What Are Articles of Partnership?

A partnership contract is also known as a "personal partnership contract." An agreement in which two or more natural persons agree to jointly fund, jointly operate, share profits, and share risks in order to achieve common economic purposes. It has an important role in determining the internal relationship of the partnership. In addition to following the general rules of contract behavior, it is also subject to special restrictions on partnerships by law, that is, the partnership contract must not violate the principle of mutual property partnership, the principle of mutual agency of partners, and unlimited The principle of joint and several liability, violation of such coercive provisions does not have legal effect. The necessary clauses of the partnership contract include the amount and proportion of the partners' contribution, the proportion of the partnership's surplus distribution and service sharing, the matters of partnership and withdrawal, the duration of the partnership and the termination of the partnership. According to the civil and commercial laws of various countries in the civil law, if the above contents are not stipulated in the specific partnership contract or the agreement is not clear, the relevant legal presumption clauses shall apply. ^[1]

Partnership contract

A partnership contract is also known as a "personal partnership contract." An agreement in which two or more natural persons agree to jointly fund, jointly operate, share profits, and share risks in order to achieve common economic purposes. It has an important role in determining the internal relationship of the partnership. In addition to following the general rules of contract behavior, it is also subject to special restrictions on partnerships by law, that is, the partnership contract must not violate the principle of mutual property partnership, the principle of mutual agency of partners, and unlimited The principle of joint and several liability, violation of such coercive provisions does not have legal effect. The necessary clauses of the partnership contract include the amount and proportion of the partners' contribution, the proportion of the partnership's surplus distribution and service sharing, the matters of partnership and withdrawal, the duration of the partnership, and termination matters. According to the civil and commercial laws of various countries in the civil law, if the above contents are not stipulated in the specific partnership contract or the agreement is not clear, the relevant legal presumption clauses shall apply. ^[1]

Partners must make joint funding. Including partners only provide

Partnership contract template one

Partners entering into the contract:

Name _______, gender _______, age _______, address _______.

(Other partners fill in the order of the items listed above.)

Article 1 Purpose of Partnership _______

Article 2 Partnership Projects and Scope _______

Article 3 Duration of Partnership

The duration of the partnership is 10 years, beginning on January 1, 1990 and ending on January 1, 2000.

Article 4 Investment amount, method,

1. The partner _______ (name) contributes capital in the form of _______, counting RMB_______.

(Other partners are listed in the same order as above)

2. All partners' capital contributions must be paid by _______ months _______ months _______ days. If the payment is overdue or not paid in full, the bank interest shall be calculated corresponding to the outstanding amount and compensation shall be made for the losses caused thereby.

3. The total capital contribution of this partnership is RMB_______. During the partnership, the contribution of each partner is common property, and no division can be requested at will. After the termination of the partnership, the capital contribution of each partner remains personal and will be returned at that time.

Article 5 Surplus distribution and debt commitment

1. Surplus distribution, based on _______, proportionate distribution.

2. Debt commitment: The partnership debt is first repaid by the partnership property; when the partnership property is insufficient to be settled, it shall be borne by the partners on the basis of _______.

Article 6 Transfer of Contributions

1. Occupation: Recognition of this contract; Consent of all partners; Implementation of rights and obligations stipulated in the contract.

2. Withdrawal: You must have a valid reason; You must not withdraw from the partnership when the partnership is unfavorable; You must inform the other partners _______ months in advance and agree with all partners; Settlement will be based on the property status at the time of withdrawal, regardless Any method of capital contribution shall be settled in monetary terms; If the partnership is returned without the consent of the partners, causing losses to the partnership, compensation shall be made.

3. Transfer of capital contribution: Allow partners to transfer their capital contribution. When transferring, partners have the first right of transfer; if a third party other than the transferring partner is transferred, the third party should be treated as a partner, otherwise the transferor will be treated as a withdrawal.

Article 7 1. The person in charge of the partnership shall have the following powers: externally conduct business and conclude contracts; daily management of partnerships; sell partnership products (goods);

2. The rights of other partners: Participate in the management of the partnership; Listen to the report on the business development of the person in charge of the partnership; Check the partnership books and operations;

Article 8 Prohibited Acts

1. Without the consent of all partners, any partner is forbidden to conduct business activities in the name of the partnership; if his business gains benefits from the partnership, the losses will be compensated according to the actual losses.

2. It is forbidden for partners to engage in business that competes with the partnership.

3. Prohibit partners from joining other partnerships.

4. Partners are prohibited from signing contracts with this partnership.

5. If the partner violates the above provisions, he shall compensate for the actual loss of the partnership. Anyone who discourages non-listening can be removed by all partners.

Article 9 Termination of partnership and matters after termination

1. The partnership may be terminated for one of the following reasons: the expiry of the partnership period; all the partners agree to terminate the partnership; the partnership is completed or cannot be completed; the partnership is cancelled in violation of the law; the court decides on the request of the relevant parties Dissolution.

2. Matters after the termination of the partnership: immediately recommend the liquidator and invite _______ intermediaries (or notaries) to participate in the liquidation; if there is a surplus after the liquidation, the debts will be collected, the debts will be paid, the capital will be returned, and the remaining will be allocated in proportion The order of property proceeds. Fixed assets and indivisible items can be sold to partners or third parties at a price, and their prices participate in the distribution; If there is a loss after liquidation, regardless of how much the partners contribute, first repay the partnership common property. The partners assume the proportion of capital contribution.

Article 10 Settlement of Disputes

Any disputes between partners should be negotiated together and resolved in accordance with the principles conducive to the development of the partnership. If consultation fails, they can go to court.

Article 11 This contract shall enter into force and commence business from the day it is concluded and reported to the industry and commerce administration for approval.

Article 12 Any unfinished matters in this contract shall be supplemented or modified by the partners in a collective discussion. The supplements and amendments have the same effect as this contract.

Article 13 Other _______

Article 14 The original of this contract is _______ copies, each partner holds 1 copy, and _______ saves 1 copy each.

Partner: _______ (seal)

(slightly)

Partnership contract template 2

Party A:

Party B:

Based on the principles of equality, mutual benefit, and complementary advantages, the two parties have formed a long-term and comprehensive Internet strategic partnership to achieve resource sharing and common development, and establish a solid foundation for future cooperation on other projects. The following consensus:

(1) Rights and obligations

1. Both Party A and Party B recognize the other party as their strategic partner and identify the partner's banner logo link or text link in a prominent position on each other's Internet site.

2. Party A and Party B authorize the partner to republish the relevant information on the other party's website on their Internet sites, and this information will be referenced only after the two parties have agreed to negotiate (the specific cooperation project will be signed separately).

3 Party A and Party B shall quote "the information provided by XX (partner's website)" when reprinting the information of the partner in each other's Internet sites, and establish a link.

4 Party A and Party B must respect the copyright and ownership of the information of the partner's website. Without the consent of the partner, the other party must not compile any information on its site, and must not publish information from the partner's site in media other than its website, otherwise it constitutes infringement. The aggrieved party has the right to terminate the cooperation unilaterally and choose the method of requesting the other party to bear damages according to the circumstances.

(2) Mutual promotion

1. Party A and Party B should track and report on the partner's marketing plan and related marketing activities on each other's sites.

2. Within an appropriate period of time recognized by both parties, the two parties set up columns on each other's site to write and publicize topics related to the business behavior of each other (specific cooperation projects are signed separately)

3 Party A and Party B help and promote each other at the seminars on the Internet and various exhibitions in the financial and financial industries, and jointly promote the brands of both parties.

4 The two sides can further explore other ways of deep cooperation.

1. The cooperation mode between Party A and Party B is not exclusive. While the two parties are cooperating, they can cooperate with other corresponding partners.

2. This agreement is valid for one year, and the implementation period of the cooperation plan agreed upon in this agreement is from year to month.

3 If either party A or B terminates the agreement in advance, it must notify the other party one month in advance; if one party terminates the agreement without authorization, the other party will reserve the right to hold the breaching party liable for breach of contract.

4 This agreement is in duplicate, and each party holds one copy, which has the same legal effect.

5. This agreement is a cooperation framework agreement, and specific matters in the cooperation project need to be further clarified in the formal contract. The framework agreement and the formal cooperation contract constitute an inseparable whole and serve as legal documents for the cooperation between the two parties.

6. When this agreement expires, both parties shall give priority to renewing cooperation with the other party.

7. The cooperative relationship between the two parties is mutually beneficial, and all content and service provision are free.

person A person B:

Signature of Representative: Signature of Representative:

Date: YYYY Date: YYYY

Seal: