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Absolutely. First, if your brother wants to expand the field, he needs funds and helpers, and it is better to find outsiders than to find his own people; The second is that if your husband wants to do something and learn some skills, he will definitely do it with his heart; Third, the production of sweet potato flour is not an advanced technology, which does not require specialized personnel, and requires diligence and joint efforts to open up the market.
However, there are disadvantages and advantages to the partnership between relatives, mainly in the handling of relationships. The advantage lies in the grouping of relatives, direct information exchange, trust and high efficiency. The disadvantage is that family relationships are easy to affect the implementation of management policies, and personal relationships are easy to condone the spread of wrong behaviors, which eventually leads to the paralysis of enterprises and the breakdown of family relationships.
Therefore, in the case of a partnership, you should take advantage of the partnership of your relatives and prevent unfavorable situations from occurring. The crux of the problem is whether your husband can do a good job, because your own brother is doing a good job in the first place.
It is recommended that your husband do the following:
1. Position your own role, don't be jealous, the core of the field is that your brother is not him.
2. Be diligent and studious, think more about the field, and pay first before you can get back.
3. Be grateful, your brother is helping him.
4. If you do something wrong, take the initiative to take responsibility, and don't let relatives and elders intercede.
If you can do these things, you will definitely be able to get close to each other and make money. Finally, don't forget to negotiate and sign a partnership agreement.
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Relatives are not wealthy, public wealth people are not close--- this is very reasonable, if you want to partner with others, it is best not to be too close, if it is good, even relatives have to do it, I personally oppose dealing with people who are too close.
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In fact, if the relatives get the money, they can't tell it clearly
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Indeed, in this case, it is a bit difficult to say, generally when it comes to money, it is the most unclear between relatives.
So you have to think carefully, if everyone is like-minded, you can make an appointment in advance.
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Summary. It is not legal for a partner to run a similar business in partnership with another person at the same time. According to the relevant legal provisions, the distribution of the partnership is determined by the partners, which can be determined according to the proportion of capital contribution and the value of the capital contribution of non-monetary property. Partnerships do not have legal personality.
Legal basis: Article 32 of the Partnership Enterprise Law.
Partners shall not operate or cooperate with others to operate a business that competes with the partnership.
Except as otherwise provided in the partnership agreement or with the unanimous consent of all partners, the partners shall not enter into transactions with the partnership.
Partners shall not engage in activities that harm the interests of the partnership.
Is it right for a partner to partner with someone else?
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It is not legal for a partner to run a similar business in partnership with another person at the same time. According to the relevant legal provisions, the distribution of the partnership is determined by the repentance of each partner, which can be determined according to the deterioration of the proportion of capital contribution and the value of the capital contribution of non-monetary property. Partnerships do not have legal personality.
Legal basis: Article 32 of the Partnership Enterprise Law stipulates that a partner shall not operate a business that competes with the partnership enterprise on his own or in cooperation with others. Except as otherwise provided in the partnership agreement or with the unanimous consent of all partners, the partners shall not enter into transactions with the partnership.
Partners shall not engage in activities that harm the interests of the blind foreskin partnership.
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Legal analysis: If there is a situation that damages the interests of the split faction, it can withdraw from the partnership or file a lawsuit with the court in accordance with the provisions of the partnership agreement.
Legal basis: "Partnership Enterprise Law of the People's Republic of China" Article 18 The partnership agreement shall contain the following matters: (1) the name of the partnership enterprise and the location of the main place of business; (2) the purpose of the partnership and the scope of the partnership's business; (3) The name or title and address of the partner; (4) The method, amount and payment period of the partners' capital contributions; (5) Methods for distributing profits and sharing losses; (6) the execution of partnership affairs; (7) Occupation and withdrawal from Yuanzhou; (8) dispute resolution; (9) the dissolution and liquidation of the partnership; (10) Liability for breach of contract.
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Lawyer Analysis: Withdrawal from the Partnership. It is necessary to return the capital contribution and divide the current assets arising from the capital contribution. Negotiate first, preferably by consensus. If the situation is not optimistic, you can go to court to sue.
Dafan Legal Basis]:
Partnership Enterprise Law of the People's Republic of China Article 45 If the partnership agreement stipulates the term of the partnership, the partners may withdraw from the partnership under any of the following circumstances during the duration of the partnership
1) The reason for withdrawal stipulated in the partnership agreement appears;
2) With the unanimous consent of all partners;
3) The occurrence of reasons for the partners to continue to participate in the partnership;
4) Other partners seriously violate the obligations stipulated in the partnership agreement.
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Partnership refers to an agreement in which two or more civil entities jointly contribute, operate together, and share profits and losses. There is a certain difference between a partnership and the formation of a company, especially in terms of legal liability. An individual "partnership" means that two or more citizens operate in partnership and work together in accordance with the agreement, each of which provides funds, goods, technology, etc.
After the "partnership" is registered and receives a business license, it becomes a legal "partnership".
Legal basis: Article 2 of the Partnership Enterprise Law, the term "partnership enterprise" in this Law refers to the general partnership and limited partnership established by natural persons, legal persons and other organizations in China in accordance with this law.
A general partnership is formed by general partners, who are jointly and severally liable for the debts of the partnership. Where this Law has special provisions on the form of liability of the general partner, follow those provisions.
A limited partnership consists of a general partner and a limited partner, with the general partner jointly and severally liable for the debts of the partnership, and the limited partner liable for the debts of the partnership to the extent of their subscribed capital contributions.
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So what is the main reason for the falling out? To what extent?
1. There are differences in the direction of decision-making;
2. There are objections to the distribution of benefits;
3. There are objections to the assignment of duties;
4. Have doubts about the ability of other partners;
5. Problems with integrity and loyalty;
For points 1-4, everyone can sit down and have a good talk, as long as they find the "balance point" again, the partner's ability can also prove itself in the subsequent period. There is a basis for continued cooperation, and such problems are mainly due to the failure to subdivide and dynamically design the rights, responsibilities and interests in the Partnership Agreement, and it can be resolved to re-prudently regulate the Agreement when the conflict has not intensified to the point of irreconcilability.
The only point 5 is that it is impossible to talk about, the issue of integrity and loyalty, generally refers to the fact that the partners are not fully engaged in the partnership business, have the behavior of the same industry, and have the problem of transferring performance (pulling private orders), such a partnership is not necessary to "survive".
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As long as you still want to work together, then everyone should take a step back, have a good chat, solve their own problems, and then it will be fine.
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Yes, as long as you can talk, you can do it!
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Partnership, that is, two or more groups of people give full play to their respective advantages and work together to do something that can bring them economic benefits. These things contain both legal and illegal. And it can be applied not only in life, but also in work.
Basic meaning: The concept of partnership can be given both from the perspective of legal acts and from the perspective of organizational form. From the perspective of legal acts, partnership refers to an agreement in which two or more civil entities jointly contribute, operate together, and share profits and losses; From the perspective of organization, partnership refers to the organizational form of an enterprise in which two or more civil entities jointly contribute, operate together, and bear profits and losses together. It can be seen from this that both from the perspective of legal acts and organizational forms, the main characteristics of partnership are joint investment, joint operation, joint responsibility for profits and losses, and shared risks.
At present, China's legal norms for adjusting partnerships are, first, the provisions on individual partnerships and joint ventures of legal persons in the General Principles of the Civil Law, and second, the Partnership Enterprise Law.
According to Article 30 of the General Principles of the Civil Law, "two or more citizens shall provide funds, goods, technology, etc., in accordance with the agreement, and operate in partnership and work together." "The purpose of partnership and joint labor is, of course, to obtain profits.
The Partnership Enterprise Law of the People's Republic of China was promulgated in February 1997 and amended in August 2006. This chapter is mainly based on the revised Partnership Act.
A partnership refers to an organizational body established by natural persons, legal persons and other organizations, including general partnerships and limited partnerships. All partners of a general partnership are jointly and severally liable for the debts of the partnership. A limited partnership includes a general partner, which is jointly and severally liable for the debts of the partnership, and a limited partner, who is liable for the debts of the partnership only to the extent of the amount of its subscribed capital contribution.
1. Different responsibilities.
The general partner has unlimited liability for the debts of the partnership. >>>More
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