How to write a business agreement with a friend What should be paid special attention to

You need to consider paying legal fees for this.

OneWritten in front, partnership is a very common way to do business, but a lot of contradictions and disputes often arise, causing double losses to friends' feelings and property, and it is necessary to sign an agreement in advanceThe agreement shall be legally binding.

2. As follows. Partnership Agreement.

Party A: , ID number:

Party B: , ID number:

Based on the principles of fairness, equality and mutual benefit, the partners of Party A and Party B enter into a partnership agreement as follows:

Article 1 Party A and Party B shall voluntarily operate in partnership (project name), with a total investment of 10,000 yuan, Party A shall contribute 10,000 yuan, and Party B shall contribute 10,000 yuan, each accounting for 10,000 yuan of the total investment

Article 2 The partnership shall form a partnership enterprise in accordance with the law.

Article 3 The term of operation of the partnership shall be three years. If it is necessary to extend the time limit, the relevant formalities shall be completed six months before the expiration of the period.

Article 4 The two parties to the partnership operate and work together, share risks and share profits and losses. Corporate surpluses are distributed according to their respective investment ratios. Corporate debt is borne in proportion to their respective investments.

After either party repays its debts to the outside world, the other party shall pay off its share to the other party within 10 days on a pro rata basis.

Article 5 Other persons may join the house, but subject to the consent of both parties, and go through the procedures for increasing the amount of capital contribution and enter into a supplementary agreement. The Supplemental Agreement shall have the same effect as this Agreement.

Article 6 The partnership shall be terminated in the event of any of the following events:

1) Expiration of the partnership;

2) The partnership partners agree through negotiation;

3) The business of the partnership has been completed or cannot be completed;

4) If a partner withdraws from the partnership without authorization and causes losses to the partnership, the losses shall be compensated.

Article 7 Transfer of capital contributions. Partners are allowed to transfer all or part of their share of property in the partnership. Under the same conditions, the partners have the right of first refusal.

If the transfer is made to a third party other than the partner, the third party shall be treated as a tenant, otherwise the transferor shall be treated as a withdrawal from the partnership. If a third party other than a partner receives a share of the property of the partnership, he or she shall become a partner of the partnership upon amendment of the partnership agreement.

Article 8 Rights and Obligations of Partners.

a) Partner's rights:

1. The right to operate, decide and supervise the affairs of the partnership, the business activities of the partnership are jointly decided by the partners, and everyone has the right to vote no matter how much capital is contributed;

2.Partners enjoy the right to distribute the benefits of the partnership;

3.The distribution of partnership benefits by partners shall be carried out in proportion to the amount of capital contribution or in accordance with the contract, and the property accumulated by the partnership shall be jointly owned by the partners;

4.Partners have the right to withdraw from the partnership.

2) Obligations of Partners:

1. Maintain the unity of partnership property in accordance with the provisions of the partnership agreement;

2. Share the debts of the operating losses of the partnership;

3. Bear joint and several liability for partnership debts.

Article 7 For matters not covered in this Agreement, the Parties may supplement the provisions, and the Supplementary Agreement shall have the same effect as this Agreement.

Article 8 This Agreement shall be made in duplicate, one for each of the partners. This Agreement shall enter into force on the date of signature (or seal) by the partners.

Partner: Signed or sealed).

Partner: Signed or sealed).

The content of the partnership business agreement is determined by the two parties through negotiation, and its general content mainly includes six aspects. Specifically, the contract generally includes the following: The names and addresses of the parties.

The method, amount and performance period of the capital contribution of the partners. The term of the lease, the rent and the method of payment of the rent agreed by the parties. Profit distribution and loss sharing of partnerships.

The duration of the partnership. A method of dispute resolution within the partners.

Legal basis: Article 470 of the Civil Code of the People's Republic of China stipulates that the content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The name and address of the parties or the conjunctive 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) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Article 967 of the Civil Code of the People's Republic of China stipulates that a partnership contract is an agreement entered into by two or more partners to share benefits and risks for the purpose of a common business.

Article 968 of the Civil Code of the People's Republic of China stipulates that partners shall fulfill their obligations to make capital contributions in accordance with the agreed method, amount and payment period.

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, 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.

Article 976 of the Civil Code of the People's Republic of China stipulates that if the partners have not agreed on the term of the partnership or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be regarded as an indefinite partnership.

If the partnership period expires and the partners continue to perform the partnership affairs and the other partners do not raise objections, the original partnership contract shall continue to be valid, but the partnership term shall be indefinite.

The partner may terminate the indefinite partnership contract at any time, but shall notify the other partners before a reasonable period of time.

It is best to write a contract for a friend to do business together. Signing a written partnership contract to stipulate relevant partnership matters can clarify the rights and obligations of both parties, so that in the event of a partnership dispute, the responsibilities of each other can be determined and their own rights and interests can be protected.

Article 967 of the Civil Code stipulates that a partnership contract is an agreement entered into by two or more partners to share benefits and risks for the purpose of a common business.

Article 968 stipulates that a partner shall fulfill the obligation of capital contribution in accordance with the agreed method, amount and payment period.

1. What are the characteristics of a partnership?

A partnership is a for-profit economic organization that does not have legal personality. All partners enter into a written partnership agreement. Partners jointly contribute, operate in partnership, share profits and share risks.

The assumption of debts by partners on the partnership is peculiar. (If the amount is exceeded, it can be recovered from other partners, and the liability is unlimited.)

2. What is the difference between a partnership and a limited liability company?

There are four differences between a partnership and a limited liability company:

1. The nature is different, the partnership has no legal personality, and the limited liability company has legal personality;

2. The number of investors is different, the establishment of a partnership requires the capital contribution of more than 2 partners, and the establishment of a limited liability company requires the capital contribution of 1 to 50 shareholders;

3. The general partner of the partnership can make capital contribution by labor services, and the limited liability company cannot contribute capital by labor services;

4. The general partner of the partnership bears unlimited liability, and the shareholders of the limited liability department bear limited liability.

A partnership refers to a for-profit organization in which the partners enter into a partnership agreement, jointly contribute, operate together, share benefits, share risks, and bear unlimited joint and several liability for the debts of the enterprise.

Civil Code of the People's Republic of China

Article 967:A partnership contract is an agreement entered into by two or more partners for the purpose of a common undertaking to share benefits and risks.

Legal Analysis: Note the following:

First, the contract should specify the capital contribution of both parties and the quarterly profit distribution plan;

Second, it is necessary to have as clear clauses as possible that stipulate the rights of both parties and the assignment of the righteous;

Third, there should be management regulations to stipulate daily business matters, and it is written that major business matters should be jointly decided;

Fourth, clarify the way to resolve disputes between the parties for breach of contract during the partnership period;

Fifth, the start and end times of the partnership agreement need to be as clear as possible.

Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) The price or remuneration of the fighter;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Legal Analysis: Note the following:

First, the contract should clearly state the capital contribution of both parties and the quarterly profit distribution plan;

Second, it is necessary to have as clear terms as possible to define the rights and obligations of both parties;

Third, there should be management regulations to stipulate daily business matters, and it is written that major business matters should be jointly decided;

Fourth, clarify the way to resolve disputes between the parties for breach of contract during the partnership period;

Fifth, the start and end times of the partnership agreement need to be as clear as possible.

Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The name of the party or the name of the interlocutor, and the residence;

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) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Since it is a partnership business, in order to clarify the rights and obligations of both parties and agree on relevant partnership matters, of course, a partnership contract should be written. A partnership contract usually refers to a contract in which two or more natural persons agree to jointly contribute, operate together, share profits and share risks in order to achieve a common economic purpose. This contract has an important role in determining the relationship within the partnership, and the partnership contract shall not violate the principle of joint ownership of partnership property, the principle of mutual cooperation between partners and the principle of unlimited joint and several liability as stipulated by law.

The contract between two people to do business in partnership is a partnership contract. The partnership contract shall specify the rights and obligations of both parties, and stipulate relevant partnership matters, such as capital contribution, operation, profits, risks, etc. The content of the partnership contract shall not violate the principle of joint ownership of partnership property, the principle of mutual cooperation between partners and the principle of unlimited joint and several liability as prescribed by law.

The Partnership Enterprise Law stipulates the matters that shall be specified in the partnership agreement:

1) the name of the partnership and the location of its principal place of business;

2) the purpose of the partnership and the scope of business of the partnership;

3) The name and address of the partner;

4) the method, amount and payment period of the partner's capital contribution;

5) Profit distribution and loss sharing methods;

6) Execution of partnership affairs;

7) Occupation and withdrawal;

8) Dispute resolution;

9) Dissolution and liquidation of partnerships;

10) Liability for breach of contract.

Extended information: The matters that should be specified in the contract include the name and location of the partnership, the business scope of the enterprise, the name or title and address of the partners, the method and amount of capital contribution, profit distribution, risk bearing, entry and withdrawal, settlement of disputes, dissolution and liquidation, and liability for breach of contract.

Legal basis: Article 18 of the Partnership Enterprise Law of the People's Republic of China The matters that shall be specified in the partnership agreement are:

1) the name of the partnership and the location of its principal place of business;

2) the purpose of the partnership and the scope of business of the partnership;

3) The name and address of the partner;