How is this cooperation agreement drafted? Ask for answers

Suggestion: The company and the vice president (marketing CEO) sign a contract agreement for the company's marketing department. The contractor shall pay the contract deposit, which clearly stipulates that the economic responsibility shall be the person in charge of the contractor, the company shall only collect management fees, the contractor shall supervise and control the contractor's behavior, and the external contract company shall keep it in a unified manner.

When the third party and the contractor sign a contract, the third party shall recognize the agreement between the company and the contractor and guarantee that if there is a dispute, only the contractor and its project department will be sued. The information you provide is too little, and I hope you will provide details and communicate with the lawyer in person to draw up the agreement.

The contract is an important document in life, and the management departments of various industries and the administrative departments for industry and commerce have formulated and issued many model contract texts after long-term practice, and the contract is relatively complete in accordance with the model text, which is beneficial to both parties to the contract and is relatively fair. There are also some contract standard clauses, which are unified for different customers after formulation, and also have certain reference value. It is recommended to find and ** on the relevant ** and **, and have time to study the "Contract Law" again. ]

Clarify the two parties and determine the rights and obligations of both parties. You didn't explain the specific situation clearly, and the detailed plan could not be given to you. ]

Determine the specific category of the contract, and then, there are many contract templates in the library, and it is best to look at the Contract Law of the People's Republic of China].

Legal analysis: According to the relevant provisions of the Contract Law and the Company Law, the cooperation agreement generally needs to contain the information of the target company, the capital contribution and shareholding of the parties, the division of management functions of the company, the distribution of profits and losses, the provisions on the transfer and withdrawal of shares, and the circumstances and methods of terminating the agreement.

The following points need to be focused on in the share cooperation agreement: Hu state.

1) Shareholder qualifications, because all shareholders are jointly and severally liable for initiating the establishment of the company.

2) Capital contribution: Shareholders can make capital contributions in money, or they can make capital contributions in kind, intellectual property rights, land use rights, etc. Be sure to clarify the method and amount of capital contribution from shareholders. If it is a non-monetary contribution, it is necessary to clarify whether the other party has the right to dispose of it.

3) Clearly stipulate the time of capital contribution and the procedures for the transfer of property rights. As a shareholder, they shall pay in full and on time the amount of capital contribution subscribed by each of them as stipulated in the articles of association.

4) Clarify the responsibility for capital contribution, and if the shareholder fails to make the capital contribution in accordance with the agreement, it shall bear the responsibility of paying the capital contribution and making compensation for breach of contract to the shareholder who shall make the full capital contribution.

5) Liability for failure to be established. If the company is not successfully established, the shareholders shall be jointly and severally liable; the question of how to divide the debts and expenses incurred in the process of establishment; Liability for the failure to establish a company due to the personal negligence of shareholders and the damage to the interests of other shareholders.

Legal basis: Company Law of the People's Republic of China Article 30 After the establishment of a limited liability company, if it is found that the actual value of the non-monetary property contributed as capital contribution for the establishment of the company is significantly lower than the amount fixed in the articles of association of the company, the shareholder who has made the capital contribution shall make up the difference; The other shareholders at the time of the establishment of the company are jointly and severally liable.

Legal analysis: 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 letter must be signed and stamped and signed.

3. The background of the contract should be indicated when signing the contract.

4. The names of the parties must be true and consistent.

5. The subject matter of the contract, quantity, quality, price, and packaging method should be specific and clear.

6. Pay attention to the acceptance method, procedure and time.

7. The mode of fulfillment must be specific: delivery method and settlement method.

Legal basis: Civil Code of the People's Republic of China Article 470 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; 3) the number is not the same;

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 refer to the model texts of various types of contracts to conclude contracts.

There is no needWhen working together, there are many things that cannot be done, so you need to understand each other, and you generally don't do too much, so don't worry about that.

Any enterprise has a time to be Party BFor consultants, public relations, advertising and other companies in the market industry, there is almost no time to be Party A. Too often, I hear someone say that to be Party B is to provide Party A with a full range of services, to meet all the requirements of Party A, and to implement all the things Party A says in place.

I can't say that this is wrong, but it is tiring to do so. Here I will not talk about the issue of backbone and dignity, from a professional point of view, Party A buys services from Party B, it must be Party A entrusts Party B to do things that it cannot do, from this point of view, Party B is "strange goods", there is no need to keep quiet.

At the time of the conclusion of the contract, whichever of the two parties makes the request first is generally regarded as A.

Square; It is also possible to negotiate. In fact, the title of Party A and Party B does not matter, it does not indicate the weight of the right, there is no difference between the two parties in the law, and both parties must abide by the terms of the contract. The breaching party is liable for breach of contract.

Party A generally refers to the party that proposes the goal, and in the process of contract drafting, it mainly proposes what goal to achieve, and is the leading party of the contract. Party A is generally the investor or investor, that is, the main body of the operation, in a dominant position, with the investor as the main body of the market or the dominant market as Party A's market.

Party B is generally the labor party, that is, the entity responsible for achieving the goal. For example, a power supply company signs a power supply contract with an enterprise, the enterprise is Party A, and the power supply company is Party B; The decoration company signs a contract with the resident, the resident is Party A, and the decoration company is Party B.

I don't think it's necessary, but it also depends on the specific situation, and if all of Party A's requirements are reasonable and acceptable, then it's fine.

Cooperation is two-sided, to meet both sides, to maximize benefits, win-win. Therefore, on the premise of satisfying the respective interests of both parties, not only Party B must meet the requirements of the other party, but Party A must also meet all the requirements of the other party, but the premise is that it must comply with laws and regulations.

No, there is a bottom line for being a person, and the company is the same, as much as possible to meet the requirements of Party A, but also to have its own bottom line, and the impossible things to be done must be explained. Furthermore, Party A and Party B have a contract, and they can follow the content of the contract, and if their demands are excessive, they can take the contract out and refuse.

In the cooperative relationship between Party A and Party B, Party B should be based on the contract identified by both parties, and Party B should try to meet Party A's requirements as much as possible, and do not agree to the conditions beyond the scope of the contract.

Of course, you can not agree to Party A's request only when it is reasonable enough and not beyond your ability. If it is an unreasonable request, there is no need to accede.

Rights and obligations are reciprocal! To the extent permitted by law, both parties must abide by the contract signed by both parties! Equal rights and obligations!

That is, the cooperative relationship is equal, and it is said that no matter who you are dealing with, you must keep your bottom line.

Party A has the right to require Party B to meet his request.

No, cooperation is based on equality, and if there is a bully clause, there is no need for cooperation.

Personally, I think it depends on the situation.