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Anonymous users2024-02-07It is better to find a lawyer and sign a contract.
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Anonymous users2024-02-06According to Chinese law, as long as the partnership contract follows the principles of voluntariness, equality, fairness, honesty and trustworthiness, and clearly stipulates the rights and obligations of the partners, it will only have legal effect after being signed and sealed by all partners. When writing a partnership contract, the following contents need to be written into the contract: the contracting entity of the Shenbi Partnership, that is, the partner; the name or trade name of the partnership, etc.; the scope and duration of the partnership; the specific method and proportion of partnership capital contribution; the distribution of profits and the manner and proportion of debt assumptions; Agreements on occupancy, withdrawal and transfer; the person in charge of the execution of the affairs of the partnership; the rights and obligations of the partners; termination and liquidation of partnerships; the consequences of the default; the manner in which the dispute is resolved; and other conventions.
If it is determined that the above content is correct, it shall be established and take effect after the signature of both parties and the fingerprint.
1. How to write a contract between a partner and a legal person?
The agreement between the partners is to be signed according to the content of the partnership and the specific issues involved, and there is no fixed format. However, in general, the partnership agreement should mainly include the following:
1. The specific affairs of the partnership between the two parties.
2. The proportion of capital contribution, profit or loss distribution ratio or method of both parties.
3. Allocation of responsibilities or duties in partnership affairs.
4. Handling of withdrawal affairs.
5. Agreement on liability for breach of contract.
6. The term of the partnership and the disposal of property when the partnership is dissolved.
2. How to sign the contract with the partners.
Partners generally have the right to enter into contracts with external parties, but they can be restricted by agreement. According to Article 26 of the Partnership Enterprise Law, the partners have the same rights to carry out the affairs of the partnership. In accordance with the provisions of the partnership agreement or the decision of all partners, one or more partners may be entrusted to represent the partnership and carry out partnership affairs.
Article 27 of the Partnership Enterprise Law stipulates that where one or more partners are entrusted to perform partnership affairs in accordance with the provisions of paragraph 2 of Article 26 of this Law, the other partners shall no longer perform partnership affairs. If the partnership enterprise is liable to the outside world as a result of the signing of the contract, it may pursue the liability of the number of partners who entered into the contract in accordance with the provisions of the partnership agreement afterwards. We would like to remind you that when signing a contract, partners should first read the terms of the contract in detail, see whether the rights and obligations of both parties are clearly agreed in the contract, and then sign and seal after confirming that there is no problem.
Article 967 of the Civil Code of the People's Republic of China provides that a partnership contract is an agreement entered into by two or more partners to share benefits and risks for the purpose of a common business.
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Anonymous users2024-02-05Legal analysis: The partnership agreement shall be concluded in writing by all partners by consensus in accordance with the law. The conclusion of a partnership agreement and the establishment of a partnership enterprise shall follow the principles of voluntariness, equality, fairness, and good faith.
Legal basis: Partnership Enterprise Law of the People's Republic of China
Article 4 The partnership agreement shall be concluded in writing by all partners through consensus in accordance with the law.
Article 5 The principles of voluntariness, equality, fairness, honesty and credibility shall be followed in the conclusion of a partnership agreement and the establishment of a partnership enterprise.
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