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Whether it is reasonable or unreasonable depends on where you stand and look at it. First of all, what is the relationship between Party A and Party B? If we look at it from the perspective of a relationship of complete interests, this model is unreasonable.
First of all, the capital is 50 for both parties A and B, and because Party A does not participate in the management of the store, Party A gets a profit share of 45. Because Party B operates the store, it pays more than Party A. So got a split of 55.
There are three ways to run this store:
First: Party A and Party B each get 50% of the profit, but Party A pays Party B a salary (the same is the same for the management fee) every month, and the specific amount can be negotiated by both parties according to local economic conditions.
Second: because Party B pays more than Party A, the profit share can be more than Party A. (This can be determined according to the operation of the store.)
But this article is not very supportive, because when the business of the store is better, the profit difference generated by this will be larger. )
Thirdly, both parties can hire professionals to operate the store. The hired personnel are then paid.
The above complaint is from the perspective of Party A. Of course, if you are Party B, this contract will not hurt you. If the relationship between Party A and Party B is very good, then there is no way to say, how much the relationship is worth It's not sure so you can refer to it. )
Pure hand-played. Welcome.
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The two of them jointly opened a milk powder store with 50% of the equity, jointly managed, and the milk powder order was returned by 10%, how to distribute dividends in this case.
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Agreement on the distribution of profits from cooperative operations:
1. The beginning contains the specific information of both parties to the contract, the address of the company, etc.; Celery.
2. The content should be written about the rights and obligations of both parties and the way of profit distribution;
3. Finally, both parties sign and seal and attach the date.
[Legal basis].Article 470 of the Civil Code of the People's Republic of China.
The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) The method of dispute resolution is the first battle.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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Summary. Hello dear! Article 972 of the Civil Code of the People's Republic of China stipulates that the distribution of profits and losses of a partnership shall be handled in accordance with the provisions of the partnership contract
If there is no agreement in the partnership contract or the agreement is not clear, it shall be decided by the Taiwan partner through consultation: if the negotiation fails, the Taiwan partner shall distribute and share according to the proportion of paid-in capital contribution: if the proportion of capital contribution cannot be determined, the partners shall distribute and share it equally.
Hello dear! Article 972 of the Civil Code of the People's Republic of China stipulates that the distribution of profits and losses of a partnership shall be handled in accordance with the provisions of the partnership contract: if there is no agreement in the partnership contract or the agreement is not clear, it shall be decided by the Taiwan partner through consultation
If the negotiation fails, the Taiwanese partner shall distribute and share according to the proportion of paid-in capital contribution: if the proportion of capital contribution cannot be determined, the partners shall distribute and share it equally. "History.
I work at Xinhong and now I get a project on my own.
I don't know how much profit to take or how much to raise.
Hello dear! This depends first on how much profit the lead socks provide to the company for the project (directly calculate the net profit, and the budget is considered as an approximation), in addition to the project cycle, how many accidents occurred during the period, etc., and ......Generally speaking, it is normal for a project to raise about 10% of the actual profit - budget profit.
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If the capital contribution other than currency needs to be appraised and valued, it may be determined by all partners through consultation, or all partners may entrust a statutory appraisal agency to conduct the appraisal.
After the consensus of all partners, partners can also use labor services to make capital contributions, and the evaluation method shall be determined by all partners through consultation.
The profits and losses of a partnership enterprise shall be distributed and shared by the partners in accordance with the proportions agreed in the partnership agreement, and if the partnership agreement does not stipulate the proportion of profits and losses, they shall be equally distributed and shared by the partners.
According to the provisions of the Partnership Enterprise Law, after the dissolution of a partnership enterprise, liquidation shall be carried out, and the creditors shall be notified and announced, and all partners shall serve as liquidators; If all the partners fail to act as the liquidator, with the consent of more than half of the partners, one or more partners may be appointed within 15 days after the dissolution of the partnership, or a third party may be entrusted to act as the liquidator. If the liquidator is not determined within 15 days, the partners or other interested parties may apply to the people's court to appoint a liquidator.
The liquidator performs the following during the liquidation:
1) Liquidation of partnership property, preparation of balance sheet and property list respectively;
2) Dealing with the outstanding affairs of the partnership in connection with the liquidation;
3) Pay the tax arrears;
4) Liquidation of creditor's rights and debts;
5) Dispose of the remaining property of the partnership after the debts are settled;
6) Participate in civil litigation activities on behalf of partnerships.
The property of the partnership shall be liquidated in the following order after the liquidation costs are paid;
1) The wages and labor insurance costs owed by the partnership to the employees;
2) taxes owed by the partnership;
3) debts of the partnership;
4) Return of the partner's capital contribution.
If there is any surplus of the partnership property after it has been paid off in the above order, it shall be distributed and shared by the partners in accordance with the proportion agreed in the partnership agreement; If the partnership agreement does not stipulate the proportion of profit distribution and loss sharing, it shall be equally distributed and shared by each partner.
When a partnership enterprise is liquidated, if all its assets are insufficient to pay off its debts, the partners shall bear the liability for repayment with their assets other than the capital contribution of the partnership enterprise in accordance with the proportion agreed in the partnership agreement or the proportion of loss sharing not stipulated in the partnership agreement. If the amount of repayment incurred by the partner exceeds the amount that he should bear due to joint and several liability, he has the right to recover from the other partners. Full text.
Can a limited partnership distribute the entire profit to some of the partners.
The partnership agreement shall not stipulate that all profits shall be distributed to some of the partners or that some of the partners shall bear all losses.
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The profits of a partnership shall be distributed by the partners through negotiation, and if the negotiation fails or there is no agreement, the profits shall be distributed in accordance with the proportion of the assets paid. The Civil Code stipulates that the distribution of profits and losses of a partnership shall be handled in accordance with the provisions of the partnership contract; If there is no agreement in the partnership contract or the agreement is not clear, the partners shall decide through consultation.
Article 16 of the Company Law stipulates that when a company distributes the after-tax profits of the current year, it shall withdraw 10% of the profits and include them in the company's statutory provident fund. If the cumulative amount of the company's statutory reserve fund is more than 50% of the company's registered capital, it can no longer be withdrawn. If the company's statutory reserve fund is insufficient to make up for the losses of previous years, it shall first use the profits of the current year to make up for the losses before withdrawing the statutory reserve funds in accordance with the provisions of the preceding paragraph.
After the company withdraws the statutory reserve fund from the after-tax profits, it can also withdraw any reserve fund from the after-tax profits by resolution of the shareholders' meeting or the general meeting of shareholders. The after-tax profits remaining after the company makes up the losses and withdraws the provident fund, and the limited liability company shall distribute them in accordance with the provisions of Article 34 of this Law; Shares**** shall be distributed in proportion to the shares held by the shareholders of LNA, except for those that are not distributed in proportion to the shares held by the Articles of Association of the Company of the Share Limited. If the shareholders' meeting, the general meeting of shareholders or the board of directors violates the provisions of the preceding paragraph by distributing profits to shareholders before the company makes up for losses and withdraws the statutory reserve fund, the shareholders must return the profits distributed in violation of the provisions to the company.
Shares of the Company held by the Company shall not be subject to distribution of profits.
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The partnership can distribute benefits to the town of Bison in the following ways:
1. In accordance with the principle of distribution of responsibilities according to shares, according to the proportion of partners' capital contributions, the profits shall be distributed in proportion;
2. In accordance with the principle of risk sharing and benefit sharing, distribute profits equally;
3. The specific plan for the annual or certain period of profit distribution of the partnership shall be decided by the partners through consultation or in accordance with the methods agreed in the partnership agreement.
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