Traditional Culture Encyclopedia - Hotel reservation - Is it necessary to sign an agreement to operate a hotel in partnership?
Is it necessary to sign an agreement to operate a hotel in partnership?
Legal subjectivity:
Hello, many people choose to start a business, and partnership is a more trendy way. It is best to sign a cooperation agreement for partnership. You can refer to the following Sample partnership hotel agreement: Partner: ____________ Name________Gender____Age________ Address___________ (Other partners fill in the items in the order listed above) Article 1. Purpose of partnership Article 2. Projects and scope of partnership operations 3. Article 1. Partnership term: The partnership term shall be ________ years, commencing on ____ month ____ of ________ year and ending on _________ day of ________ year. Article 4 Amount, method and term of capital contribution 1. Partner ____________ (name) contributes capital in the form of ____________, totaling 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, _____________, year ____________. If payment is overdue or not paid in full, the amount of the unpaid amount should be paid. Calculate and pay bank interest and compensate for the losses caused. 3. The partnership’s investment *** totals RMB ____________ 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 remains individually owned and will be returned at the time. Article 5 Surplus Distribution and Debt Assumption 1. Surplus distribution shall be based on _________ and be distributed in proportion. 2. Debt borne: Partnership debts are first repaid by the partnership property. If the partnership property is insufficient to repay, the partnership debts will 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 must be recognized; ② The consent of all partners must be obtained; ③ The rights and obligations stipulated in the contract must be performed. 2. Withdrawal from the partnership: ① You must have justifiable reasons to withdraw from the partnership; ② You are not allowed to withdraw from the partnership when the partnership is unfavorable; ③ Withdrawal from the partnership must be notified to other partners ________ months in advance and approved by all partners; ④ After withdrawal from the partnership, the property status at the time of withdrawal shall be used The settlement, regardless of the method of capital contribution, shall be settled in money; ⑤ If the partner withdraws from the partnership without the consent of the contracting party and causes losses to the partnership, compensation shall be paid. 3. Transfer of investment: Partners are allowed to transfer their investment. When transferring, partners have priority to transfer. If a third party other than a partner is transferred, the third party will be treated as joining the partnership. Otherwise, the transferor will 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 Conduct external business and conclude contracts; ② Conduct daily management of the partnership; ③ Sell partnership products (goods) and purchase commonly used goods; ④ Pay 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; inspect the partnership's account books and operating conditions; ④ jointly decide on major partnership matters. Article 8 Prohibited Behaviors 1. Without the consent of all partners, any partner is prohibited from privately conducting business activities in the name of the partnership; if the profits obtained from the business belong to the partnership, the losses caused shall be compensated according to the actual losses. 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: ① expiration of the partnership term; ② all partners agree to terminate the partnership; ③ completion or failure of the partnership; ④ violation of the law by the partnership Cancellation; ⑤ The court decides to dissolve according to the request of the relevant parties. 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 the liquidation, it will be based on collecting claims, paying off debts, returning capital contributions, and distributing the surplus in proportion. The order of property is carried out.
Fixed assets and indivisible things can be sold to partners or third parties at a price, and the price will participate in the distribution; ③ If there is a loss after liquidation, regardless of the amount of capital contributed by the partners, it will first be repaid with the partnership property. If the partnership property is insufficient to pay off Part of it shall be borne by the partners 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 come into 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 among the partners. Supplements and modifications have the same effect as this contract. Article 13 Miscellaneous Article 14 The original copy of this contract is made in ____ copies. Each partner shall hold one copy and send one copy to ____. Partner: ____________ Partner: ____________ ____ year ____ month ____ day ____ year ____ month ____ day Legal objectivity:
Civil Code Article 14 Article 13 A civil legal act is valid if it meets the following conditions: (1) The actor has the corresponding capacity for civil conduct; (2) The expression of intention is true; (3) It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
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