Three model articles on two-person partnership contract

Partnership operation means that two or more laid-off and unemployed workers or town veterans jointly contribute capital to operate in partnership, and two or more citizens respectively provide capital, materials and technology according to the agreement. The following is a model contract for partnership operation compiled by me, which is welcome for your reference.

Model Contract for Partnership Operation 1

Party A:

Party B:

Based on the principles of voluntariness, equality, fairness, honesty and credibility, Party A and Party B, through friendly negotiation, have signed this agreement on * * * joint operation in accordance with the provisions of relevant laws and regulations of the People's Republic of China.

Article 1 Purpose of the partnership

Based on the principle of long-term equal cooperation and mutual benefit, * * * cooperates with _ _ _ _ _ to create good economic and social benefits.

article 2 partnership name and main place of business:

the name of the hotel operated by the partnership is:

the place of business is located in:, and the area is square meters

article 3 partnership project and scope

the business project is _ _ _ _ marketing, and its scope includes procurement, sales, after-sales service, etc.

Article 4 Term of Partnership

The term of partnership is _ _ years, starting from _ _ _ _ and ending on _ _ _ _ _ _.

article 5: amount, mode, proportion and duration

1. party a (name) made a contribution in the form of _ _ _ _ _ _ _ _ _ _ _, accounting for%

party b (name) made a contribution of _ _ _ _ _ _ _ _.

3. The contribution of this partnership is RMB _ _ _ _ _ _ _ _ _ _. During the partnership period, the capital contribution of each partner, the income obtained in the name of the hotel and other property obtained according to law are all the property of the hotel, and each partner may not request the division of the property of the hotel before the liquidation of the hotel.

article 6 earnings, salary distribution and debt commitment

1. salary distribution:

2. bonus distribution: with the deepening of the partnership operation, bonuses will be paid at the end of the year, and the amount of bonuses will be decided by the partners after consultation according to the income status and personal contributions:

3. surplus distribution: excluding operating costs, daily expenses, wages, bonuses and taxes to be paid. The hotel distributes the surplus on the day of every year. If the surplus is negative, it will not be distributed, and the partners will distribute it according to the following items:

(1) Based on the paid-in capital contribution of each partner, it will be distributed in proportion.

(2)

4. Debt commitment: If debts arise in the course of partnership operation, the partnership debts shall be repaid by the partnership property first. If the partnership property is insufficient to pay off, it shall be borne in proportion based on the capital contribution of each partner.

Article 7 Rights and Obligations of Partners

1. Rights of Partners:

1. The decision-making power, supervision power and specific business activities of hotel affairs shall be decided by the partners * * *. No matter how much capital is contributed, everyone has the right to vote. The voting method for hotel matters: but for changing the name of the hotel; Change the business scope and location of the main business premises of the hotel; Dispose of the hotel's real estate; Transfer or dispose of the intellectual property rights and other property rights of the hotel; Providing guarantee for others in the name of the hotel; The appointment of a person other than a partner as the hotel management personnel can only be implemented with the unanimous consent of all partners;

②. Partners have the right to distribute the interests of the partnership;

③. Partners have the right to quit the partnership;

④.

2. Obligations of partners:

①. Maintain the unity of partnership property according to the partnership agreement;

②. Debt to share the operating losses of the partnership;

③ bear joint and several liabilities for the partnership debts;

④ it is forbidden to conduct business activities in the name of the hotel without the consent of all partners; If the benefits gained from its business belong to all partners, the losses caused by it shall be fully compensated by the partner personally;

⑤. It is forbidden to participate in the business similar to or competitive with this partnership project;

⑥. Unless otherwise agreed in the partnership agreement or agreed by all partners, no transaction shall be conducted with this partnership;

⑦. Do not engage in activities that harm the interests of this partnership.

article 8 person in charge of the partnership

all partners decide that the entrusting party is the person in charge of the partnership and represents the hotel externally.

Its authority is:

① To conduct business abroad and conclude contracts;

② conduct comprehensive daily management of the hotel;

(3) setting operating prices and purchasing commonly used goods;

④、____________________ _;

⑤、___________________ _;

Its obligations are as follows:

① Report the implementation of hotel affairs to other partners on a regular basis;

②. Operation and financial status of the term partnership;

the income generated by party 3 in the execution of the hotel office belongs to the hotel, and the expenses and losses incurred shall be borne by the hotel.

the partner who does not perform hotel affairs has the right to supervise the execution of hotel affairs by the executive partner; Have the right to consult the accounting books and other financial materials of the partnership.

Article 9 Admission, withdrawal, property contribution and transfer

(1) Admission

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

2. The new partner must acknowledge and sign this partnership agreement;

3. The new partner in the partnership enjoys the same rights and assumes the same responsibilities as the original partner; The new partner who joins the partnership shall be jointly and severally liable for the debts of the partnership before joining the partnership.

(2) Quit the partnership

1. Quit the partnership voluntarily. During the term of operation, a partner may withdraw from the partnership under any of the following circumstances:

① The reasons for withdrawing from the partnership agreement appear;

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

③ there is a legal reason why it is difficult for partners to continue to participate in the partnership.

if a partner withdraws from the partnership without authorization and causes losses to the partnership, it shall compensate all the losses of the other partners.

2. Of course, quit. A partner will of course quit the partnership in any of the following circumstances:

① Death or being declared dead according to law;

② being declared as a person without civil capacity according to law;

③ the individual loses the ability to pay debts;

④ other legal reasons.

the effective date of withdrawal is the actual date.

3. Withdraw from the partnership. In case of any of the following circumstances, a partner may be removed by resolution with the unanimous consent of other partners:

① Failure to fulfill the obligation of capital contribution;

② causing economic losses to the hotel due to intentional or gross negligence;

③ there is improper behavior when performing hotel affairs;

④

The removed celebrity shall be informed in writing of the resolution of removing the partner. The removed celebrity shall become effective from the date of receiving the notice of removal, and the removed celebrity shall withdraw from the partnership. If the removed celebrity disagrees with the resolution of delisting, he may bring a suit in a people's court within 3 days from the date of receiving the notice of delisting.

after a partner quits the partnership, the other partners and the quitter shall settle accounts according to the property status of the partnership at the time of quitting the partnership.

(III) Contribution of the share of the partnership property

If a partner pledges his share of the partnership property, it must be unanimously agreed by other partners; Without the unanimous consent of other partners, its behavior is invalid, thus causing losses to a bona fide third party, and the actor shall be liable for compensation according to law.

(IV) Transfer of partnership property

Partners are allowed to transfer all or part of their share of property in the partnership. Under the same conditions, other partners have the priority to be assigned. If it is transferred to a third party other than a partner, it must be unanimously agreed by the other partners (or otherwise agreed:) The third party should be treated as a new partner, otherwise the transferor will be treated as a withdrawal. If a third party other than a partner receives the share of the partnership property, it will become a partner of the partnership after amending the partnership agreement.

Article 1 Termination and liquidation of the partnership

(1) The partnership is dissolved due to the following circumstances:

1. The partnership term expires;

2. All partners agree to terminate the partnership;

3. There are no legal partners;

4. The partnership transaction is completed or cannot be completed;

5. It is revoked according to law;

6. There are other reasons for the dissolution of the partnership as stipulated by laws and administrative regulations.

(2) liquidation of the partnership:

1. After the dissolution of the partnership, liquidation shall be conducted and the creditors shall be notified;

2. The liquidator shall be appointed by all the partners or with the consent of more than half of all the partners, and shall appoint _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ partners or entrust a lawyer, accountant and other third parties to act as the liquidator within 15 days after the dissolution of the partnership. If the liquidator is not determined within 15 days, the partners or other interested parties may apply to the people's court to appoint the liquidator.

3. After paying the liquidation expenses, the partnership property shall be paid off in the following order: the wages and labor insurance fees owed by the partnership to the employees; Tax owed by the partnership; Debt of partnership; Return the capital contribution of the partners.

4. if there is any surplus after settlement, it shall be distributed according to the method in paragraph 1 of article 6 of this agreement.

5. In case the partnership suffers losses during liquidation and the partnership property is insufficient to pay off, it shall be handled according to the method of surplus distribution in Paragraph 3 of Article 6 of this Agreement. Each partner shall bear unlimited joint and several liability, and if the amount paid by the partner exceeds the amount he should bear due to joint and several liability, he shall have the right to recover from other partners.

Article 11 Liability for breach of contract

(1) If a partner fails to pay the capital contribution on time or in full, it shall compensate the other partners for the losses caused thereby; If the capital contribution is not paid in full within _ _ days after the deadline, it will be treated as withdrawal;

(2) If a partner transfers his share of the property without the unanimous consent of the other partners, if the other partners are unwilling to accept the transferee as a new partner, they may be treated as withdrawing from the partnership, and the transferred partner shall compensate all the losses caused by the other partners;

(3) if a partner pledges his share of the property in the hotel without permission, his behavior will be invalid, and if losses are caused to other partners, the partner shall bear all the compensation responsibilities;

(4) if a partner seriously violates this agreement or the hotel is dissolved due to gross negligence, it shall be liable for compensation to other partners;

(V)

Article 12 Settlement of disputes by agreement

All disputes arising from or related to this agreement shall be negotiated by the partners. If negotiation fails, they shall be submitted to the court for prosecution.

Article 13 Other

Upon consensus through consultation, the partners may modify this Agreement or supplement matters not covered; In case of any conflict between the supplementary and revised contents and this Agreement, the supplementary and revised contents shall prevail:

Article 14 Effective Provisions

This Agreement is made in duplicate, one for each partner, and shall come into effect after being signed and sealed by all partners. Signature and seal of all partners:

Party A:

Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ In order to clarify the rights and obligations of all parties, the parties to the partnership signed a partnership agreement based on the principles of fairness and mutual benefit:

Article 1 Hotel management purpose: * * * operate together and obtain satisfactory profits.

article 2 partnership project: catering, and its business address is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

article 3 the term of the partnership is tentatively set at six years, starting from the date of the year and ending on the date of the year, * * * years.

article 4 amount, mode, term and account of capital contribution.

1. Partners contribute in cash, RMB yuan, accounting for partners' contribution in cash, RMB yuan, accounting for partners' contribution in cash, and RMB yuan, accounting for the proportion of shares.

2. The contribution of this partnership is RMB * * *. During the partnership period, the capital contribution of each partner is * * * property, and it is not allowed to request division or recovery at will.

3. In the course of business operation, if additional investment is needed, the partners must increase the capital within the specified time in proportion to their shares. Otherwise, the ownership of the shares in the partnership is deemed to have been abandoned, and all the purchased goods are included in the investment in fixed assets, and depreciated according to the service life.

4. set up a deposit and withdrawal account as the official account for each expenditure and income.

article 5 surplus distribution and debt commitment. The partners * * * take risks and * * * lose profits and losses.

1. surplus distribution: based on the amount of capital contribution, it is distributed according to the proportion of investment.

2. Because the major shareholder has made the same efforts in the hotel operation, but he has not been paid, the hotel has allocated 1% of the total turnover for the major shareholder's activities.

3. Debt commitment: the debts in the course of operation shall be repaid with the partnership property first. When the partnership property is insufficient to pay off, the partners shall bear the debts together. After any party repays the debts, the other parties shall pay off their due share to the other party within 1 days according to the investment proportion.

article 6 entry, exit and transfer of capital contribution.

(I) Admission

1. The admission of new partners must be approved by all partners;

2. undertake and sign this partnership agreement;

3. Unless otherwise agreed in the partnership agreement, the new partner who joins the partnership enjoys the same rights and assumes the same responsibilities as the original partner, and the new partner who joins the partnership is jointly and severally liable for the debts of the partnership before joining the partnership.

4. people who have nothing to do with the hotel are not allowed to take up the occupation.

(2) Quit the partnership

1. Quit the partnership only if there are justified reasons;

2. Don't quit when the partnership is unfavorable;

3. To quit the partnership, the partner must be informed months in advance and the partner agrees;

4. after quitting the partnership, the settlement shall be made according to the property status at the time of quitting the partnership, and the capital contribution shall be settled in RMB in any way. If withdrawing from the partnership without the consent of the partners causes losses to the other partner, it shall compensate for the losses.

(3) Transfer of capital contribution.

1. Allow partners to transfer all their property shares in the partnership to other partners. The partnership shares shall not be transferred to anyone other than the partners, otherwise it will be treated as withdrawal. Major shareholders have the preemptive right.

2.