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Legal analysis: To start a company in partnership, a partnership agreement is required. A partnership agreement is a partnership contract concluded in writing by all partners 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. The partnership agreement shall come into force after being signed and sealed by all partners. If the parties set up a company in partnership, they shall go to the company registration authority to register the establishment in accordance with the relevant regulations, and also need to formulate the articles of association of the company in accordance with the relevant provisions to bind the company, shareholders, directors, supervisors and senior managers.
Legal basis: Article 6 of the Company Law of the People's Republic of China stipulates that a company shall apply to the company registration authority for establishment and registration in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority; If it does not meet the establishment conditions stipulated in this law, it shall not be registered as a limited liability company or a share.
Where laws and administrative regulations stipulate that the establishment of a company must be submitted for approval, the approval formalities shall be completed in accordance with the law before the company is registered. Huai Liangji.
The public may apply to the company registration authority for inquiries into the company's registration matters, and the company registration authority shall provide inquiry services. Article 11 The articles of association of the company must be formulated in accordance with the law to establish a company. The articles of association of the company are binding on the company, shareholders, directors, supervisors and senior management.
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1. Agree on the strategic direction of Gaona Company 2, agree on the company's decision-making mechanism 3, agree on the responsibilities and obligations of each leader 4, agree on the capital contribution and shareholding ratio of each shareholder 5, and agree on the exit mechanism of Qi Qiao's shareholders.
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Legal analysis: China's law does not clearly stipulate, and only the parties need to reach a consensus through consultation. The main content of the agreement is that the subject is clear, the subject matter is clear, the crude rights and obligations of both parties should be reciprocal, and the description of the rock trap key should be accurate, standardized and operable when encountering the distribution of benefits, and there may be an agreement on the breach of contract between the two parties.
1. The focus of the partnership agreement is the capital contribution of both parties, the proportion and the agreed time of capital contribution; 2. The division of labor in the implementation agreement; 3. The way of inspection and approval in the accounts; 4. Conditions and methods for the distribution of benefits; 5. The change of the amount of capital contribution and the change of the agreed treatment; 6. Handling of liability for breach of contract.
Legal basis: Civil Code of the People's Republic of China
Article 967 A partnership contract is an agreement between two or more partners to share benefits and risks for the purpose of a common business.
Article 968: A partner shall fulfill the obligation of capital contribution in accordance with the agreed method, amount and payment period.
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In order to avoid conflicts and disputes between partners in the later stage, both parties need to sign a written agreement on various matters of the partnership. Let's take a look. OneWhat agreement do you need to start a company in partnership?
The contents of the partnership agreement include:
1. The purpose of the partnership between the two parties;
2. What are the partnership projects and scope;
3. The term of cooperation between the two parties;
4. The amount, method and duration of the capital contribution of both parties (note: after the termination of the partnership, the capital contribution of each partner is still owned by the individual and will be returned at that time);
5. Due to the distribution of earnings and the assumption of debts;
6. Occupation, return, and transfer of capital contribution;
7. The powers of the person in charge of the partnership and other partners;
8. What are the prohibited acts;
9. Termination of the partnership and matters after termination;
10. Dispute resolution;
11. If there are any unfinished matters, they should be supplemented or modified by the partners through collective discussion. Additions and modifications shall have the same effect as this Contract;
12. This contract shall come into force on the date of signing;
13. The original of the agreement is generally divided into four parts, and each partner holds one copy and one copy is backed up in the archives.
At the end of the agreement, the partner's signature, time and place of signing should be indicated.
IIPrecautions for the partnership opening agreement
There are a few things to pay attention to in the partnership opening company agreement:
1. First of all, the two parties should discuss the distribution of interests and the assumption of debts, and write it in the agreement. After all, after the company opened, everyone spent all day long for the distribution of interests and obligations, and had no intention of doing the right thing about the development of the enterprise, or starting from scratch with different intentions. The crisis faced by such a company can be imagined.
2. Secondly, it is necessary to indicate how much each party contributes, because according to the total capital demand (at least 3-6 months of reserves, if your capital is sufficient) and your interests, the resources in each person's hands (such as someone may have many customers, someone has the necessary industry resources, someone has core technology, etc.) may affect the distribution of benefits and capital contribution.
3. Finally, the products discussed by both parties should also be indicated on the agreement, but these operating costs and profits should be taken into account.
It is best for both parties to have an independent account to open a company in partnership, so as to avoid disputes over the flow of money in and out in the future, which will affect the relationship between the two parties.
IIIPartnership business license application process
1. The applicant shall submit an application to the registration service window of the Industrial and Commercial Bureau with relevant materials, and the "Notice of Acceptance" shall be issued after the preliminary examination by the acceptance examiner; If the conditions for acceptance are not met, the applicant shall be informed of all the materials that should be corrected at one time on the spot or within 5 working days (a notice will be issued), and the applicant shall accept and issue a Notice of Acceptance after supplementing and correcting as required;
2. If the applicant's application materials are complete and in accordance with the statutory form, a decision will be made to approve or reject the application within 5 working days;
1. On the date of the commitment period, the applicant can obtain the "Partnership Business License" with the "Notice of Acceptance".
Take the agreement to the labor arbitration commission, and if it doesn't work, you will sue.
It is not inevitable, it depends on the direction of the intraday funds and whether the current stock price corresponds to the actual value, and if the premium is high, it may even fall.
Apply for a business license, prepare the necessary facilities for the wedding, and find customers.
1. Steps to set up a partnership:
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