Traditional Culture Encyclopedia - Hotel franchise - Catering Partnership Agreement

Catering Partnership Agreement

Catering Partnership Agreement (3 selected articles)

With the strengthening of people’s legal awareness, contracts are used more and more widely in life. Signing a contract can encourage both parties to negotiate in a standardized manner. Commitment and fulfillment of cooperation. There are different types of contracts, and of course they have different purposes. Below are the catering partnership agreements I have collected for you (selected 3 articles). You are welcome to learn from them and refer to them. I hope they will be helpful to you.

Catering Partnership Agreement 1

Party A: XXX

Party B: XXX

Party C: XXX

Party Ding: XXX

Party A, Party B, Party C, and Party Ding, as partners (with copies of ID cards attached), have reached the following partnership agreement through friendly negotiation regarding the joint establishment of a catering enterprise for the four parties** *Abide by the same.

1. Purpose of partnership

The partners operate a catering enterprise in partnership based on their own capital and management advantages, and work through legal means by the partners in order to obtain and share economic benefits. *** Take risks.

2. Partnership name and main business place

The name of the catering enterprise operated by the partnership is:

Business location: XXXX-storefront;

Business area: approximately 200 square meters (excluding temporary installations).

3. Partnership business projects and scope

The business project is catering, and the business scope is determined or adjusted by the partners*** at the same time.

IV. Partnership period

The partnership period is 5 years, starting from December 1, 20xx to November 30, 20xx.

V. Capital Contribution Amount, Proportion and Term

(1) Partner’s Capital Contribution Amount and Proportion

Party A XXXX contributed cash in the amount of RMB 100,000 , accounting for 28.5%. Party B XXXX contributed cash in the amount of RMB 100,000, accounting for 28.5%. Party C XXXX contributed cash in the amount of RMB 100,000, accounting for 28.5%. Ding Fang XXXX contributed cash, totaling 50,000 yuan, accounting for 14.5%.

(2) The capital contribution of each partner shall be paid in two installments, including: 50% on November 25, 20xx and 50% on December 15.

(3) The partnership contributed a total of 350,000 yuan. During the partnership period, the capital contributed by each partner is the exclusive property of the partnership and cannot be divided at will. After the partnership is terminated, the capital contributed by each partner will still be owned by the individual and will be returned on the day the agreement is terminated or as agreed upon by the partners.

6. Financial management, surplus distribution and debt assumption

(1) Financial management

1. Account management

Partners agree Open a special managed account at ICBC, and all income related to the partnership must enter the account in a timely manner, including partnership capital contributions. The business payee must deposit the business income into the account on the afternoon of the same day and the morning of the next day.

2. Management Responsibility

(1) The partners agree that Party A will be responsible for financial management.

(2) The partners agree that Party B will be responsible for supervising the financial management and send staff to serve as cashiers.

(2) Management of daily expenses

The partners agree that daily expenses shall be signed and approved by Party A, but before payment, the following should be met:

(3) Distribution of surplus

Income other than operating costs, daily expenses, wages, bonuses, taxes and fees to be paid, etc., is net profit, which is the partnership’s surplus income. The partners will distribute it according to the proportion of their capital contribution, and 50% will be settled at the time of distribution. , reserve 50% (separate account management) as later development or expansion funds.

(4) Debt assumption

If debts are incurred during the partnership operation, the partnership debts will first be repaid by the partnership property. When the partnership property is paid off, the capital contribution of each partner will be used as the liability. shall be borne proportionately.

7. Decision-making matters and division of labor among partners

(1) All partners *** unanimously decide on partnership affairs, including but not limited to the following matters:

1. Entering into external contracts;

2. Daily management of partnership projects;

3. Setting operating prices and purchasing commonly used goods;

4. Payment Partnership debts;

5. Other matters that need to be decided temporarily.

(2) Partners’ personal business and division of labor

1. As a partner and principal, Party A serves as the legal representative of the partnership enterprise on behalf of all partners and is responsible for daily operations. Management and transaction processing.

2. Party B is responsible for the financial supervision of the partners, and forms the income and expenditure situation on a monthly basis, and reports the situation to the partners' meeting.

3. Party B is responsible for organizing the marketing work of the partnership, and serves as the partnership liaison, responsible for contacting and arranging partner meetings, and tracking and implementing the decision-making matters formed.

4. Party C is responsible for the kitchen management of the partnership. In addition to the partnership income, Party C will be paid on a monthly basis.

8. Joining, exiting, and transfer of capital contribution

(1) Joining

1. The joining of a new partner must be approved by all partners;

2. New partners must acknowledge and sign this partnership agreement;

3. Unless otherwise agreed in the partnership agreement, new partners who join the partnership enjoy the same rights and bear the same responsibilities as the original partners. ; New partners who join the partnership shall bear joint and several liability for the debts of the partnership before joining the partnership.

(2) Withdrawal from the partnership

1. Voluntarily withdraw from the partnership. During the business period, a partner may withdraw from the partnership under the following circumstances:

① Reasons for withdrawal specified in the partnership agreement;

② Withdrawal from the partnership with the written consent of all partners;

③ Legal reasons why it is difficult for a partner to participate in a partnership.

If a partner withdraws from the partnership without authorization and causes losses to the partnership, the partners shall be compensated for the losses.

2. Of course, quit the partnership. A partner will of course withdraw from the partnership if he meets the following circumstances:

① dies or is declared dead according to law;

② is declared to be a person without civil capacity according to law;

③ An individual loses his or her ability to repay debts;

④The share of property in a partnership that is forced by the court.

For withdrawal from the partnership under the above circumstances, the date on which the above circumstances occur shall be the effective date of withdrawal.

3. Removal from the partnership. If a partner has the following circumstances, he or she may be removed from the partnership with the consent of the partner:

① Failure to perform capital contribution obligations;

② Causing economic losses to the partnership due to intentional or gross negligence ; ③ Improper conduct when executing partnership affairs;

④ Matters stipulated in the partnership agreement.

The decision to remove a partner must be notified in writing to the person being removed. The removal will take effect from the date when the person to be removed from the company receives the notice of removal, and the person to be removed from the partnership will withdraw from the partnership. If the person being removed has any objection to the removal resolution, he or she may file a lawsuit in court within 30 days from the date of receiving the removal notice.

After a partner withdraws from the partnership, settlement shall be made between the partner and the withdrawing partner based on the property status of the partnership at the time of withdrawal.

(3) Transfer of capital contribution

Partners are allowed to transfer their capital contribution or property shares in the partnership. Under the same conditions, partners have priority to receive the transfer. If it is transferred to a person other than a partner, the transferee shall be treated as a new member of the partnership, otherwise the transferor shall be treated as a member who has withdrawn from the partnership. If a person other than a partner receives a share of the partnership's property, he or she shall become a partner of the partnership upon modification of the partnership agreement.

9. Rights and Obligations of Partners

(1) Rights of Partners

1. The right to decide, supervise and major operations on partnership affairs Activities are decided jointly by the partners, and all partners have equal voting rights;

2. Partners have the right to distribute partnership interests;

3. Partners should distribute interests according to According to the distribution agreed in this agreement, the property accumulated by the partnership belongs to the partners;

4. The partners have the right to withdraw from the partnership.

(2) Obligations of partners

1. Contribute capital as stipulated in the partnership agreement;

2. Share the operating losses of the partnership;

< p> 3. Be jointly and severally liable for partnership debts.

10. Prohibitions

(1) Without the consent of all partners, any partner is prohibited from conducting private activities in the name of the partnership; if the benefits belong to all partners, the loss will be borne by the partner. The partners shall bear all the compensation personally;

(2) Unless otherwise agreed in the partnership agreement or with the consent of all partners, partners shall not conduct transactions with the partnership;

( 3) A partner engages in activities that harm the interests of the partnership.

11. Termination and liquidation of partnership

(1) Partnership is dissolved due to the following circumstances

1. The partnership term expires and the partners have no intention to continue to enter into a partnership Agreement;

2. All partners agree to terminate the partnership;

3. There is no longer a legal number of partners;

4. The partnership affairs are completed or cannot be completed ;

5. Being revoked in accordance with the law;

6. Reasons for the dissolution of the partnership as stipulated in laws and administrative regulations.

(2) Liquidation of partnership

1. After the partnership is dissolved, it shall be liquidated and creditors shall be notified;

2. All partners shall serve as liquidators. If the liquidation is not completed within 15 days, the partners or interested parties may apply to the court to appoint a liquidator.

3. After paying the liquidation expenses, the partnership property shall be paid off in the following order: employee wages and labor insurance premiums owed by the partnership; taxes owed by the partnership; debts of the partnership; and return of the capital contributions of the partners. .

4. If there is any remainder after repayment, it will be distributed according to the method in Article 6 of this Agreement.

5. If the partnership suffers a loss during liquidation and the partnership property is liquidated, it shall be handled in accordance with the surplus distribution method in Article 6 of this Agreement. Each partner shall bear unlimited joint and several liability for repayment. The partners shall bear joint and several liability. If the amount of repayment exceeds the amount they should bear, they shall have the right to recover compensation from the partners.

12. Liability for breach of contract

(1) If a partner fails to pay the capital on time or fails to pay in full, he shall compensate the losses caused to the partner; If the capital contribution is fully paid, it will be treated as a withdrawal from the partnership;

(2) If a partner transfers his property share without the consent of the partner, and the partner is unwilling to accept the transferee as a new partner, it may be treated as a withdrawal from the partnership. The transferred partner shall compensate for the losses caused to the partner;

(3) If a partner privately pledges his share of property in the partnership, his act is invalid, and thus the partner will be If a loss is caused, the partner shall be liable for compensation;

(4) If a partner seriously violates this agreement or causes the partnership to be dissolved due to gross negligence or violation of the "Partnership Law", the partner shall be punished Bear liability for compensation;

(5) If a partner violates the provisions of Article 9 of this Agreement, he shall compensate the partner in full for the losses caused to him. Those who refuse to listen may be expelled by a collective decision of the partners.

Article 13 Agreement Dispute Resolution

All disputes arising out of or related to this agreement will be settled through negotiation between the partners. If the negotiation fails, either party may file a complaint with the three parties. Tai County People's Court filed a lawsuit.

Article 14 Other Matters

(1) After negotiation, the partners may modify this agreement or supplement matters not covered; if the content of the supplement or modification conflicts with this agreement , the supplemented and revised content shall prevail;

(2) The new partnership contract is an integral part of this agreement;

(3) This agreement is made in five copies, each of the partners Hold one copy and send one copy to the industrial and commercial authority.

(4) This agreement will take effect after being signed by all partners.

Party A:

Signing time:

Signing place:

Party B:

Signing time: < /p>

Signing place:

Party C:

Signing time:

Signing place:

Party D: < /p>

Signing time:

Signing location: Catering Partnership Agreement 2

Name____

Gender____

Age____

Address______.

(Other partners should fill in the items in the order listed above)

Article 1 Partnership Purpose

Article 2 Partnership Projects and Scope

< p>Article 3 Partnership Period

The partnership period is ____ years, starting from ____ month ____ day ____ year to ____ month ____ day ____ year end.

Article 4 Amount, method and term of capital contribution

1. Partner ____ (name) contributes capital in the form of ____, calculated as RMB ____ yuan. (Other partners are listed in the same order as above)

2. The capital contribution of each partner must be paid in full before ____ month ____ day of ____ year. If payment is overdue or not paid in full, bank interest shall be calculated on the unpaid amount due and compensation for the resulting losses shall be made.

3. The partnership’s investment *** totals RMB____ yuan. During the partnership period, the capital contributed by each partner remains the exclusive property of the partnership and cannot be divided at will. After the partnership is terminated, the capital contributed by each partner remains individually owned and will be returned at that time.

Article 5: Surplus distribution and debt obligations

1. Surplus distribution shall be based on ____ and shall be distributed in proportion.

2. Debt assumption: Partnership debts shall be repaid first by the partnership property. If the partnership property is insufficient to repay the debt, it shall be borne in proportion based on the ____ of each partner.

Article 6: Joining a partnership, withdrawing from a partnership, and transfer of capital contribution

1. Joining a partnership:

① This contract needs to be acknowledged;

② Required With the consent of all partners;

③Perform the rights and obligations stipulated in the contract.

2. Withdrawal from the partnership:

① You must have justifiable reasons to withdraw from the partnership;

② You cannot withdraw from the partnership when the partnership is unfavorable;

③ To withdraw from a partnership, you must notify other partners ____ months in advance and obtain the consent of all partners;

④After withdrawal from the partnership, settlement will be based on the property status at the time of withdrawal. Regardless of the method of investment, the settlement will be in money;

p>

⑤ If the partner withdraws from the partnership without the consent of the partner and causes losses to the partnership, compensation shall be made.

3. Transfer of investment:

Partners are allowed to transfer their investment. When transferring, the partners have the first right to transfer. If a third party other than the partners is transferred, the third party shall be treated as joining the partnership. Otherwise, the transferor shall be treated as withdrawing from the partnership.

Article 7 Rights of the partnership leader and other partners

1. ____ is the partnership leader. Its authority is:

① Carry out business with external parties and conclude contracts;

② Carry out daily management of the partnership;

③ Sell partnership products (goods), Purchase commonly used goods;

④Pay partnership debts;

⑤______.

2. Rights of other partners:

① Participate in the management of the partnership;

② Listen to the report on the business performance of the partnership leader;

p>

③ Check the partnership’s accounts and operating conditions;

④ Decide on major partnership matters together.

Article 8 Prohibited Behaviors

1. Without the consent of all partners, any partner is prohibited from conducting business activities in the name of the partnership privately; if the benefits obtained from the business belong to the partnership, any loss caused shall be Actual damages.

2. Partners are prohibited from operating businesses that compete with the partnership.

3. Partners are prohibited from joining other partnerships.

4. Partners are prohibited from signing contracts with the partnership.

5. If a partner violates the above provisions, he shall be compensated according to the actual losses of the partnership. Those who refuse to listen may be removed from the partnership at the discretion of all partners.

Article 9 Termination of partnership and matters after termination

1. A partnership may be terminated due to one of the following reasons:

①Expiration of the partnership term;

p>

②All partners agree to terminate the partnership;

③The partnership is completed or cannot be completed;

④The partnership is revoked in violation of the law;

⑤The court ruled on dissolution based on the request of the parties concerned.

2. Matters after the termination of the partnership:

① Immediately elect a liquidator and invite ____ intermediary (or notary) to participate in the liquidation;

② If there is a surplus after liquidation, the order of collecting claims, paying off debts, returning capital contributions, and distributing the remaining property in proportion will be followed. Fixed assets and indivisible things can be sold to partners or third parties at a price, and the price will participate in the distribution;

③If there is a loss after liquidation, regardless of the amount of capital contributed by the partners, the property will be shared with the partnership first If the partnership property is insufficient for repayment, the partners shall bear it in proportion to their capital contribution.

Article 10 Settlement of Disputes

If a dispute arises between partners, they shall negotiate together and resolve it in a manner that is conducive to the development of the partnership. If negotiation fails, you can go to court.

Article 11 This contract shall take effect and commence business on the date it is concluded and submitted to the industrial and commercial administrative authorities for approval.

Article 12 If there are any matters not covered in this contract, they shall be supplemented or modified through collective discussion by the partners. Supplements and modifications have the same effect as this contract.

Article 13 Others

This contract is made in ____ originals. Each partner shall hold one copy and send ____ to each depositary.

Partner: ____(seal)

Catering Partnership Agreement 3, __month__, year____

Party A:

Party B:

Party C:

The above parties *** and the investors (hereinafter referred to as "*** and the investors"), after friendly consultations, have agreed in accordance with the provisions of the People's Republic of China In accordance with the laws and regulations of the People's Republic of China, based on the principle of mutual benefit, the two parties have reached the following agreement on cooperative investment in restaurant projects, which shall be abided by by both parties.

Article 1 ***Amount and investment method of the same investors

Persons A, B, C and others agree to invest in the establishment of a restaurant. The capital contributions of each party are: Party A’s capital contribution, accounting for % of the total capital contribution; Party B’s capital contribution, accounting for % of the total capital contribution; Party C’s capital contribution, accounting for % of the total capital contribution. Each *** investor should remit the above-mentioned capital contribution to the designated bank before the day of the year.

Article 2: How to operate the restaurant

All investors *** concur with the entrustment to handle industrial and commercial registration. The registration type is individual industrial and commercial households, and they agree to be registered as heads of households. The restaurant has a shareholders' meeting, a board of directors and a board of supervisors. Each investor exercises their rights and performs their obligations based on their capital contribution ratio, investment agreement and articles of association.

Article 3 Profit Sharing and Loss Sharing

1. The income generated from the execution of ***Tong Investment Firm shall belong to all ***Tong Investors, ***Tong Investors Share the profits from the same investment according to the proportion of its capital contribution to the total capital contribution.

2. The losses or civil liabilities arising from the investment in the firm shall be borne by *** and the investors in proportion to their capital contribution.

3. If an investor bears more than its share of liability due to registration as an individual industrial and commercial household head, it has the right to recover compensation from the remaining investors. The remaining investors are obliged to bear responsibility for the excess in accordance with their respective proportions of capital contribution.

In addition, after consensus among the investors, they agreed to gift 5% of the restaurant’s investment share as dry shares; with this share, they can enjoy corresponding rights. After consensus among the investors, they agreed to gift 5% of the restaurant's investment share as dry shares, and enjoy corresponding rights based on this share.

Article 4 Affairs Execution

1. *** and the investors are authorized to represent all *** and investors to execute the affairs of the establishment stage of the restaurant, including but not limited to representing all *** The same investor shall complete registration and filing procedures with the industrial and commercial department in the name of the owner of an individual industrial and commercial household;

2. Other investors have the right to inspect the execution of daily affairs and are obliged to report to other investors Report the operating conditions and financial status of ***Co-investors;

3. If other ***Co-investors suffer losses due to their negligence or failure to comply with this agreement when executing affairs, they shall be liable for compensation Responsibility;

4. *** Investors may raise objections to the execution of *** investment matters. When an objection is raised, the execution of the matter shall be suspended. If a dispute occurs, it will be decided jointly by all shareholders and investors.

Article 5 Investment and Transfer of Investment

1. During the existence of the restaurant, if a person other than *** the same investor wishes to invest in the restaurant, he must go through *** Approved by all investors.

2. When a *** co-investor transfers all or part of its capital contribution in *** co-investment to a person other than the *** co-investor, it must go through all *** co-investments shareholders who do not agree to the transfer shall purchase the capital contribution for the transfer. If they do not purchase the capital contribution for the transfer, they shall be deemed to have agreed to the transfer.

3. When *** transfers all or part of the investment in *** mutual investment between *** investors, other *** mutual investors shall be notified;

4. If a co-investor transfers his capital contribution in accordance with the law, other co-investors shall have priority to receive the transfer under the same conditions. 5. As the only investor registered with the industrial and commercial department, make a commitment to other investors not registered with the industrial and commercial department: not to unilaterally transfer all or part of the assets or rights without the written consent of other investors; otherwise, in addition to the need to transfer to other investors In addition to returning assets and compensating for losses, investors must also bear relevant criminal and civil liabilities for misappropriating the assets of other investors.

Article 6 Liability for breach of contract

1. All investment parties shall abide by this agreement and shall not breach the contract, otherwise they shall bear liability for breach of contract to the non-defaulting party.

2. Any party that fails to contribute capital on time shall bear all legal consequences arising from the delayed capital contribution, and shall bear the operating losses of RMB/day to the non-defaulting party.

3. If either party delays its capital contribution for more than 3 months, causing difficulties in production and operation, or any party expressly states that it will no longer contribute capital or expresses by behavior that it will not perform its capital contribution obligations, the defaulting party will not only assume all economic responsibilities, but also Each non-defaulting party shall be liable for 20% of the delayed capital contribution as liquidated damages.

Article 7 Others

1. When the restaurant cannot be established, the debts and expenses incurred by the establishment shall be shared among the investors in proportion to their capital contributions.

2. Matters not covered in this agreement shall be signed separately by *** after consensus with the investors. If consensus cannot be reached, either party has the right to file a lawsuit with the court where the restaurant is domiciled.

3. This agreement is made in duplicate, with *** and the investor each holding one copy. It will take effect after it is signed and stamped by all shareholders and investors.

Party A:

Contracting time: ____________month____day

Party B:

Contracting time: ____________month____year day;