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Well, this is the reason why entrepreneurship will struggle together at first, and then turn against each other after making money.
Therefore, I think there are a few things that you should do urgently at this time:
1. Seize the time to sit quietly together, discuss your affairs, and formulate a set of plans that are acceptable to both of you; This is the most perfect result.
2. Determine who is the main shareholder and who is the secondary shareholder among the two people, and there can only be one leader in the enterprise; The best outcome is that you are the leader and he is the shareholder. If he doesn't agree, you will take shares, and then do dividends and salary (work for him), and if you don't want to, you can do it yourself;
3. After determining who is the leader, then there must be a clear dividend system, which can not be sloppy, it must be written in detail, written specifically, and there can be no personal sloppiness.
The above is a little advice for yourself, I hope it will be useful to you!
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It's not easy to talk about this, but he is usually responsible for some work.
If you have a good relationship, that's fine.
Method 1. Establish a performance that determines returns through the performance of two people.
Method two. Look at your shares, split them according to your shares.
It is necessary to pay attention to Aiki to make money, but you can increase the fixed assets of the company.
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Then you can teach him that it is better to divide the money and things equally, otherwise you can do your own thing, and save yourself trouble.
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The distribution of benefits should first depend on the agreement between the two parties of the partnership agreement, and the two parties can negotiate if there is no agreement, the agreement is unclear or the distribution is obviously unfair.
According to what you have described, there are two benefits here, one is the profit generated by the assets you invest, and the other is the income generated by proper management. The former, because the money you invested is the same, should be fifty-fifty. The latter is mostly taken care of by you, so you should share more, but how much and how to divide depends on the specific situation.
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If you start a business in partnership, you will distribute this right according to your own capital contribution ratio.
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Look at the money and the effort you put in, it's better to count together.
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Allocate funds and other conditions reasonably, and be serious if you plan to start a business.
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It is necessary to be flexible in allocation, and whoever contributes more will be given more to whom.
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Friends start a business in partnership, so it must be based on how much each person contributes to distribute equity.
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It depends on how much money was invested at that time, and then it is decided.
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This does not depend on favors, but on the amount of capital contribution, and whoever has more shares will get more shares.
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Equity is distributed based on each person's contribution and also investment.
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The partnership shall distribute the benefits in the following ways:
1. Generally, the benefits shall be distributed in accordance with the provisions of the partnership agreement;
2. If the partnership agreement is not stipulated or the agreement is not clear, the partners shall decide through consultation;
3. If it cannot be negotiated, it shall be confirmed according to the proportion of capital contribution;
4. If the proportion of capital contribution cannot be determined, it shall be distributed equally by the partners.
Partnership Enterprise Law of the People's Republic of China
Article 33.
The distribution of profits and losses of the partnership shall be handled in accordance with the provisions of the partnership agreement;
If the partnership agreement is not agreed upon 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. 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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First of all, for profit distribution, there should be a "long-term fixed" standard, which cannot be changed frequently. Discussing the adjustment of the profit distribution method once a year can easily cause disagreements between partners. The reason for this is that from a business point of view, the profit generation of a project is not averaged over time, it is very common to:
There is no profit generated this year, and next year it is likely that a lot of profit will be generated, but it is difficult for you to directly correspond to the profit of a certain year only with the investment of the partner of the year, it is very likely that the profit of this year is the result of years of hard work, and it may even be the future pre-income. Therefore, it is advisable that the profit distribution method must be a long-term fixed standard.
Secondly, the distribution of profits should be separated from the income of salaries, that is, the income of the partners is not only the profit, but before the profit, because a certain effort can be obtained in various ways. For example, if a partner is responsible for developing a system for use in a partnership project during the year, he or she may separately negotiate a remuneration that meets the average market standard for this work, which is not part of profit distribution.
Finally, the method of profit distribution must be detailed in the partnership agreement. Some partnership enterprises are not specific enough about the profit distribution method in the partnership agreement, which will add a lot of trouble to the profit distribution in the future.
1. What is the format of the partnership agreement?
The format of the partnership agreement shall be in accordance with the format of the contract, and the content mainly includes the name of the partnership enterprise, the place of business, the purpose and scope of the partnership;
The name and address of the partners, the method and amount of the partners' capital contributions and the time limit for the payment of capital contributions, the method of profit distribution and loss sharing, dispute resolution, dissolution, liquidation and liability for breach of contract of the partnership.
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A partner is an individual or business that engages in a business activity together and shares capital contributions, joint operations, joint distribution of profits, and joint assumption of risks by entering into a partnership agreement. The interest relationship between partners is mainly reflected in the following aspects:
1.Proportion of capital contribution: The partners determine the proportion of the distribution according to the proportion of their respective capital contributions.
2.Division of labor and cooperation: Partners can cooperate according to their respective expertise and abilities to achieve better business results.
3.Profit distribution: The partners distribute the profits according to the distribution method agreed in the partnership agreement.
4.Risk-taking: Partners share the risks brought about by business activities, and the size of the risk is related to the proportion of capital contribution.
5.Duration of Partnership: After the expiration of the term of the partnership as set out in the partnership agreement, the partners may choose to continue the partnership or dissolve the partnership.
In conclusion, the relationship of interest between the partners needs to be clearly specified in the partnership agreement to avoid disputes in the future.
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1. The relationship between Zhao, Qian and Sun partners.
2。The relationship between the king and his son, guardian and ward.
3。The son of Sun and the King, (Book Jianfan?) In terms of severity, general beating, not guilty) 4The king's son poisoned the crime of damaging property.
5。Creditor-debtor relationship in farm contracts.
Result: Under the partnership law, the three were jointly and severally liable for farm debts.
Subsequently, the lawsuit was filed against Wang's son for damages caused by poisoning, and Wang was the guardian, and according to the civil law, Wang was liable for damages for his son.
It can be discussed that the state hail ordered the three partners to fail to stop the spread of the damage in time, knowingly poisoned, and did not clean the pond or drive the geese out, and part of the responsibility for the problem was borne by themselves.
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1. When a partnership is established, the partners must sign a partnership agreement on their respective capital contribution ratios, capital contribution methods, operation and management methods, profit distribution methods, etc.
2. However, in reality, many partners are relatively close.
cut friends or relatives, so the partnership agreement generally does not stipulate, thinking that as long as you make money, the other party will never treat you badly, this practice is easy to go wrong in the end.
3. If your friend is a voter.
The partner, who is also the person in charge of business management, on the one hand, as a business manager, receives the salary paid by the enterprise in which your partnership invests (the salary amount should be agreed in advance by both partners);
4. On the other hand.
As a partnership investor, she distributes the profits of the enterprise, and as for the profit distribution ratio, it should have been clearly agreed in the partnership agreement.
The parties re-agreed.
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1. Property rights, that is, the unified management and use rights of the contributed property and the common right to the accumulated property.
2. The right to decide on business, that is, the business activities of the partnership, shall be jointly decided by the partners. This is mainly manifested in the fact that each partner has the right to participate in the decision-making of partnership affairs, and all major issues involving the business activities of the partnership organization, the change of the partnership term, and the admission of new partners must be unanimously expressed by all partners before making a decision.
3. The right to operate and execute, from the perspective of the first right of the company, the right of each partner to execute the partnership affairs jointly decided by all partners, the exercise of the right of execution can be all partners, several partners or a single partner, and the way to execute partnership affairs can also be directly stipulated by the partnership contract, whether it is the person in charge of the partnership or other partners to perform the effect of partnership affairs, which shall be borne by all partners.
4. The right to supervise the operation, the quality of the partnership, is directly related to the interests of each partner, and not all partnership affairs are decided and executed by all partners, therefore, the general partner has the right to supervise and inspect the partner who performs the business. The general partner has the right to inspect the execution of the partnership, the management of the property and the viewing of the accounts, and the executor of the business shall be supervised and inspected. The right of supervision is one of the most important rights in the internal relations of partners, and it plays an important role in guaranteeing the conduct of political parties in partnership activities.
5. The right to distribute earnings, the right to distribute earnings is the most basic right of partners, and the individual partnership contract must stipulate the distribution method of earnings in the agreed terms.
Legal basisArticle 26 of the Partnership Enterprise Law of the People's Republic of China.
The partners have the same right to speed up the execution of the affairs of the partnership. In accordance with the provisions of the partnership agreement or the decision of all partners, one or more partners may be entrusted to represent the partnership and carry out partnership affairs; Where a legal person or other organization that is a partner performs partnership affairs, it shall be executed by a representative appointed by it.
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