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The company's legacy is to be solved, as for how to solve it, we don't know, we must not know what the problem is your legacy, I read what you said, you registered the company at the beginning of the company without liquidity is the biggest mistake, whether it is to open a company or do a small business to leave enough liquidity, which is needed in the future.
I think there are the following things that you haven't done well, and it is possible that this is the reason, 1You don't have a complete personnel map, and your core leaders are all kinship, and the division of labor is unclear. 2.
There is no clear contract between you, and there is no binding nature without a contract. I know this from above.
The rest is up to you.
Good luck.
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There are still a lot of small businesses, such as learning a snack, the entry-level barbecue and braised vegetables, etc., and when the time comes, set up a stall to do a small business, it is important to insist, and you will get a harvest for your hard work.
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It's the old problem of partnership business again, let's solve it quickly, it's not a way to hold it at all, I really admire you to do these businesses, just like you said that the more money you can make in the development of the fast. Traditional concepts: business should have capital that can be seen and touched, such as; Currency; Real estate, etc., but also intangible capital such as, here refers to invisible and intangible capital such as; Knowledge; Experience; Interpersonal relationship; Opportunity; information, etc.
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Legal analysis: If it is personal negligence, it is borne by the person who is at fault. In the case of an individual partnership, the partners shall bear the liability for repayment with their respective assets in accordance with the proportion of capital contribution or the agreement agreed.
A partner who repays the debts of the partnership in excess of the amount he should bear shall have the right to recover from the other partners.
Legal basis: "Partnership Enterprise Law of the People's Republic of China" Article 2 The term "partnership enterprise" as used in this Law refers to the general partnership and limited partnership established by natural persons, legal persons and other organizations within the territory of 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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The specific method of handling is to share the losses of the partnership 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 decision shall be made through negotiation between the parties involved in the joint venture.
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 partner lead accompaniment.
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The partners shall bear the civil liability for repayment caused by the loss with their respective financial assets in accordance with the capital contribution ratio or agreement.
What to do if there is no partnership agreement dispute in partnership business.
It can be negotiated, or there is the option to sue. The two parties are individual partnerships, and although they have not obtained a business license, as long as there is an oral agreement and two witnesses who have no interest in the relationship, the existence of a partnership can be determined. Now the key is to find evidence to prove the existence of a partnership, in addition to witness testimony, if there are other documentary evidence that can prove the partnership, etc., it can also be reinforced.
In this way, the chances of winning the case are high. According to Article 968 of the Civil Code of the People's Republic of China, partners shall fulfill their capital contribution obligations in accordance with the agreed method, amount and payment period.
According to Article 969 of the Civil Code of the People's Republic of China, the capital contribution of a partner, the income obtained in accordance with the law due to the partnership affairs and other property belong to the partnership property. Before the termination of the partnership contract, the partners may not request the division of the partnership property. "
How to divide things in partnership and business.
When the partnership is terminated, if there is a written agreement on the disposal of the partnership property, it shall be handled in accordance with the agreement; If there is no written agreement and the negotiation fails, if the capital contribution of the partners is equal, the majority opinion shall be considered and the matter shall be dealt with appropriately; If the amount of capital contributed by the partners is unequal, it shall be handled according to the opinion of the partner whose capital contribution accounts for the most of the total partnership property, but the interests of the other partners shall be protected.
Article 18 of the Partnership Enterprise Law of the People's Republic of China.
The partnership agreement shall specify the following matters:
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 names and addresses of the partners;
4) The method, amount and payment period of the partner's capital contribution;
5) Methods of profit distribution and loss sharing;
6) the execution of partnership affairs;
7) Occupation and withdrawal;
8) Dispute resolution;
9) Dissolution of the partnership and liquidation of the partnership;
10) Liability for breach of contract.
Legal basis:
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Summary. Legal basis: Article 972 of the Civil Code of the People's Republic of China The profit distribution and loss sharing 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 973:The partners shall be jointly and severally liable for the debts of the partnership. A partner who pays off the debts of the partnership in excess of his or her own share shall have the right to recover from the other partners.
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The loss of the partnership business shall be treated as follows: it 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 Hejiaqing Brigade will distribute and share the trouble according to the proportion of the paid-in capital. If it is not possible to determine the proportion of the stool capital, it shall be equally distributed and shared by the partners.
Legal basis: Article 972 of the Civil Code of the People's Republic of China The profit distribution and loss sharing 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 the paid-in capital contribution; If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners. The nine hundred and seventy partners are jointly and severally liable for the debts of the partnership.
A partner who pays off the debts of the partnership in excess of his or her share shall have the right to recover from the other partners who have repented of the partnership.
Hello, we are a partnership of five people to open a company, the other three people of Sun Mu and Sun are invested 200,000 yuan, there is a person who contributed 100,000 yuan but the technology to open the company, and there is a person who did not contribute but all the business is his, the shares are evenly divided, now the company does not do, there is a loss, how should this loss be calculated, there is no contract Naiqing, pro, in this way, the five people have to bear it together.
Dear, have you negotiated this matter?
It was originally said that it should be apportioned according to the proportion of capital contribution, and there is no written agreement.
Dear, what was the ratio at that time?
At that time, the ratio was apportioned according to the proportion of capital contribution.
But now there is one person who disagrees again.
Dear, why doesn't the other party agree?
I didn't say the reason, dear, did the other party contribute more?
The other party is the party that contributed 200,000 yuan.
Dear, this is a lot of investment.
Dear, are the other of you now agreeing?
Dear, the teacher will teach you how to deal with it.
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The partners shall bear the civil liability for repayment caused by the loss with their respective assets in accordance with the proportion of capital contribution or the agreement.
How to divide things in partnership and business.
When the partnership is terminated, if there is a written agreement on the disposal of the partnership property, it shall be handled in accordance with the agreement; If there is no written agreement and the negotiation fails, if the partners have equal contributions, the majority opinion shall be considered; If the amount of capital contributed by the partners is different, it shall be handled according to the opinion of the partner whose capital contribution accounts for the most of the total partnership property, but the interests of the partners shall be protected.
Article 18 of the Partnership Enterprise Law of the People's Republic of China.
The partnership agreement shall specify the following matters:
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 names and addresses of the partners;
4) The method, amount and payment period of the partner's capital contribution;
5) Methods of profit distribution and loss sharing;
6) the execution of partnership affairs;
7) Occupation and withdrawal;
8) Dispute resolution;
9) Dissolution and liquidation of the partnership;
10) Liability for breach of contract.
How to do business in partnership with money and effort.
This can be agreed upon in the contract according to yourself.
Equity is the right of shareholders to obtain economic benefits from the company and participate in the operation and management of the company based on their shareholder qualifications.
Equity is first divided into two categories: capital equity and operation and management equity, that is, economic rights and political rights. First of all, the equity of these two parts should be clearly determined, and the equity of these two parts should be distributed according to the perspective of these two categories, not according to the degree of people's horns.
Legal basis:
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