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Today's representative forms of inter-enterprise cooperation include: enterprise cooperation network, strategic alliance, supply and demand chain management, enterprise group, etc.
1. Enterprise cooperation network.
The enterprise cooperation network is to regard the interdependent activity relationship between enterprises and economic organizations as a kind of enterprise network, and various economic actors engaged in such activities are the nodes in the network.
2. Strategic Alliance.
Strategic alliance, also known as strategic alliance, is a form of cooperation formed between two or more enterprises or economic organizations through a certain contract or partial equity relationship in order to achieve a certain strategic purpose.
3. Supply and demand chain management.
Supply and demand chain management is actually a network chain of relationships between an enterprise and its first business, the first business of the first business, and the first business of the first business, and the seller of its seller and the seller, and so on until the end user.
Fourth, enterprise groups.
An enterprise group is a large-scale economic joint organization composed of multiple legal entities through certain links, with multiple levels, and allowing cross-industry, cross-departmental, cross-ownership, and transnational organizations.
5. Business outsourcing.
Business outsourcing promotes the idea that if we are not the best in the world at one point in the value chain, if this is not our core competitive advantage, if this activity does not separate us from our customers, then we should outsource it to the best professional companies in the world.
6. Virtual enterprises.
The so-called virtual enterprise refers to the open organizational form formed by a number of small enterprises or workshops of different sizes and expertise connected by information networks and rapid transportation systems in order to obtain the greatest competitive advantage under the condition of limited resources.
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Enterprise cooperation refers to the business activities between different enterprises through agreements or other joint means to jointly develop products or markets and share benefits in order to obtain overall advantages. There are several ways to cooperate between enterprises:
1. The enterprise cooperation network refers to the interdependent activity relationship between enterprises and economic organizations, and the interaction between enterprises is completed through mutual coordination between organizations.
2. A strategic alliance is a cooperative relationship formed by at least two enterprises through contracts and relationships in order to achieve a certain strategic purpose. The strategic partner may be a business entity or a competitor.
3. Cooperation between supply and demand chains. The chain is essentially the relationship network chain between the enterprise and its raw materials to the product terminal. The cooperation between the enterprises related to the upper and lower chains is beneficial in the long run, but the distribution of benefits is a problem worth considering.
4. Business outsourcing. Enterprises should identify their core competitive advantages and focus their internal intelligence and resources on those activities that have core competitive advantages.
5. Virtual enterprises or group enterprises. Both are the integration of resources, the core competitiveness of different enterprises to connect such as calling, the former is to form an open organizational form, the latter is a relatively closed organizational group.
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There are six types of cooperation models, namely, resource exchange, equal sharing of interests, equity transfer, buyout, guaranteed share, franchise cooperation and so on.
The details are as follows: 1. Resource swap: Resource swap is a financial transaction in which both parties agree to exchange cash with each other for a period of time.
2. Equal distribution of interests: Equal distribution of interests is a state of relative peaceful coexistence and relative balance of power of the interest system that appears under a certain interest pattern and system.
3. Equity transfer: Equity transfer is a civil legal act in which the shareholders of the company transfer their shareholder rights and interests to others for compensation in accordance with the law, so that others can obtain equity.
4. Buyout cooperation: Buyout is a kind of market operation. Generally, it refers to the exclusive right, ownership, and management right of purchasing other people's labor regret or labor defect products in the form of money, in a certain area or for a certain period of time.
If the book sells more than 10,000 yuan this month and reaches 20,000, then I can get 20,000. If it's less than 10,000, only 5,000, then I'll still take 10,000.
6. Franchise cooperation: Franchise is the relationship between the enterprise organization, or the continuous contract between the franchise chain head office and the franchise store. According to the contract, a unique business privilege must be provided, plus unconditional assistance (personnel training, organizational structure, business management, supply and marketing of goods).
Legal basis
Company Law of the People's Republic of China
Article 27 Shareholders may make capital contributions in monetary terms, or in kind, intellectual property rights, land use rights, and other non-monetary assets that can be valued in monetary terms and can be transferred in accordance with law; However, there is an exception for property that is not allowed to be used as capital contribution as stipulated by laws and administrative regulations. The non-monetary property used as capital contribution shall be appraised and verified, and the property shall not be overvalued or undervalued. Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions.
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Advantages: 1. Cross-border investment leads to the globalization of resource allocation, so that the world's production is carried out under the most reasonable geographical layout. The flow of capital leads to the flow of technology, the flow of management and the redivision of markets.
2. Transnational investment has led to the globalization of market operation methods, so that the countries where investment flows adopt the production and operation methods of the market economy.
3. The strong economic benefits of cross-border investment have accelerated the economic opening up of underdeveloped countries, and promoted the opening up of these countries to the outside world and entered the world economic system with great attraction.
4. Multinational corporations have greatly promoted international development and demanded that they be carried out in a freer way.
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Precautions for signing a contract: 1. Verify and confirm the subject qualification of the other party 2. Form of contract: 1. The contract must be signed in writing; 2. If the contract is concluded in the form of oral, letter or data message, a confirmation must be signed and stamped and signed; 3. The background of the contract should be indicated.
3. The necessary terms of the contract should be specific and clear: 1. The names of the parties must be true and consistent; 2. The subject matter, quantity, quality, price and packaging method of the contract should be specific and clear; 3. Pay attention to the acceptance method, procedure and time; 4. The mode of performance must be specific: delivery method, settlement method; 5. The performance period must be determined at a certain point in time or time period; 6. Try to make it clear that the location of the company is the place where the contract is performed; 7. The liability for breach of contract shall be quantified as liquidated damages or the calculation method for determining liquidated damages; 8. The dispute resolution method is negotiation and litigation, and it is agreed that the court where the company is located has jurisdiction or Guangzhou Arbitration Commission for arbitration.
4. Contractual obligations before contracting: 1. Obligation to assist and notify; 2. The trade secrets of the other party obtained at the time of signing the contract shall not be disclosed or used. 5. The authorization documents such as power of attorney, letter of introduction, and sealed contracts issued by the company should be tracked and managed, and the name of the counterparty to the contract, the scope of authorization, and the validity period should be indicated when they are issued, and the business should be withdrawn in a timely manner.
The above-mentioned documents should be recovered in a timely manner when business personnel leave the company, and if they cannot be recovered, they shall promptly notify the relevant units in writing and make evidence preservation. If the business personnel of Li Zhengxian still sign the contract in the name of the company after the termination of the entrustment authorization, it shall be determined in a timely manner whether to recognize it; Where recognition is not granted, the other party should be notified in writing and evidence preservation should be conducted. If necessary, it is required to intervene and investigate its criminal responsibility.
The content of the contract shall not harm the public interest, shall not maliciously collude to damage the interests of the state, the collective or a third party, and shall not contain exemption clauses that cause personal injury to the other party or cause property damage to the other party due to intentional and gross negligence. 6. In the event of a major misunderstanding, obvious unfairness, fraud, coercion, or taking advantage of the danger of others to conclude a contract, the evidence shall be collected in a timely manner, and the right of revocation shall be exercised within the exclusion period (i.e., one year). 7. After the contract is signed, the original contract must be handed over to the company for safekeeping.
Article 10 of the Contract Law The form of the contract The parties enter into a contract in written, oral and other forms. Where laws and administrative regulations provide for the use of written form, the written form shall be used for repentance. Where the parties agree to use written form, it shall be in written form.
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There are too many cooperation models. It mainly depends on what the company you are referring to is operating and what the purpose of the cooperation is. Usually it is a strong project for each other's companies. But it also depends on the way the two companies operate and how they operate financially.
Depending on what entity your company is, agree with the upstairs.
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