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1) The scope and nature of the partnership's property. During the existence of a partnership, the property of the partnership is mainly composed of two parts: one is the property formed by the capital contribution of the partners; The second is the property created and accumulated by the partnership, that is, the income obtained in the name of the partnership.
The nature of the property of the partnership can be understood from the following two aspects: first, the property contributed by the partners. In the property contributed by partners, the nature of different contributions is not exactly the same:
If the capital contribution is made in cash or explicitly with the ownership of the property, it means that the ownership is transferred, and the investor no longer enjoys the ownership of the contributed property, but is jointly owned by all partners. If the capital contribution is made with the right to use land, the right to use the house, the right to use the trademark, the right to use the patent, etc., the investor does not lose the right to use the land, the ownership of the house, the right to use the trademark, the right to use the patent and other rights due to the act of capital contribution, and the ownership or right to use the property belongs to the investor, and the partnership only enjoys the right to use and manage. Second, the accumulation of property in partnership.
The property accumulated by the partnership is shared by the partners. This kind of co-ownership is essentially a co-ownership relationship by shares, but it is only practical for the partners to be proportional to their shares when distributing profits, withdrawing from the partnership, and dissolving and liquidation. In other cases, the partners may neither demand the division of the property in proportion to the shares, nor shall they determine the amount of the partners' rights to manage and use the partnership property and carry out the affairs of the partnership according to the size of the shares.
2) Management and use of partnership property. The property of the partnership shall be jointly managed and used by all the partners in accordance with the Partnership Enterprise Law. Before the liquidation of the partnership, the partners may not request the division of the property of the partnership, except as otherwise provided in the Partnership Enterprise Law.
During the existence of a partnership, when a partner transfers all or part of his or her share of the property in the partnership to a person other than the partner, the unanimous consent of the other partners is required. When partners transfer all or part of their share of property in a partnership enterprise, they shall notify the other partners. If a partner transfers his or her share of property in accordance with the law, the other partners have the right of priority to receive the transfer under the same conditions.
Without the unanimous consent of the other partners, if the partner contributes capital with his share of the property in the partnership, his act shall be invalid or treated as a withdrawal from the partnership; If losses are caused to other partners, they shall be liable for compensation in accordance with law. Where a partner transfers or disposes of the property of the partnership enterprise without permission before the liquidation of the partnership, the partnership enterprise shall not use this to oppose an unaware bona fide third party. 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.
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 specific management of the partnership is as follows:
Formulate an enterprise management system, and managers can refer to the enterprise management system you have set in advance to implement the problem if there is a disagreement, which is fairer;
The election of the general manager of the enterprise, that is, the specific executor of the enterprise management, each manager can express his own views, but the decision is in the hands of the general manager, and if the general manager does not agree with the decision, the general manager can be dismissed by voting by the partners.
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In modern enterprise management, we must learn the partnership system.
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Establish rules for the duration of the partnership at the outset of the partnership;
Clarify the goals and objectives of the cooperation;
Determine the proportion of capital contribution and partnership responsibilities of the company's partners;
Shareholders are required to sign non-compete and non-disclosure agreements;
determine the rights and obligations of the partners;
Establishment of a partnership exit mechanism;
Prepare for the worst when dealing with conflicts;
Establish good communication in cooperation;
Financial bills must be clear and unambiguous;
Do not allow relatives of any shareholder to work in the company.
And most importantly, the last point!
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To start a company in partnership, the partners must establish enough trust with each other! Secondly, trust cannot be squandered, it must be maintained!
The only rule to maintain trust in financial matters: transparency and openness, which means that partners should open their accounts and supervise each other! Otherwise, when there are economic benefits, we will eventually be able to share weal and woe!
Friends turn against each other, brothers become enemies! Therefore, we must keep good accounts, and make them public and reconcile them in a timely manner!
If you have money, ask a special financial staff to take care of the accounts! In the early stage of starting a business, it is recommended to save the money of the financial staff to invest in the business! In the past, excel can also be used, but excel sharing is inconvenient, and it will forget to send it to partners to share, which is not easy to manage, and it will be chaotic after a long time.
Now, I'm partnering with my friends to start a company," I amThere are accounts"The flow bookkeeping platform can be shared without installation, it can be shared on the mobile phone, it can be booked without financial expertise, and the partners can set up sharing according to the authority, and can manage accounts, people, assets, and customers, all that start-ups need.
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The partnership company needs to clarify the size of each person's shares, the responsibilities of driving, the account is managed by a professional accountant, and the person with small shares can sign a contract with a supervisor when signing the partnership agreement, that is, the person with small shares can let a third-party audit company audit the accounts at any time.
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Here's how:
1. Promote democratic management. A partnership is a knowledge-based organization and a carrier of the value of partners. The effective management and long-term development of a partnership depends on the partners, which is the intrinsic basis of democratic management.
Externally, increasing opportunities and rapid competition are also forcing the management of partnerships to be democratized, as this is the only way to gain a competitive advantage.
2. As a partnership, the self-realization value of partners lies in creation rather than power, and in work rather than hierarchy. Knowledge and competence form the basis of the value of a partnership. Therefore, the remuneration of partners should be based on the size of their contributions, rather than the level of non-positions.
This will help to dilute the competition for rank and status, purify the relationship between people, and maintain.
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General partnership registration process: 1. After consultation, collect and fill in the "Application for Pre-approval of Name" and "Designation (Entrustment) Letter", and prepare relevant materials at the same time; 2. Submit the name registration materials, receive the "Name Registration Acceptance Notice" and wait for the name approval result; 3. Collect the Notice of Pre-approval of Enterprise Name on the date determined by the Notice of Acceptance of Name Registration, and at the same time receive the Application for Establishment and Registration of Enterprises; If the business scope involves pre-approval, the relevant approval procedures shall be handled; 4. Submit the application materials, and receive the "Notice of Acceptance" after the materials are complete; 5. Pay the registration fee and collect the license according to the date determined in the "Notice of Acceptance".
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