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To do business in partnership, you need to pay attention to the following points:
1. A key point in the partnership process: trust
There is a relationship that is called "the one who is close to Zhu is red, and the one who is close to ink is black."
Regardless of the field, this relationship will be affected by this attitude, so many people will choose this relationship to start a business. But can you really get it?
Many times not everyone can understand you, for example, you don't understand his thoughts and practices, or he has problems or is incapable. When this contradiction arises, you feel that no one is willing to be on your side. Therefore, when you cooperate with other partners to complete a task, you must first ask whether the other partners also think the same way and what kind of responsibilities and obligations you will bear, only when this relationship is established (for example, you make a platform, or you go to a platform) can you make a more rational and comprehensive judgment and decision on this matter.
Second, the partnership should be done wellRisk assessment
There are many factors to consider when making a decision, and when you decide on a project or product, you have to assess the risks.
Including technical risks, management risks, etc., if it is the first time to do business, then it is best to ask a few more questions: Why are you doing this business?Do you have a technical advantage?What do you guys think about the product?And how do you position yourself for the future market?
3. Establish and improve itPartnershipsto effectively control risks
If the partnership system is not perfect, then once you encounter some problems, you will face great risks. For example, if the two parties have agreed on a wage commission, then in the event of a dispute, the partnership may be in danger of dissolution. Therefore, in the partnership system, there must be a clear provision that both parties must clearly stipulate in the employment contract that neither party may unilaterally terminate the labor contract (or provide services).
At the same time, there must also be a complete and clear articles of association in the partnership system.
Only by clarifying the articles of association can both parties act in accordance with the articles of association and effectively prevent the risk of transfer of control of the company. This is a very important link for the company and shareholders.
Fourth, do a good jobDisclosure of Informationto protect the interests of partners
Information disclosure should be done at the beginning, which is the most basic respect for investors and partners. If there is no information disclosure or only verbal promises and agreements, people will often lose trust, which will affect the stability and development of the partnership, and will also lead to conflicts between partners. If the entrepreneur fails to disclose the information in his or her favor in a timely and accurate manner, it will affect the investor's confidence and expectation of the enterprise or project, so that other partners will play a counterproductive role towards the project and the founder.
Therefore, it is necessary to do a good job in advance of equity agreement, distribution ratio and profit distribution.
scheme, etc. In addition, when investing or operating, it is also necessary to clarify whether the direction of capital use can be agreed with shareholders and whether the direction of capital investment is in line with its development plan.
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First of all, several people should do business together, they should have the same values, and the goals should be the same, and secondly, they should have a clear division of labor, each performing its own duties, the accounts should be calculated clearly, and there should be a boss to adjust if there are problems, so as to go long-term.
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It is necessary to pay attention to the way of getting along, the way of distribution of partnerships, and the way of distributing the interests of funds, and also to pay attention not to have conflicts with others, let alone offend others.
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I suggest doing business by yourself, don't partner with others, even the closest relationship, because there are many benefits from doing business, you have more and I have less, and the relationship will be alienated for this little bit of interest after a long time.
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I really don't know, I haven't understood, and many people have big questions about this issue.
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There are a few things to keep in mind when two people are doing business together.
First, both parties should clarify the proportion of shares, and it is best to sign a contract.
Second, pay attention to whether the division of labor between the two sides is clear. For example, the contract stipulates that Party A is responsible for personnel, environment, etc., and Party B is responsible for supervision, planning and operation, etc., no matter how much the shares of both parties share, they should not interfere in the management of the other party.
Third, financial transparency, every public expenditure needs to be made public, so that both parties know.
Legal basis: Article 143 of the Civil Code stipulates that civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
2) The meaning is genuine;
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
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To do business in partnership, you need to pay attention to the following points:
1. First of all, we must build consensus and gain trust;
2. Establish a set of cooperation rules;
3. Maintain frequent communication and communication. It can continue to deepen the trust between the two sides, better coordinate the work, and resolve the contradictions between the two sides in a timely manner, so as not to let them develop and grow;
4. Be transparent and clear about each other;
5. Partners should have a tolerant heart for each other;
6. Don't let your relatives point fingers at the company.
Civil Code of the People's Republic of China
Article 970.
Where a partner makes a decision on partnership affairs, it shall be subject to the unanimous consent of all partners, unless otherwise agreed in the partnership contract.
Partnership affairs are carried out jointly by all partners. In accordance with the provisions of the partnership contract or the decision of all partners, one or more partners may be entrusted to carry out partnership affairs; The other partners no longer carry out the affairs of the partnership, but have the right to supervise the execution of the affairs.
If the partners separately perform the affairs of the partnership, the executive partner may raise objections to the affairs performed by the other partners; After raising an objection, the other partners shall suspend the execution of the matter.
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There are a few things to keep in mind when two people do business together:
1. Determine the proportion of capital contribution of the company's partners, so that it is convenient to divide responsibilities in the event of disputes and debts, so as to avoid conflicts;
2. Determine the rights and obligations of partners, whether the division of labor is clear, and ensure the normal operation of the company;
3. The qualification review of the partner mainly includes the partner's character, ability, family situation, assets, and whether there are large external debts.
4. Financial transparency, every public expenditure needs to be announced so that both parties know.
1. The following restrictions apply to the qualifications of partners:
1. Wholly state-owned companies, state-owned enterprises, listed companies, public welfare institutions and social organizations shall not become general partners;
2. In a general partnership, if the partner is a natural person, he or she shall have full capacity for civil conduct. In a limited partnership, the limited partner who is a natural person may be assumed by a person who does not have full capacity for civil conduct;
3. In a special general partnership, the partners need to have the corresponding professional qualifications;
4. When a natural person who is a limited partner dies, is declared dead in accordance with the law, or a legal person or other organization that is a limited partner is terminated, his heirs or successors may obtain the qualification of the limited partner in the limited partnership in accordance with the law.
2. The advantages of opening a company in partnership are as follows:
1. The partners repay the debts together, which reduces the risk of bank loans and improves the financing ability of the enterprise;
3. Compared with general companies, since at least one of the partnership companies has unlimited liability, the interests of creditors can be more protected.
In short, it is important to make a written agreement before the partnership, and do not make a verbal promise, so as to avoid the uneven distribution between the partners or the evasion of liability if the company makes profits or losses. Before establishing a company, the qualifications of the partners should be reviewed, mainly including the partners' character, ability, family situation, assets, and whether they have large external debts.
[Legal basis].
Company Law of the People's Republic of China
Article 3 Where the initiator signs a contract in the name of the company under establishment, and the counterparty of the contract requests the company to bear the contractual liability after the company is established, the people's court shall support it.
If, after the establishment of the company, there is evidence to prove that the promoter used the name of the company under establishment to sign a contract with the counterparty for its own interests, and the company claims not to bear contractual liability on this ground, the people's court shall support it, except where the counterparty is acting in good faith.
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Doing business in partnership is not the same as doing business on your own, there are many things that need to be paid attention to. Let me tell you what you should pay attention to when doing business in partnership.
01 Generosity: The mentality of the people who work together must be good, and remember to be careful. We must focus on the overall situation of cooperation. Don't stick to the little things.
02 Communication: When doing business in partnership, communication is very important. Don't hide it, just say what you have and figure it out together. Only when communication is good and everyone understands what you are talking about. Business can get better and better.
03 Division of labor and cooperation: When you do business in partnership, you need to understand what you are good at. Determine your own positioning and clarify the division of labor. In this way, the work can be completed efficiently.
04 Be open and transparent: Be transparent about bills and money. There are a lot of people who do business because of money. Therefore, the ** and the purpose of the money must be clear and clear.
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Note 1: Once a dispute arises, the partners have their own opinions and have no relevant written basis to determine the legal relationship between the two parties, and it is often difficult to determine the proportion of rights and responsibilities within the partners, which will make it difficult for the parties to present evidence and the trial process will be relatively complicated. Therefore, it is a good idea to sign a written partnership agreement before doing business even in partnership.
The name and main place of business of the partnership, the method of capital contribution of the partners, the amount of their respective capital contributions, the method of profit distribution, the method of bearing losses, the entry and withdrawal of the partnership, etc., shall be clearly stated, and the relevant written evidence of the individual's capital contribution in the form of funds, in-kind, labor services, technology, etc., shall be retained, and shall not be based solely on oral agreement, so as to avoid unclear involvement in disputes.
Note 2: Business activities should be traced, and there is a basis for income distribution. On the one hand, many partners do not pay attention to the retention of relevant evidence during the business period due to lack of legal awareness in business activities, and on the other hand, they do not pay attention to the retention of relevant evidence due to the situation or the initial trust relationship, and it is difficult to present evidence after a dispute arises.
Note 3: Settle the partnership income in a timely manner, and regularly sort out and prevent disputes. In order to make money in partnership, many partners are at war with each other over the distribution of income, and long-term non-settlement of accounts makes the partners disagree and fiercely opposed.
Regular settlement of income can mobilize the enthusiasm of partners, and can also detect disputes between partners and deficiencies in the partnership system at an early stage, so as to solve problems in the bud in a timely manner.
Even if the proceeds are used as continued investment for the long-term development of the business project during the partnership, the new investment ratio and dividends must be agreed in writing. Of course, partners also need to have a correct mentality, keeping in mind that doing business cannot be profitable, and partners need to share risks while sharing benefits.
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Summary. Dear, I'm glad to answer for you, the need to pay attention to doing business in partnership is to establish a set of cooperation rules. Everything should be done according to the rules of cooperation, and problems cannot be dealt with only by feelings.
This is also a very important point. The first is that it can continue to deepen the trust between the two sides. The second is to communicate more and understand each other better, so that you can better coordinate your work.
Dear, I'm glad to answer for you, and the need to pay attention to the establishment of a set of rules for cooperation in partnership and business on the side. Everything should be done according to the rules of cooperation, and problems cannot be dealt with only by feelings. This is the most important point.
The first is that it can continue to deepen the trust between the two sides. The second thing is to communicate more, understand each other more, and better coordinate the work.
A partnership is a group of two or more people who 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. Moreover, it can not only be applied to the concept of partnership but also has multiple meanings, sometimes referring to the joint behavior of more than two people, and sometimes referring to the town of Shenji as an economic association composed of more than two civil subjects.
State carrying. I partnered with a friend to open a garment processing factory, he invested 300,000 machines to set up a disturbance preparation, the factory has done a good job, he asked me to invest 150,000 yuan, the profit distribution is 40% to me, he accounts for 60%, the problem is that I don't understand anything, like this situation we should Jingdan how to negotiate, how to get the agreement.
First of all, you should sign a partnership agreement to clarify the rights and obligations of both parties, as well as the proportion of profit distribution. You should determine a reasonable investment ratio, and considering that your investment ratio is lower than his, you can ask him to provide technical support, or provide some management services to compensate for your investment ratio. Finally, you should determine a reasonable profit distribution ratio, considering that your investment ratio is lower than his, you can ask him to provide technical support, or provide a certain amount of pegging loss management services to compensate for your investment ratio.
Both of us are elementary school cultures, and neither of us understands what you said, and we don't know how to get it.
We can't even understand the literal meaning, but are you two going to do an agreement to share the agreement.
Yes. You buy a service teacher to help you write an agreement, and the agreement of two people is divided into an agreement.
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Special attention must be paid to the order of repayment, so the funds deposited into the credit card account will be used to repay the arrears of the RMB account first, and only when there is an overpayment in the RMB account, the excess part can be used for the purchase of foreign exchange.