5 model contracts for Sino foreign joint ventures

2022-06-14
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Sino foreign joint venture contract (5) model text

reference form of industrial contract (sample V)

catalogue

1) general provisions

2) parties to the joint venture

3) establishment of a joint venture company

4) production and operation purposes Scope and scale

5) total investment and registered capital

6) parties to the joint venture

7) technology provision

8) product sales have good processability

9) board of directors

10) operation and management organization

11) purchase of equipment and materials

12) preparation and construction

13) labor management

14) taxation, finance Audit

15) duration of the joint venture

16) disposal of property at the expiration of the joint venture

17) insurance

18) modification, alteration and termination of the contract

19) breach of contract

20) site use fee

21) force majeure

22) applicable law

23) settlement of disputes

24) text

Chapter I General Provisions

××××、×××× And ×××× In accordance with the law of the people's Republic of China on Chinese foreign equity joint ventures and other relevant laws and regulations of China, based on the principle of equality and mutual benefit and through friendly consultation, it is agreed to establish a joint venture in the people's Republic of China ×× province × A contract is hereby concluded to jointly invest in and establish a joint venture

Chapter II Parties to the joint venture

Article 1 the parties to this contract are:

×××× (hereinafter referred to as Party A) in China ×× province ×× It is registered in Beijing and its legal address is in China ×××,:××, Legal representative:

Name: ××× Title: ×× Nationality: China

×××× (hereinafter referred to as Party B), in China ×× province ×× It is registered in Beijing and its legal address is in China ×××,:×× Legal representative:

Name: ××× Title: ××× Nationality: China

××××, stay ×××××× Registration, (hereinafter referred to as Party C) English: ××××

legal address: ×××××, english: ×××××

legal representative:

Name: ××× Title: ×× Nationality: ××

Chapter III Establishment of joint venture company

Article 2 in accordance with the law of the people's Republic of China on Chinese foreign equity joint ventures and other relevant regulations of China, Party A, Party B and Party C agree to ××× Joint venture“ ×××”。 (hereinafter referred to as the joint venture company)

Article 3 the name of the joint venture company is ×××××, Name in foreign language: ××××。

the legal address of the joint venture company is: ×××。

Article 4 all activities of the joint venture company must comply with the laws, decrees and relevant regulations of the people's Republic of China

Article 5 the organizational form of the joint venture company is limited company. Party A, Party B and Party C shall bear the debts of the joint venture company with their respective subscribed capital contributions, and share the profits, risks and losses according to the proportion of their respective capital contributions in the registered capital

Chapter IV purpose, scope and scale of production and operation Article 6 the purpose of the operation of the parties to the joint venture is: in line with the desire to strengthen economic cooperation and technical exchange, adopt advanced and applicable technology and scientific operation and management methods, improve product quality, develop new products, have the competitiveness in the international market in terms of quality and price, improve economic benefits and enable the investors to obtain satisfactory economic benefits

Article 7 the production and business scope of the joint venture company is:

production and sales ××× and ××× Briefcase, nylon case and hardware accessories, leather, shoes

Article 8 the production scale of the joint venture company is as follows:

1. The production capacity of the joint venture company after it is put into operation is: annual output ×× only ××× Briefcase

2. With the development of production and operation, the production scale can be increased and the product varieties will be developed to artificial leather and natural leather briefcases, leather, leather products and accessories, etc

Chapter V total investment and registered capital

Article 9 total investment of the joint venture company ×× Dollars

Article 10 the total amount of capital contribution of each party to the joint venture is ×× USD, which is the registered capital of the joint venture company, including:

Party A: ×× USD, accounting for ××%

Party B: ×× USD, accounting for ××%

Party C: ×× USD, accounting for ××%

Article 11 all parties to the joint venture shall make capital contributions in cash and US dollars

Article 12 the registered capital of the joint venture company shall be paid by Party A, Party B and Party C in a lump sum within three months after receiving the business license according to their proportion of capital contribution

Article 13 If any party of the joint venture transfers all or part of its capital contribution to the other parties, it shall obtain the consent of the other parties, report to the examination and approval authority for approval, and go through the change registration formalities with the original registration authority. The parties to the joint venture cannot reduce their capital contribution during the period of the joint venture, but can transfer all or part of their capital contribution: when one party transfers all or part of its capital contribution, it shall control each batch Even the vulcanization characteristics of rubber every hour require the assistance of Rotorless vulcanizer, and other joint venture parties have the right of first refusal

Chapter VI

of the parties to the joint venture Article 14 each party to the joint venture shall be responsible for completing the following matters:

× Party A: handle the application for approval from the relevant competent authorities of the state for the establishment of the joint venture company, the registration, the in-depth reform of the industrial ecology, the registration and the obtaining of the business license; Organize the design and construction of the plant and other engineering facilities of the joint venture company; Provide cash in accordance with the provisions of Article 11, be responsible for the ordering and import submission procedures of the equipment required by the joint venture company and the transportation in China, and assist the joint venture company in purchasing or renting equipment, materials, raw materials, office appliances, means of transportation, communication facilities, etc. in China; Assist the joint venture company in contacting and implementing water, electricity, transportation and other infrastructure; Assist the joint venture company in recruiting local Chinese operation and management personnel, technicians, workers and other personnel required

assist foreign staff in handling the required entry visas, work permits and travel procedures, and be responsible for handling other matters entrusted by the joint venture company

× Party:

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