "everyone doing their best, and everyone making the best use of their talents."
The salary of staff adopts the "base salary + commission" system. The basic monthly salary is determined by the shareholders' meeting or management based on the position and degree of hard work. The hotel operation and management should be rational, scientific, normalized and standardized, gradually formulate management job responsibilities and work standards, manage according to the national advanced chain hotel model, graft and introduce advanced management experience and successful practices such as domestic chain hotels, and build its own brand.
Paragraph 4: Business direction: When establishing branches in various places, the first thing to do is to fully integrate into the local society, local culture, and local interpersonal relationships.
The fifth category of hotels should improve their management level, strive to achieve economic benefits, and timely adjust plans and improve work methods according to market changes, so that the hotel can be competitive in terms of service, work efficiency, product quality, and development speed. ability.
Article 2 Registered capital and funds
The hotel (company) is established in the form of a limited liability company. The liability of each party to the company is limited to the amount of investment. The original capital contribution amount of each party is 10,000 yuan.
The capital of the hotel (company) is _____ million yuan.
The original value of fixed assets (including all hotel facilities and equipment, etc.) is _____ million yuan,
(Details_______________________________
Assets that are realized or used within a business cycle of one year or more than one year, including cash and various deposits, inventories, receivables and prepayments, etc.) totaling about 10,000 yuan;
Intangible assets (referring to the hotel’s long-term Assets that are used but have no physical form, including patent rights, trademark rights, brand image, goodwill, etc. that the company has worked hard to establish for a long time.
Deferred assets (referring to the amortization period of more than one year, including start-up). fees, renting fixed asset improvement or major repair projects, renting or pawning the right to use houses for more than one year and the right to use other assets) totaling _____ million yuan;
Other assets: value of human resources _____ ten thousand yuan;
Based on the above, the total assets of the hotel total _____ ten thousand yuan
Article 3 Capital Investment
Capital contribution from all investors The minimum amount is RMB 200,000. The investor shall deposit the entire capital contribution in cash or cash check within 3 days after this contract is signed and takes effect. Among them: 1. Capital contribution of RMB ___________; accounting for ______% of the total investment.
2. Contribution of ___________ ten thousand yuan; accounting for ______% of the total investment
3. Contribution of ___________ ten thousand yuan; accounting for ______% of the total investment
4. Capital contribution of ___________ RMB ___________; accounting for ______% of the total investment
5. Capital contribution of ___________ RMB ___________; accounting for ______% of the total investment
6. Capital contribution_ ____________ ten thousand yuan; accounting for ______% of the total investment
7. Capital contribution ___________ ten thousand yuan; accounting for ______% of the total investment
8. Capital contribution ___________ ten thousand yuan RMB; accounting for ______% of the total investment
9. Capital contribution of ___________ RMB; accounting for ______% of the total investment. All parties shall invest the entire investment in the hotel in a lump sum (in cash amount agreed by both parties). company); in addition to the registered capital, if the hotel (company) needs to supplement funds, upon decision of the shareholders' meeting, it can raise funds through banks in an appropriate manner or increase capital from original shareholders or raise new funds in accordance with the Enterprise Loan Measures of the People's Republic of China and the State Council.
Article 4 Hotel (company) organizational structure
Section 1 The hotel (company) implements a general manager responsibility system under the leadership of the shareholders’ meeting, which is the company’s The highest authority and decision-making body determines all major issues of the company.
The second shareholder meeting is composed of all shareholders, and shareholders can also hold management positions in the company.
Section 3: Shareholders’ meetings shall be held regularly. All decisions made by the shareholders’ meeting must be approved by more than 80% of all shareholders. The general shareholders' meeting shall be held at least once a month (scheduled at the end of each month or the beginning of the next month), convened and chaired by the major shareholder.
Article 5 Responsibilities and Obligations of the Parties
All parties in Paragraph 1 have the same status as members of the hotel (company) shareholder meeting from the effective date of the contract and enjoy the same rights in accordance with the law. , bear equal obligations. Party A will participate in dividends in proportion to the investment from the effective date of the contract and bear joint and several liability for debts. If all parties participate in hotel (company) management or hold certain positions in the hotel (company), they will be paid monthly wages according to the hotel (company) labor wage standards, and participate in shareholder dividends at the end of the year.
Paragraph 2: Major shareholders should supervise the hotel (company) to manage its assets, supervise the company to operate in accordance with the law, pay taxes in accordance with regulations, and perform contracts; provide guidance and coordination. Guide and assist the hotel (company) to solve technical, operational and management problems, and provide advanced and applicable technology and operational management experience to obtain maximum operational benefits. The major shareholders have the responsibility to formulate and provide relevant management, market development and other working rules and regulations for the company; assist the company in formulating training plans, and assist the company in collecting applicable technical, process, economic information and legal materials related to the company's business.
Paragraph 3 Other parties should abide by national laws, implement national policies and plans, complete various indicators and tasks stipulated in the contract, safeguard the legitimate rights and interests of the country, the hotel (enterprise) and employees, and handle the hotel correctly Distribution relationships within (enterprise). Hotel (company)
The increase or decrease in funds shall be decided by the shareholders' meeting, and shall be submitted to the members of the shareholders' meeting for consultation, and the provisions of this agreement on the distribution ratio shall be reasonably adjusted according to the increase or decrease in funds.
Paragraph 4 The property of the hotel (company) is owned by all shareholders. No party may dispose of all or any part of the property, assets, or assets of the hotel (company) without the unanimous approval of both parties and the shareholders’ meeting. Equity and Debt.
Paragraph 5 The capital contribution of each party and the rights and interests obtained by participating in the hotel (company) shall not be transferred without the consent of shareholders with more than 50% of the voting rights.
Section 6: All parties shall not withdraw their shares during the company’s operating period. (Unless there are special provisions by both parties when signing the contract) If each party has one of the following circumstances, it will naturally withdraw its shares:
(1) Death or being declared dead according to law;
(2) Being declared as a person without capacity for civil conduct in accordance with the law;
(3) The individual has lost the ability to pay debts;
(4) Being enforced by the People’s Court in a hotel (company) share of the entire property.
Of course, the date of withdrawal of shares shall be the date when the legal reasons actually occur.
If each party in paragraph 7 has any of the following circumstances, with the unanimous consent of the company's board of directors, it may be removed by resolution:
(1) Failure to perform capital contribution obligations;
(2) Causing losses to the hotel (company) due to intention or gross negligence;
(3) Engaging in improper behavior in the execution of hotel (company) affairs;
Being removed from the list From the date the person receives the notice of removal, the removal will take effect and the person being removed will withdraw his shares. If the person being removed has any objection to the removal, he may file a lawsuit with the People's Court within 30 days from the date of receiving the removal notice.
Article 6 Profit Distribution and Taxation
Paragraph 1: The net profit of the hotel (company) shall be invested in the registered capital of the hotel (company) by all parties as soon as possible after the end of each fiscal year. The amount is allocated to each party in proportion. "Pure profit" means the remaining amount after deducting the following expenses from the gross profit:
(1) In accordance with the relevant laws and regulations of China and the terms of this contract, the gross profit earned from the hotel (company) The amount after deducting income tax;
(2) In accordance with the relevant laws and regulations of China and the amount of the reserve fund established by the shareholders’ meeting;
(3) In accordance with the development objectives established by the shareholders’ meeting and the amount of funds required for reinvestment in expanding the hotel (company);
(4) The amount of special funds for employee incentives and welfare funds established in accordance with relevant Chinese laws and regulations or established by the shareholders’ meeting.
< /p>
2:____%;
3:____%;
4:____
5.____%;
< p> 6. ____%;7. ____%;
8. _____%;
9. ____%;
Other parties: ____%;
Both parties shall bear the losses or risks of the hotel (company) according to the above proportion.
Paragraph 3 The proportions drawn from the reserve fund, hotel (company) development fund and employee welfare incentive fund listed in the previous paragraph shall be determined by the shareholders’ meeting, but shall not exceed 40% of gross profit.
Article 7 Transfer of Shares
No party may transfer, mortgage, sell or otherwise dispose of its shares to a third party without the unanimous approval of the shareholders’ meeting and the approval of China’s competent examination and approval authorities. All or part of the shares. If a party wants to transfer shares, it must comply with the following regulations:
(1) When a party wishes to transfer all or part of its shares in the hotel (company), other shareholders of the hotel (company) have the right of first refusal; < /p>
(2) In order to give priority to the transferee, the transferor shall respond within thirty (30) days after the transferor submits a written request for transfer, otherwise the transferor shall have the right to transfer to a third party;
(3) When one party transfers all or part of its investment to a third party, the qualifications and reputation of the third party must be approved in writing by the other party. The conditions for transfer shall not be more favorable than those for transfer to the hotel (company). The party shall submit two copies of the written agreement of the transferee on the corresponding rights and obligations of the transfer to the other party of the hotel (company);
(4) During the transfer period, the company shall operate normally and shall not The work of the hotel (company) will be hindered or the organizational structure will be affected; after the transfer is approved, the hotel (company) shall go through the change registration procedures with the Administration for Industry and Commerce within thirty (30) days. Shareholding Agreement Part 3
The existing ________******__________ people, in accordance with the "Company Law of the People's Republic of China" and other relevant laws and regulations of China, based on the principle of equality and mutual benefit, and through friendly consultations, agree to the People's Republic of China ** and the State _________ City *** jointly invest and organize a limited liability company (subject to formal industrial and commercial registration), hereby enter into this contract.
1. The investors in this contract are:
1. Identity card number ____________________________________________ Telephone number ____________________________
2. Identity card number ____________________________ Telephone_______________________________
3. ID number ____________________________ Telephone ____________________________
4. ID number ____________________________ Telephone ____________________________
6. Identity card Number_______________________________ Telephone_______________________________
7. ID number ____________________________ Telephone ______________________
8. ID number ____________________________ Telephone ______________________
9. ID number ____________________________________________ Telephone ____________________________
10. ID number ____________________________ Telephone ____________________________
2. Establishment of the company
1. In accordance with the Company Law and other relevant laws and regulations, the parties to the contract agree to establish a limited liability company in __________________ City.
2. The company’s Chinese name is: ____________________________
3. Legal address: ____________________________
4. Mailing address: ____________________________
5 The legal form of the company is a limited liability company. The liability of each investor is limited to the proportion of its investment, and the liability of each party is limited to its respective contribution to the registered capital. The company's profits are shared by all parties in proportion to their contribution to the registered capital.
3. Registered capital
The company’s registered capital is _____ million yuan.
IV. Capital contribution methods and amounts of investment parties
The minimum capital contribution of each investor is RMB 100,000. All parties to the investment shall deposit the entire contribution amount in cash or cash check within 3 days after this contract is signed and becomes effective.
Among them:
1. Contribution of __________ ten thousand yuan; accounting for _____% of the total investment;
2. Contribution of __________ ten thousand yuan; accounting for _____% of the total investment;
3. Contribution of __________ ten thousand yuan; accounting for _____% of the total investment;
4. Contribution of __________ ten thousand yuan; accounting for _____% of the total investment;
p>
5. Contribution of __________ ten thousand yuan; accounting for _____% of the total investment;
6. Contribution of __________ ten thousand yuan; accounting for _____% of the total investment;
7. Contribution of __________ ten thousand yuan; accounting for _____% of the total investment;
8. Contribution of __________ ten thousand yuan; accounting for _____% of the total investment;
9. Contribution of __________ ten thousand yuan; accounting for _____% of the total investment;
10. Contribution of __________ ten thousand yuan; accounting for _____% of the total investment.
According to the provisions of the Company Law, the articles of association are formulated, the general meeting of shareholders and the board of directors are formed, and all investors promise that the company’s structure, its formation method, powers, rules of procedure, the role of the legal representative, and profit distribution shall be in accordance with the "Company Law" Law and other relevant national regulations have been formulated. The specific content is reflected in the charter.
5. Other matters that the parties to the joint venture deem necessary to stipulate
6. Modification, change and termination of the contract
1. Once this contract is signed, each investor shall Parties are not allowed to withdraw shares or capital midway, but are allowed to purchase, transfer, merge, etc. among themselves or with other investing shareholders.
2. Any modifications or changes to the contract and its attachments must be signed by all parties to the contract in order to take effect.
7. Resolution of Disputes
All disputes arising from the execution of this contract or related to this contract shall be resolved through friendly negotiation between the parties. If the negotiation cannot be resolved, the parties shall Submit it to the Hohhot Arbitration Commission for arbitration or file a lawsuit with the People's Court.
8. Effectiveness of the contract and others
Each investor in this contract shall have one copy, *** copies. It will take effect from the date of signature by all parties to the investment.
Party A (official seal): _________
Party B (official seal): _________