Traditional Culture Encyclopedia - Photography and portraiture - Is it legal for the company to recruit partners?
Is it legal for the company to recruit partners?
1. What do company partners mainly do?
1, basic responsibilities of partners
Partners are obliged to provide the agreed funds, materials and technology in accordance with the partnership agreement. No matter whether partners provide funds, materials or technology, they should clearly stipulate in the partnership agreement, and partners should perform their obligations according to the specific requirements such as quantity and quality agreed in the agreement, otherwise they should bear corresponding civil liabilities.
2. Business responsibilities of partners
Partners have the obligation to directly participate in joint operation and joint labor. This common economic interest is realized through the partnership and joint work of partners, otherwise the qualification of partners cannot be obtained. According to the judicial interpretation of the Supreme People's Court, a citizen who provides funds or objects according to the agreement and agrees to participate in the distribution of partnership income, but does not participate in the partnership operation and labor, or a citizen who provides technical services without providing funds or objects, but agrees to participate in the distribution of income, is regarded as a partner.
3. The supervision and inspection responsibilities of partners
Partners are obliged to accept supervision and inspection. The management of individual partnership is closely related to the interests of each partner. To this end, it is required to work together with the partner Qi Xin and supervise each other. For example, the person in charge of a partnership enterprise should regularly announce major matters such as operation, accounts and property to the partners, and accept the supervision and inspection of the partners. If the person in charge of a partnership enterprise causes losses to other partners due to his own fault, he shall bear corresponding civil liabilities. If the circumstances are serious, all partners may also cancel their qualification as the person in charge through consultation.
4. Debt liability of partners
Partners shall be jointly and severally liable for the debts of the partnership, unless otherwise provided by law. Partners shall bear civil liability for the business activities of the person in charge elected by them and other members of the partnership. Partners are jointly and severally liable and have certain repayment obligations to the debts of other partners.
Second, about the rights and obligations of partners.
As investors in a partnership, partners enjoy rights and assume obligations in the enterprise. Generally speaking, the rights of partners are to operate the partnership, participate in the implementation of partnership affairs and enjoy the income distribution of the enterprise; The obligation is to abide by the partnership agreement, bear the operating losses of the enterprise, and increase investment in the enterprise as needed. Since the partnership is a partnership, the rights and obligations of the partners are mainly determined by the partnership agreement, and some specific rights and obligations can also be jointly determined by all partners afterwards. However, the law also makes some necessary provisions on the specific rights and obligations of some partners.
Legal basis: People's Republic of China (PRC) Partnership Enterprise Law.
Article 7 A partnership enterprise and its partners must abide by laws and administrative regulations, social ethics and business ethics, and assume social responsibilities.
Article 8 The lawful property and rights and interests of a partnership enterprise and its partners shall be protected by law.
Article 9 To apply for the establishment of a partnership enterprise, an application for registration, a partnership agreement, a partner's identity certificate and other documents shall be submitted to the enterprise registration authority; If there are items in the business scope of a partnership that need to be approved before registration according to laws and administrative regulations, it shall be approved in accordance with the law and submit the approval documents at the time of registration.
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