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Generally, capital contribution is capital contribution, and labor services are labor services. "Partnership" refers to natural persons, legal persons and other organizations in accordance with the Partnership Enterprise Law of the People's Republic of China.
An enterprise organization established within the territory of China in which two or more natural persons jointly invest in the operation, share profits and losses, and share risks through the conclusion of a partnership agreement.
Partnership benefit sharing. The property acquired and accumulated by the partnership in the course of production and business activities shall be jointly owned by the partners. If there is a loss, it will also be borne by the partners.
The proportion of profit and loss distribution should be clearly stipulated in the partnership agreement; If it is not specified, it can be apportioned according to the proportion of the partner's capital contribution, or it can be apportioned equally. Unless otherwise specified, partners who use their services as capital generally do not share the losses.
The official website shall prevail.
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Two people do business in partnership, and the general distribution of profits is based on the principle of who contributes more money and who shares more. It is distributed according to the amount of money contributed. If the relationship is particularly good, there is an agreement before the partnership does business, then it will be divided according to the agreement at that time, if there is no agreement, then it will be divided according to the proportion of investment, and the profit of investment will be more, if there is one party regardless of the investment money, there is manpower, then the part of manpower should be the salary, and the part of the salary should be communicated by the two to formulate a reasonable salary, which cannot be counted in the final profit.
In short, the distribution of profits, according to the amount of investment, is the fairest and most common.
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Generally average. In addition to deducting the worker's salary. There are also costs to be deducted. Then the rest is divided equally between the two people. This is the best allocation.
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It depends on how much you pay, how much you invest to distribute, it is best to say in advance, sign a contract, and there are two responsible areas to separate, can not overlap, and can not control each other, otherwise it will be chaotic.
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Partnership business should not only consider the factor of capital contribution, but also the factor of contribution. Depending on the nature of the industry and the amount of capital contribution, the proportion of management should be different. I suggest that for projects with a total investment of less than 1 million, it is more reasonable for the management stock to be between 20% and 40%, and for projects with a total investment of more than 10 million, 5% is more reasonable.
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1.If two people invest the same amount of start-up capital as they work the same number of hours, the cost will be shared equally and the profit will be split between 55 and 5The proportion of investment and the proportion of labor are comprehensively distributed.
3.Reasonable distribution according to the position. The main thing is to see whether the focus of the company is on sales or management positions, if it is a technical position, the technical position is more money.
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Check the classroom: According to statistics, there are 10,000 companies registered in China every day, but half of the companies do not live for 4 years, so there is such a saying in the industry, one year to make a fortune, two years to make a fortune, three years to go bankrupt, although there are many reasons for bankruptcy, but one thing is that the cake is not good.
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If two people are doing business in partnership, the distribution of profits should be based on the tasks that these two people are responsible for when doing business or the equivalence of the project.
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The first is to share the proportion of the money. The more money you pay, the more you make the profits.
Second, one of the two people is not often in the store, and the other person is in charge of operations in the store, and he spends a relatively lot of time in the store.
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Distribution of benefits of the partnership:
1. Distribute profits evenly in accordance with the principle of risk sharing and benefit sharing;
2. In accordance with the principle of distribution of responsibilities according to shares, according to the proportion of partners' capital contributions, the profits will be distributed in proportion;
3. The specific plan for the annual or certain period of profit distribution of the partnership shall be decided by all partners through consultation or in accordance with the methods agreed in the partnership agreement.
[Legal basis].
Article 32 of the Partnership Enterprise Law.
The profits and losses of the partnership 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.
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.
Article 34.
The specific plan for the distribution of profits or losses of a partnership enterprise for an annual or certain period of time shall be decided by all partners through consultation or in accordance with the methods agreed in the partnership agreement.
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Only profits can be distributed in proportion to the capital contribution (or as stipulated in the agreement). During the partnership, the principal cannot be divided. Only when the partnership is dissolved, the principal plus undistributed profits will first be paid off externally (if it is insufficient, it will be apportioned according to the proportion of capital contribution --- non-limited liability company), and the remaining will be distributed according to the proportion of capital contribution (or as stipulated in the agreement).
During the operation period, shareholders are generally not allowed to withdraw their capital. If there are provisions in the partnership (cooperation, joint venture) agreement and articles of association, they shall be implemented in accordance with the regulations.
Profit dividends do not affect the amount of capital contribution. If it is allowed to withdraw its capital, this dividend cannot affect the amount of its original capital contribution.
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Legal analysis: The specific method of handling is to distribute the profits of the partnership 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. If the negotiation fails, the partners shall distribute and share according to the proportion of paid-in capital contributions. If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners.
Legal basis: Civil Code of the People's Republic of China
Article 969:A partner's capital contribution, income obtained in accordance with law as a result of partnership affairs, and other property are partnership property.
Article 972: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. If the negotiation fails, the partners shall distribute and share according to the proportion of paid-in capital contributions. If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners.
Can I help you with that, what kind of business do you have?
15148151612 are there any partnerships to do business?
The text upstairs is more detailed, if you still need to consult the terms of the contract, you can find me to discuss in detail, or short message.
The partnership of several horses and dragons and tigers should have financial luck, because they can be successful, and the tiger and tiger are windy, and the dragon and phoenix will be auspicious, and on the whole they are very wealthy and smooth sailing.
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. >>>More