Please help solve the partnership problem, how to solve the conflict between the partners?

This is simple, 1, this is an investment project, in this project, both of you are the main investor is the shareholder, so what is the target of the investment, is the excavator, the excavator is your assets. In other words, each of you has assets of 200,000 yuan, and each of you accounts for 50% of the shares.

2. When the excavator project is in operation, it is indispensable to need people to open it, as well as various maintenances, so the personnel salary and maintenance cost are the operating costs of the project. In other words, the overall cost of your salary and equipment maintenance is the total cost of project operation, and at this point, the brother should clearly calculate the accounts, and the list of driver's wages (your salary) and equipment maintenance expenses should be clear so that it can be easily checked by any shareholder.

3. The income of the excavator project is the balance after deducting the "total cost of project operation" described in the second point, and the balance agreed by both parties is to repay the loan partially, according to this logic, you need to make a list of funds, and clearly calculate the balance of the monthly balance to repay the loan, so that the shareholders can clearly calculate! Until, after all the loans have been repaid, the balance will actually become the proceeds of your project.

4. According to the proportion of investment between you and both of you, the income part of the dividends, the conditions and methods of dividends, and the amount of dividends can be discussed clearly at the time of partnership, and must not be discussed afterwards!

5. Special emphasis should be placed on! The foundation of trust between the partners is based on all openness and fairness, so all accounts, as well as your own wages, must be set according to this principle!

Your income is: salary + dividends (assuming you hire someone to open, you also need to pay wages to others, therefore, wages are paid to the workers on the job, and dividends are to investors).

His income is: dividends (he cannot be paid if he does not take on the actual job in the operation of the project).

Finally, if the excavator is sold in the future, the value of the residual value of the excavator will be shared according to the proportion of investment! According to your agreement, it is one and a half.

If it is only calculated according to the invested funds, the total investment of 400,000 yuan is 200,000 yuan each, then the shares are 50% each.

However, he will not open only you, you have technology, it can also be counted as a technology share.

Moreover, as a cooperative sponsor, it also has a certain start, and can have a slight advantage in share distribution.

Personally, I think you should be able to have a little more stake than him. As for how much is appropriate, it depends on the technical content and the negotiation between the two of you. In terms of specific allocation, you can discuss with the other party from this perspective.

Of course, wages need to be calculated separately, even if you hire workers, you have to pay wages.

There is no fixed answer to the question of how to solve conflicts between partners, because different partners may have different reasons for conflicts and solutions. In general, conflicts between partners can be caused by the following aspects:

The unfair distribution of benefits has led to dissatisfaction and resentment among the partners.

The lack of clarity in the division of roles leads to conflicts and interference between partners.

Inadequate communication leads to misunderstandings and estrangements between partners.

Values are not aligned, leading to disagreements and antagonisms between partners.

Lack of trust leads to suspicion and betrayal between partners.

If there is a conflict between the partners, measures should be taken in time to resolve the conflict and avoid affecting the relationship and career development. Generally speaking, there are several ways to resolve conflicts between partners:

Negotiate and communicate, find out the root cause of the conflict, seek solutions acceptable to both parties or parties, respect each other's opinions and interests, and reach consensus and compromise.

Standardize management, formulate reasonable partnership agreements, clarify the rights and obligations of partners, set up assessment and incentive mechanisms for partners, abide by the agreements and rules of partners, and protect the interests and responsibilities of partners.

Enhance trust, share information and resources for cooperation, exchange experiences and feelings of cooperation, support decision-making and actions for cooperation, express confidence and expectations for cooperation, and establish trust and friendship for cooperation.

Seek common ground while reserving differences, recognize the strengths and weaknesses of partners, understand the thoughts and feelings of partners, respect the choices and preferences of partners, tolerate the differences and mistakes of partners, and appreciate the value and contributions of partners.

I hope that you can maintain a good cooperative relationship with your partner and create a successful business together.

Conflicts between partners are a common problem, but if not resolved, it can have a big impact on the development of the partnership. Here are some suggestions for dealing with conflicts between partners:

1.Communication: The first thing to do is to maintain good communication. Partners should communicate openly with each other about their ideas and questions, and try to understand each other's positions as much as possible. In communication, it is necessary to avoid offensive language, respect the other person's opinion, and find ways to solve problems.

2.Seek help from a third party: If the conflict between partners is serious, you can seek help from a third party, such as a business consultant, lawyer, intermediary, etc. They can provide professional advice and suggestions to help partners find solutions to problems and alleviate conflicts.

3.Establish a proper decision-making mechanism: It is very important to establish a suitable decision-making mechanism in the partnership.

This can help avoid conflicts due to personal interests. For example, decisions can be made through voting, committees, etc., to ensure that each partner has an equal voice and decision-making power.

4.Dealing with disagreements: If there are disagreements between partners, they can be resolved through compromise, negotiation, etc.

When dealing with disagreements, be careful to focus on the issue itself rather than personal attacks. The two sides can find some common ground, compromise and negotiate to avoid the situation from getting worse.

In general, dealing with conflicts between partners requires both parties to remain rational and calm, to find solutions to problems as much as possible, and to maintain good communication and cooperative relations.

Legal analysis: The partnership can be negotiated and dealt with if it falls out. If the parties to the partnership cannot reach an agreement, mediation by someone else may be a good way to resolve the issue.

Because of the mediation of a third party in a neutral position. If the dispute cannot be resolved by other means, then it can be resolved fairly and reasonably through legal means. It may be agreed that the dispute shall be resolved by arbitration or court litigation.

If arbitration is conducted, the arbitration institution shall make it clear that the arbitration institution shall agree. In the event of a court action, the court at the place where the defendant is domiciled or where the contract is performed shall have jurisdiction.

Legal basis: Article 45 of the Partnership Enterprise Law of the People's Republic of China If the partnership agreement stipulates the term of the partnership, during the existence of the partnership, the partners may withdraw from the partnership under any of the following circumstances:

1) The reason for withdrawal stipulated in the partnership agreement appears;

2) With the unanimous consent of all partners;

3) Hunger and envy The occurrence of the difficulty of the partners to continue to participate in the partnership;

4) The other partners have seriously violated the obligations stipulated in the partnership agreement.

Legal Analysis: Withdrawal. It is necessary to return the capital contribution and divide the current assets arising from the capital contribution. Negotiate first, preferably by consensus. If the situation is not optimistic, you can go to court to sue.

Legal basis: Article 45 of the Law of the People's Republic of China on Partnership Enterprises Article 45 If the term of the partnership is stipulated in the co-tenant agreement, during the existence of the partnership, the partners may withdraw from the partnership under any of the following circumstances:

1) The partnership agreement stipulates that the rough type of tung gang Yan Tan is caused by the appearance;

2) With the unanimous consent of all partners;

3) The occurrence of reasons for the partners to continue to participate in the partnership;

4) The other partners have seriously violated the obligations stipulated in the partnership agreement.

Under normal circumstances, the partners are friends, and the conflict of interest is not very large, it is recommended that the two or more parties negotiate to solve it and find a partnership plan that is acceptable to everyone, after all, the ultimate goal of the partnership is that the partners can get their own interests, there is no need to make the relationship worse, otherwise the interests will be damaged! If the negotiation fails, it can be dealt with accordingly according to the partnership agreement, including compensation, but the premise is that there is a written partnership agreement and signing! However, this will bring some problems, such as in terms of capital contribution, and you may have to find a new partner, which must be cautious.

Compensation may be claimed for the losses caused to other partners by the partner's actions, and if he refuses to bear the responsibility, he may file a lawsuit with the people's court. If a partner does not make a capital contribution, he can directly ask him to withdraw and find a new partner.

If a partner initiates the establishment of a company, it may be handled in accordance with the Company Law of the People's Republic of China and the articles of association. If a shareholder or senior manager deliberately harms the interests of other investors in various improper ways, he or she may require the company or other shareholders to repurchase the equity, and may require the company or the infringer to compensate for the losses. If the relevant person refuses to make the request, he or she may request the supervisor or the board of supervisors to exercise their rights.

If that doesn't work, the shareholders can also file a lawsuit with the people's court.

If there is a contradiction in the partnership business, the only way to do business is to separate, either withdraw the shares or contract it by itself, because the contradiction will become bigger and bigger together.

I partnered with Hu to buy a plot, agreed to invest 20 million per person, I first entered 10 million, but the last 10 million ran out of money, and finally made up for it ten days after the agreement, if you can't make up for the 10 million you want, it doesn't count, that is, it becomes his.

Answer: Article 143 of the Civil Code stipulates that a civil juristic act is valid if the following conditions are met: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

An agreement is only valid if it meets the above requirements, and it is protected by law.

If the contract is unfair, the parties may negotiate to amend the contract, and if the negotiation fails, the parties may request the court or arbitration institution to revoke the contract under the circumstance that the statutory fairness is met.

According to Article 151 of the Civil Code implemented in 2021, if one party takes advantage of the other party's distress or lack of judgment ability, resulting in the establishment of a civil juristic act that is obviously unfair, the injured party has the right to request the people's court or arbitration institution to revoke it.

Article 157 stipulates that after a civil juristic act is invalid, revoked, or determined to be ineffective, the property acquired by the actor as a result of the act shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions.

If the negotiation fails, you can sue, kiss.

Materials required to go to the court to file a lawsuit: 1. The civil complaint generally contains the identity information of the parties, the litigation claims, the facts and reasons, and the people's court to which the lawsuit is filed; 2. The identity information of the parties, including the identity information of the plaintiff, the defendant and the third party; 3. Important evidence; 4. Authorization materials.

Prosecution process: 1. The parties file a lawsuit and submit an indictment. 2. In accordance with the principle that the claimant shall bear the burden of proof, the plaintiff shall submit the corresponding materials to the court.

3. The parties submit documentary evidence to the court. 4. The case filing division handles the formalities for filing the case; Where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it. 5. The parties shall pay the case acceptance fee and other litigation fees in advance.

6. After the case filing formalities, the case will be scheduled by the court**.

If the negotiation fails, you can go to the court to sue, kiss.

This is the process of prosecution, dear, you understand, these materials, what materials, what materials to bring, you don't need to have them, just go to the prosecution, dear.

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If there is a conflict between the partners of the partnership, they can sit down and negotiate, and if the negotiation is inconclusive, they can choose to withdraw or break up.

Either reconcile or dissolve, there is no other way. The partnership must be premised on the rules of business, otherwise it will definitely not work. In particular, the inevitable failure of the average equity has no chance of success.

If there is a conflict in the partnership, it is best to resolve the contradiction, if it cannot be resolved, then only dissolution.

It's best to make an agreement in advance, otherwise the partner will turn his face and make both parties unhappy, and even friends won't have to do it, so why bother!

If there is a conflict in the partnership, it is good to see if it can be reconciled, and it is best to reconcile it by communicating more, and if it can't, it is good to get together and disperse.

Contradictions can be communicated slowly, and it is the best way to choose to break up the gang if there are contradictions.

Legal analysis: partnership and withdrawal are a kind of contractual acts, which must be agreed upon by both parties, and one party must enter into a written withdrawal or partnership agreement to withdraw from the partnership, and the partnership property and debts shall be liquidated and disposed of before it can be established. Contract disputes refer to all disputes between the parties to a contract arising from the validity, interpretation, performance, modification, and termination of the contract.

The content of contract disputes is mainly manifested in the fact that the parties to the dispute have different views and opinions on the legal facts and the content of the legal relationship that lead to the creation, modification and termination of the contractual legal relationship.

Legal basis: Civil Code of the People's Republic of China

Article 970:Where a partner makes a decision on partnership affairs, it shall be subject to the unanimous consent of all partners, unless otherwise agreed in the partnership contract. Partnership affairs are carried out jointly by all partners. In accordance with the provisions of the partnership contract or the decision of all partners, one or more partners may be entrusted to carry out partnership affairs; The other partners no longer carry out the business of the partnership, but have the right to supervise the execution of the business.

If the partners separately perform the affairs of the partnership, the executive partner may raise objections to the affairs performed by the other partners; After raising an objection, the other partners shall suspend the execution of the matter.

Article 978:After the termination of a partnership contract, if there is any surplus of partnership property after paying the expenses incurred as a result of the termination and paying off the partnership debts, it shall be distributed in accordance with the provisions of Article 972 of this Law.