中外合作经营合同格式(英文)
中外合作经营合同格式(英文)6篇
中外合作经营合同格式(英文)6篇篇1Sino-Foreign Cooperative Business ContractThis Sino-Foreign Cooperative Business Contract (hereinafter referred to as the "Contract") is made and executed on [Date] by and between [Chinese Company Name] (hereinafter referred to as "the Chinese Party"), and [Foreign Company Name] (hereinafter referred to as "the Foreign Party").Article 1: Contract ObjectiveThe objective of this Contract is to establish a cooperative business venture in the field of [specify business field] through the joint efforts of the Chinese Party and the Foreign Party.Article 2: Formation of the Cooperative Enterprise2.1 The cooperative enterprise shall be established under the name of "[Company Name]" (hereinafter referred to as "the Enterprise").2.2 The Enterprise shall be registered in accordance with the laws of [Country/Region], and its registered office shall be located at [Address].Article 3: Scope of BusinessThe scope of business of the Enterprise shall include [specify business activities].Article 4: Investment and Ownership4.1 The Chinese Party shall contribute [specify investment amount and form] as its investment.4.2 The Foreign Party shall contribute [specify investment amount and form] as its investment.4.3 Ownership structure and distribution of shares shall be in accordance with the laws of [Country/Region] and the decisions made by the Board of Directors.Article 5: Management5.1 The Board of Directors shall be the highest authority of the Enterprise, consisting of representatives from both parties.5.2 Day-to-day management shall be conducted by a management team appointed by the Board of Directors.Article 6: Operation and Management6.1 The Enterprise shall follow the principles of lawfulness, integrity, fairness, and transparency in its operation and management.6.2 Both parties shall jointly participate in major decisions related to the operation and development of the Enterprise.Article 7: Financial Affairs7.1 The financial affairs of the Enterprise shall be managed in accordance with the applicable laws and regulations.7.2 Both parties shall contribute capital in accordance with their respective shareholding ratios.7.3 Annual financial statements and audit reports shall be prepared and submitted to the Board of Directors for approval.Article 8: Joint Ventures and Collaborations8.1 Neither party shall enter into any joint ventures or collaborations without the consent of the other party, except in cases where such collaborations are necessary for the operation of the Enterprise.8.2 Any collaborations that may affect the interests of the Enterprise shall be subject to approval by the Board of Directors.Article 9: Intellectual Property9.1 All intellectual property rights generated during the operation of the Enterprise shall be owned by the Enterprise, unless otherwise agreed by both parties.9.2 Both parties shall respect and protect each other's intellectual property rights and confidential information.Article 10: Term and Termination10.1 The term of this Contract shall be [specify term].10.2 Either party may terminate this Contract in accordance with the provisions of Article [specify article number] if there is a material breach by the other party.Article 11: Miscellanea篇2Sino-Foreign Cooperative Business ContractThis Sino-Foreign Cooperative Business Contract (hereinafter referred to as the "Contract") is made and executed on [Date] by and between [Chinese Company Name] (hereinafter referred to as "the Chinese Party"), and [Foreign Company Name] (hereinafter referred to as "the Foreign Party").Article 1: Contract ObjectiveThe objective of this Contract is to establish a cooperative business venture in the field of [specify business field].Article 2: Capital Contribution2.1 The Chinese Party shall contribute [specify amount] of capital, while the Foreign Party shall contribute [specify amount].2.2 The capital contribution shall be made within [specify timeframe].Article 3: Management Structure3.1 The cooperative enterprise shall establish a board of directors consisting of representatives from both parties.3.2 The board shall be responsible for major decisions and monitoring the management team.Article 4: Operation and Management4.1 The cooperative enterprise shall be operated and managed in accordance with the principles of unity, cooperation, mutual benefit, and in compliance with laws and regulations of both China and the foreign country.4.2 The management team shall ensure smooth operation and ensure profits are distributed in accordance with the agreed ratio.Article 5: Profit Distribution5.1 Profits shall be distributed in accordance with the agreed ratio between the Chinese Party and the Foreign Party.5.2 Any losses incurred shall be shared by both parties in proportion to their respective capital contributions.Article 6: Term of Contract6.1 The term of this Contract shall be [specify duration] years, commencing on the date of establishment of the cooperative enterprise and ending on the expiration date.6.2 The Contract may be renewed upon mutual agreement.Article 7: Rights and Obligations of Parties7.1 The parties shall have the rights and obligations stipulated in this Contract in relation to the cooperative enterprise.7.2 Each party shall comply with its responsibilities regarding capital contribution, management, operation, and profit distribution.Article 8: Termination of Contract8.1 This Contract may be terminated by mutual agreement or in accordance with laws and regulations.8.2 In case of termination, all assets and liabilities shall be distributed/settled in accordance with the agreed terms.Article 9: Miscellanea9.1 All disputes arising from or in connection with this Contract shall be resolved through negotiation. If no settlement is reached, the dispute shall be submitted to [specify dispute resolution mechanism].9.2 This Contract shall be governed by the laws of [specify jurisdiction].9.3 Any amendments or modifications to this Contract shall be made in writing and signed by both parties.9.4 This Contract is made in both Chinese and English, both versions being equally authentic.The Chinese Party and the Foreign Party have read and fully understand the terms of this Contract and agree to be bound by its provisions. They hereby sign this Contract to witness their mutual commitment.篇3Sino-Foreign Cooperative Business ContractThis Sino-Foreign Cooperative Business Contract (hereinafter referred to as the "Contract") is made and executed on [Date] by and between [Chinese Company Name] (hereinafter referred to as "the Chinese Party"), and [Foreign Company Name] (hereinafter referred to as "the Foreign Party").Article 1: Contract ObjectiveThe objective of this Contract is to establish a cooperative business venture in the field of [specify field/industry] through the joint efforts of the Chinese Party and the Foreign Party.Article 2: Venture Name and LocationThe cooperative venture shall be named "[Cooperative Venture Name]" and its registered office shall be located at [Address].Article 3: Scope of BusinessThe scope of business shall include the following: [enumerate the business activities of the cooperative venture].Article 4: Investment and Ownership1. The Chinese Party shall contribute [specify investment amount] as its investment, while the Foreign Party shall contribute [specify investment amount].2. The ownership structure and distribution of profits or losses shall be in accordance with the proportion of investments.Article 5: Management Structure1. The cooperative venture shall establish a board of directors composed of representatives from both parties.2. The board shall have overall responsibility for the management of the venture.3. The day-to-day operations shall be managed by a management team nominated by the board.Article 6: Operation TermThe term of this Contract shall be [specify duration] years, commencing on the date of establishment of the cooperative venture and expiring on the expiration date.Article 7: Capital Contribution1. Each party shall contribute its capital in accordance with the agreed schedule.2. Any additional capital required for the operation or expansion of the venture shall be jointly contributed by both parties in proportion to their ownership.Article 8: Management of Joint VenturesBoth parties shall work together to manage the venture, make major decisions, and ensure smooth operation.Article 9: Accounting and Audit1. The venture shall maintain proper accounting records in accordance with applicable laws and regulations.2. Annual audits shall be conducted by an independent auditor appointed by mutual agreement.Article 10: Intellectual PropertyAll intellectual property developed during the operation of the venture shall be owned jointly by both parties in proportion to their ownership interests.Article 11: Contract Amendment and TerminationAny amendment or termination of this Contract must be agreed upon by both parties in writing.Article 12: Force MajeureIf any event of force majeure occurs, the affected party shall notify the other party immediately and both parties shall work together to resolve any issues arising from such event.Article 13: Dispute ResolutionAny dispute arising from or in connection with this Contract shall be resolved through friendly consultation. If no settlement can be reached, the dispute may be submitted to [specify dispute resolution mechanism/仲裁机构].Article 14: MiscellaneousThis Contract constitutes the entire agreement between the parties and no modification or alteration shall be valid unless made in writing and signed by both parties.IN WITNESS WHEREOF, the parties have executed this Contract on the date specified above.篇4Sino-Foreign Cooperative Business ContractThis Sino-Foreign Cooperative Business Contract (hereinafter referred to as the "Contract") is made and executed on [Date] by and between [Chinese Company Name] (hereinafterreferred to as "the Chinese Party"), and [Foreign Company Name] (hereinafter referred to as "the Foreign Party").Article 1: Contract ObjectiveThe objective of this Contract is to establish a cooperative business venture in the field of [specify business field] through the joint efforts of the Chinese Party and the Foreign Party.Article 2: Cooperative VentureThe cooperative venture shall be named [Name of Cooperative Venture] and registered in [Location of Registration].Article 3: Investment and Ownership1. The Chinese Party shall contribute [specify investment amount] as initial capital, while the Foreign Party shall contribute [specify investment amount].2. Ownership structure and distribution of profits shall be in accordance with the investment ratio.Article 4: Scope of BusinessThe scope of business shall include [specify business activities]. The parties may expand or adjust the scope of business with mutual consent.Article 5: Management Structure1. The cooperative venture shall establish a board of directors consisting of representatives from both parties.2. The board shall determine the major policies and plans of the venture.Article 6: Operation and Management1. Day-to-day operation and management shall be entrusted to a management team nominated by the board of directors.2. Both parties shall appoint personnel to key positions within the management team.Article 7: Financial Arrangements1. The financial year of the cooperative venture shall be from [Start Date] to [End Date].2. Each party shall bear their respective expenses incurred in connection with the venture.3. The venture shall prepare annual financial statements and submit them to both parties for review.Article 8: Profit DistributionProfits shall be distributed in accordance with the ownership ratio, after deducting necessary expenses and reserves.Article 9: Term of ContractThe term of this Contract shall be [specify duration], with an option for renewal upon mutual agreement.Article 10: TerminationThis Contract may be terminated under the following circumstances: [list termination conditions].Article 11: Intellectual PropertyAll intellectual property developed during the course of this venture shall be owned by the venture, unless otherwise agreed by both parties.Article 12: ConfidentialityBoth parties shall maintain confidentiality regarding all confidential information related to the venture.Article 13: Force MajeureIf either party is unable to perform its obligations due to force majeure, the other party shall be notified in a timely manner.Article 14: Dispute ResolutionAny disputes arising from this Contract shall be resolved through friendly negotiation. If negotiation fails, the dispute shall be submitted to [specify arbitration institution] for arbitration.Article 15: Miscellaneous篇5Sino-Foreign Cooperative Operation ContractContract No. [••••••••]This Sino-Foreign Cooperative Operation Contract (hereinafter referred to as the "Contract") is made by and between [the中方全称], a legal entity registered in China (hereinafter referred to as "Party A"), and [外方全称], a legal entity duly organized under the laws of [外方所在国名称] (hereinafter referred to as "Party B"), wherein the following terms and conditions are agreed upon:Article 1: Contract ObjectiveThe objective of this Contract is to establish a cooperative enterprise through joint operation by Party A and Party B, for the purpose of [合作目的及合作业务范围].Article 2: Term of ContractThe term of this Contract shall be from the date of signing this Contract to [合同到期日期]. The Contract shall be automatically renewed unless either Party gives a written notice of termination at least [提前通知时长] months prior to the expiration date.Article 3: Investment and Capital Contribution1. Party A shall contribute [金额] in cash, while Party B shall contribute [金额] in cash or kind, including technology, equipment, patents, etc. The details of capital contributions shall be specified in the supplementary agreement.2. The investment shall be made within [指定时间] upon the signing of this Contract.Article 4: Operation Management1. The cooperative enterprise shall be managed by a board of directors consisting of representatives from both Parties. The board shall have the power to make major decisions on matters pertaining to the enterprise.2. The day-to-day management shall be entrusted to a general manager appointed by Party A with the approval of Party B.Article 5: Profit Distribution and Risk Sharing1. Profits earned during the operation shall be distributed in accordance with the investment ratio of both Parties. However, any distribution plan requires approval by both Parties before implementation.2. Risks incurred during operation shall be borne by both Parties in proportion to their respective contributions to the capital.Article 6: Technical Matters1. Party B shall provide necessary technical support and training to ensure smooth operation of the enterprise.2. Technical improvements and new technology developed during the operation shall be owned by both Parties jointly in proportion to their contributions to the development process.Article 7: TaxationThe cooperative enterprise shall pay taxes in accordance with the tax laws of China and other relevant regulations. The taxrate and payment method shall be specified in the supplementary agreement.Article 8: Contract TerminationIn case of any termination of this Contract due to reasons beyond the control of either Party, such as force majeure events, the assets and debts of the cooperative enterprise shall be distributed in accordance with Article 5 of this Contract.Article 9: Miscellaneous1. Any amendment or modification to this Contract must be approved by both Parties in writing.2. This Contract shall be governed by and construed in accordance with the laws of China. Any dispute arising out of or in connection with this Contract shall be settled through friendly negotiation between both Parties. If negotiation fails, such disputes shall be submitted to [指定仲裁机构] for arbitration.3. This Contract is made in both Chinese and English languages, with equal validity in both languages. In case of any discrepancies, the Chinese version shall prevail.4. This Contract becomes effective upon being signed and sealed by both Parties and shall be registered with relevant authorities within China.The parties hereby agree to all terms and conditions stated above.Party A: [中方签字盖章]Date: [日期]Signature: [签名] (Stamp) [盖章]Party B: [外方签字盖章]Date: [日期]篇6Sino-Foreign Cooperative Business ContractThis Sino-Foreign Cooperative Business Contract (hereinafter referred to as the "Contract") is made and executed on [Date] by and between [Chinese Company Name] (hereinafter referred to as "the Chinese Party"), and [Foreign Company Name] (hereinafter referred to as "the Foreign Party").Article 1: Contract ObjectiveThe objective of this Contract is to establish a cooperative business venture in the field of [specify business field or industry] through the joint efforts of the Chinese Party and the Foreign Party.Article 2: Scope of Cooperation1. The parties shall cooperate in the areas of [list specific areas of cooperation, such as product development, marketing, technology transfer, etc.].2. The cooperative enterprise shall be established in [location].Article 3: Investment and Ownership1. The Chinese Party shall contribute [specify investment amount and form] as its investment.2. The Foreign Party shall contribute [specify investment amount and form] as its investment.3. Ownership structure and distribution of profits shall be in accordance with the laws of [specify country/region].Article 4: Management Structure1. The cooperative enterprise shall establish a board of directors consisting of representatives from both parties.2. The board shall have overall responsibility for the management of the enterprise.3. Day-to-day operations shall be managed by a management team appointed by the board.Article 5: Operation and Management1. The cooperative enterprise shall be operated in accordance with the laws and regulations of [specifycountry/region].2. Both parties shall work together to ensure smooth operation and development of the enterprise.3. Management decisions shall be made through consultation and mutual agreement.Article 6: Profit Distribution and Risk Sharing1. Profits shall be distributed in accordance with the agreed ownership structure.2. Risks shall be shared in proportion to the investments made by both parties.Article 7: Technology Transfer and Intellectual Property1. The Foreign Party may transfer necessary technology to the cooperative enterprise.2. All intellectual property rights arising from the cooperation shall be owned by the cooperative enterprise unless otherwise agreed.Article 8: Contract Duration and Termination1. This Contract shall be valid for a period of [specify duration].2. Either party may propose termination of the Contract with cause after due consultation.3. Upon termination, assets and liabilities shall be distributed in accordance with the laws and this Contract.Article 9: Force MajeureIn case of force majeure events, both parties shall strive to resolve the issues and continue cooperation through consultation.Article 10: Miscellanea1. Any amendments to this Contract must be agreed upon by both parties in writing.2. This Contract shall be governed by the laws of [specify country/region].3. Any disputes arising from this Contract shall be resolved through friendly consultation between both parties. If no settlement can be reached, the dispute may be submitted to [specify arbitration institution or court] for resolution.。
中外合作经营合同格式(英文)4篇
中外合作经营合同格式(英文)4篇篇1Sino-Foreign Joint Venture ContractThis Agreement is made on [date], between [Party A], a corporation organized and existing under the laws of [Country A], having its principal place of business at [address], and [Party B], a corporation organized and existing under the laws of the People's Republic of China, having its principal place of business at [address].Whereas, the Parties intend to establish a joint venture in [Country B] for the purpose of [brief description of the joint venture business];Now therefore, the Parties agree as follows:1. Formation of Joint Venture: The Parties shall establish a joint venture company under the laws of [Country B] for the purpose of conducting the business of [description of business activities].2. Shareholding: The shareholding structure of the joint venture company shall be [specific percentage] owned by Party A and [specific percentage] owned by Party B.3. Management: The management of the joint venture company shall be conducted by a Board of Directors consisting of [number] members, with Party A appointing [number] members and Party B appointing [number] members.4. Capital Contribution: Party A shall contribute [amount] as its initial capital contribution, and Party B shall contribute [amount] as its initial capital contribution. The capital contribution shall be made within [timeframe] of the establishment of the joint venture company.5. Profit Distribution: Profits and losses of the joint venture shall be distributed in proportion to each Party's shareholding in the joint venture company.6. Term: The term of the joint venture shall be [specific number] years, unless terminated earlier pursuant to the terms of this Agreement.7. Termination: This Agreement may be terminated by mutual agreement of the Parties or in accordance with the termination provisions set forth in this Agreement.8. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Country B].9. Dispute Resolution: Any dispute arising out of or in connection with this Agreement shall be resolved through mediation, and if not resolved, through arbitration in accordance with the rules of the [specify arbitration institution].IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.[Party A]By: _______________________Name: _______________________Title: _______________________[Party B]By: _______________________Name: _______________________Title: _______________________This Sino-Foreign Joint Venture Contract is entered into as of the date first above written by the Parties in duplicate, each Party retaining one copy.[Signature page follows]篇2Joint Venture AgreementThis Joint Venture Agreement (the “Agreement”) is made on this [insert date] between [insert name of the Chinese party], a company organized and existing under the laws of the People’s Republic of China, having its principal place of business at [insert address], and [insert name of the foreign party], a company organized and existing under the laws of [insert foreign country], having its principal place of business at [insert address] (together, the “Parties”).WHEREAS, the Parties desire to jointly establish a joint venture (the “Joint Venture”) to engage in the business of [insert business purpose];NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:1. Establishment of Joint Venture: The Parties shall establish the Joint Venture in accordance with the laws of the People’s Republic of China. The business name of the Joint Venture shallbe [insert business name] and it shall have its registered office at [insert address].2. Contribution of Capital: Each Party shall contribute to the Joint Venture an amount of capital as set forth in Schedule A hereto. The Parties shall make their respective contributions on or before [insert date].3. Management: The management and operation of the Joint Venture shall be conducted by a Board of Directors composed of [insert number] directors, with each Party nominating an equal number of directors. The Board of Directors shall make decisions by unanimous consent.4. Profits and Losses: Profits and losses of the Joint Venture shall be shared by the Parties in proportion to their respective capital contributions.5. Term: The term of this Agreement shall be [insert number] years from the date of establishment of the Joint Venture, unless terminated earlier as provided herein.6. Termination: This Agreement may be terminated upon the occurrence of any of the following events: (a) by mutual agreement of the Parties; (b) by a decision of the Board ofDirectors with unanimous consent; (c) by operation of law; or (d) by court order.7. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China.IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written.[Name of Chinese Party] [Name of Foreign Party]By:____________________ By:____________________Title:__________________ Title:__________________Schedule ACapital Contributions[Insert capital contributions of each Party]This Joint Venture Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter. This Agreement may be modified or amended only by a written instrument executed by both Parties.篇3Joint Venture Agreement TemplateThis Joint Venture Agreement (“Agreement”) is entered into on [Date], by and between [Company Name], a [Country] company having its principal place of business at [Address] (“Company A”), and [Company Name], a [Country] company having its principal place of business at [Address] (“Company B”).Whereas, the parties hereto desire to enter into a joint venture arrangement for the purpose of [Purpose of Joint Venture], and wish to set forth the terms and conditions by which the Joint Venture shall be conducted;Now, therefore, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows:1. Formation of Joint Venture: The parties agree to establisha joint venture entity under the name [Joint Venture Company] for the purpose of [Purpose of Joint Venture].2. Capital Contribution: Each party shall contribute [Amount or Percentage] of the initial capital required for the establishment of the joint venture in the form of cash or assets.3. Management: The management of the joint venture shall be conducted by a Board of Directors comprised of [Number] members, with each party appointing [Number] representatives to the Board.4. Distribution of Profits and Losses: Profits and losses of the joint venture shall be distributed in accordance with the capital contributions of each party, unless otherwise agreed upon in writing.5. Intellectual Property: Any intellectual property created or developed by the joint venture shall be jointly owned by the parties in accordance with their respective contributions.6. Confidentiality: The parties agree to keep confidential all information related to the joint venture and not to disclose such information to third parties without the prior written consent of the other party.7. Term and Termination: The joint venture shall commence on the date of this Agreement and shall continue for a period of[Term] unless terminated earlier by mutual agreement of the parties.8. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Country].In witness whereof, the parties hereto have executed this Agreement as of the date and year first above written.[Company A] [Company B]By: By:[Name] [Name][Title] [Title]This Joint Venture Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, relating thereto.IN WITNESS WHEREOF, the parties hereto have executed this Joint Venture Agreement as of the date first above written.[Company A] [Company B]By: By:[Name] [Name][Title] [Title]篇4Sino-foreign Cooperative Management Contract1. PurposeThis Sino-foreign Cooperative Management Contract is entered into by and between [Chinese Company Name], hereinafter referred to as "Chinese Company", and [Foreign Company Name], hereinafter referred to as "Foreign Company", with the aim of establishing a cooperative management relationship for mutual benefit and development.2. Scope of Cooperation2.1 The Chinese Company and Foreign Company agree to cooperate in the field of [Specify the field of cooperation], including but not limited to production, marketing, technology exchange, and management.2.2 The specific rights and obligations of each party shall be detailed in a separate Cooperation Agreement.3. Term of ContractThis Contract shall be valid for a period of [Specify the duration] years, commencing on [Commencement Date] and terminating on [Termination Date].4. Obligations of the Parties4.1 The Chinese Company shall provide necessary facilities and resources for the cooperation, including but not limited to production equipment, personnel, and management support.4.2 The Foreign Company shall provide technical expertise, marketing knowledge, and financial support as necessary for the successful implementation of the cooperation.4.3 Both parties agree to abide by the laws and regulations of the countries in which they operate and to act in good faith towards each other.5. Management Structure5.1 The Chinese Company shall appoint a Management Committee to oversee the cooperation, which shall consist of representatives from both parties.5.2 The Management Committee shall meet regularly to discuss and resolve any issues that arise during the course of the cooperation.6. Intellectual Property Rights6.1 All intellectual property created during the course of the cooperation shall be jointly owned by both parties, unless otherwise agreed upon in writing.6.2 Any disputes concerning intellectual property rights shall be resolved through negotiation between the parties.7. Termination of Contract7.1 This Contract may be terminated by mutual agreement of the parties or in the event of a material breach by either party.7.2 Termination shall not affect the rights and obligations of the parties accrued prior to termination.In witness whereof, the parties hereto have caused this Contract to be executed by their duly authorized representatives.Chinese Company: ______________________Foreign Company: ______________________Date: ____________。
中外合作经营合同格式(英文)6篇
中外合作经营合同格式(英文)6篇篇1中外合作经营合同格式Foreign Joint Venture ContractThis Foreign Joint Venture Contract (“Contract”) is made and entered into as of [Date], by and between [Chinese Partner] with its principal place of business at [Address], China, and [Foreign Partner] with its principal place of business at [Address], [Country].WHEREAS, the Parties desire to establish a joint venture in China for the purpose of [Purpose of Joint Venture];WHEREAS, the Parties have agreed to cooperate in the establishment and operation of the joint venture in accordance with Chinese laws and regulations;NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and intending to be legally bound, the Parties agree as follows:1. Formation of Joint Venture1.1 The Parties agree to establish a joint venture company under the name of [Joint Venture Company] (“Company”), in accordance with Chinese laws and regulations.1.2 The registered address of the Company shall be at [Address].1.3 The Parties shall each contribute [Amount] to the registered capital of the Company in cash or in kind in proportion to their respective equity interests in the Company.1.4 The Parties shall hold equity interests in the Company in the following proportions: [Chinese Partner] [Percentage]% and [Foreign Partner] [Percentage]%.1.5 The Parties shall appoint [Number] of directors to the Board of Directors of the Company, with [Chinese Partner] appointing [Number] directors and [Foreign Partner] appointing [Number] directors.2. Management of Joint Venture2.1 The Parties shall establish a Management Committee to oversee the day-to-day operations of the Company, with [Chinese Partner] appointing [Number] members and [Foreign Partner] appointing [Number] members to the Management Committee.2.2 The Management Committee shall make decisions on matters relating to the operation and management of the Company in accordance with the laws of China and the Articles of Association of the Company.2.3 The Management Committee shall meet at least [Frequency] and decisions shall be made by a majority vote of the members present.3. Financial Arrangements3.1 The Parties shall establish a bank account in the name of the Company for the deposit and withdrawal of funds.3.2 The Parties shall be responsible for the allocation of profits and losses of the Company in proportion to their respective equity interests.3.3 The Company shall keep accurate and complete financial records in accordance with Chinese accounting standards and shall prepare and submit annual financial statements to the relevant authorities.4. Term and Termination4.1 This Contract shall commence on the date of registration of the Company and shall continue in effect unless terminated bymutual agreement of the Parties or in accordance with Chinese laws and regulations.4.2 In the event of termination of this Contract, the Parties shall cooperate in the liquidation of the Company and the distribution of assets in accordance with Chinese laws and regulations.IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of the date first above written.[Chinese Partner] [Foreign Partner][Signature] [Signature][Name] [Name][Title] [Title]【注】本合同是一个很基础的中外合资合作的格式合同,实际情况中需要根据具体的事实来进行修改定制。
中外合作经营合同格式(中英文)4篇
中外合作经营合同格式(中英文)4篇篇1Sino-Foreign Joint Venture Contract Template (Chinese and English)Article 1: PurposeThe purpose of this agreement is to establish a joint venture (JV) between a Chinese company and a foreign company for the purpose of cooperation in a specific industry or project.第一条:目的本协议的目的是为了在特定行业或项目中建立中外合作经营合资企业(JV)。
Article 2: Establishment of the Joint Venture1. The Chinese company and the foreign company each agree to invest a certain amount of funds or assets to establish the JV.2. The JV will be registered in accordance with Chinese laws and regulations.第二条:合资企业的建立1. 中方公司和外方公司各自同意投资一定数额的资金或资产成立JV。
2. JV将根据中国法律法规注册设立。
Article 3: Management Structure1. The JV will have a board of directors consisting of representatives from both the Chinese and foreign companies.2. The management of the JV will be jointly appointed by both parties.3. Decisions regarding major matters of the JV will require the consent of both parties.第三条:管理结构1. JV将设立由中外两家公司代表组成的董事会。
中外合作经营合同格式(英文)5篇
中外合作经营合同格式(英文)5篇篇1COOPERATION AND MANAGEMENT CONTRACTThis Cooperation and Management Contract (hereinafter referred to as the "Contract") is made and entered into by and between the parties listed below on [insert date]:Party A: [Name of Company A in English]Party B: [Name of Company B in English]PREAMBLEIn accordance with the principles of mutual respect, equality, mutual benefit and cooperation, the parties agree to jointly embark on this cooperative venture in accordance with the terms and conditions stipulated in this Contract.ARTICLE 1: SCOPE OF COOPERATIONThe parties agree to jointly carry out business operations in the field of [specify business field or industry].ARTICLE 2: REGISTERED CAPITAL AND SHAREHOLDING STRUCTUREThe total registered capital of the joint venture shall be an amount of ____. Party A shall contribute ___% while Party B shall contribute ___% of the total registered capital. The specific details shall be recorded in the joint venture company's Articles of Association.ARTICLE 3: BUSINESS OPERATIONS AND MANAGEMENTThe joint venture shall be managed according to the principles of economic democracy with the director-general in charge of daily operations and major decisions to be made by both parties.ARTICLE 4: PROFITS DISTRIBUTION AND RISK SHARINGProfits shall be distributed and risks shared based on the parties' respective shareholding structure. Details of profits distribution and risk sharing mechanisms shall be clearly stated in the company's financial regulations.ARTICLE 5: CONTRACT PERIOD AND TERMINATIONThe contract shall be valid for a period of __ years from the date of signing. Both parties may terminate the contract before its expiry if there is mutual consent or if any material breachoccurs by either party. Contract termination procedures shall be clearly defined in the contract.ARTICLE 6: INTELLECTUAL PROPERTYAll intellectual property rights arising from the joint venture's operations shall be owned by the joint venture company unless otherwise agreed by both parties. The parties shall also ensure that any technology, know-how or other intellectual property rights used in the joint venture are properly licensed or transferred.ARTICLE 7: CONFIDENTIALITY AND NON-COMPETITIONBoth parties shall maintain confidentiality of all confidential information related to the joint venture and shall not engage in any activities that are in competition with the joint venture during the term of this contract and for a reasonable period after its termination.ARTICLE 8: FORCE MAJEUREIn case of any event of force majeure resulting in inability to perform contractual obligations, the affected party shall promptly notify the other party and shall take reasonable measures to mitigate its effects. The period for performance of contractual obligations shall be extended accordingly.ARTICLE 9: DISPUTE RESOLUTIONAny dispute arising from or in connection with this Contract shall be settled through friendly consultation between both parties. If no settlement can be reached, such disputes may be submitted to [specify arbitration institution or court] for arbitration/settlement according to their rules. The arbitration/settlement award shall be final and binding on both parties.篇2Sino-Foreign Cooperative Operation ContractContract No. [填写合同编号]Date of Contract: [填写签订日期]BETWEEN:[中方公司/个人名称](Party A)and[外方公司/个人名称](Party B)1. RECITALS:Considering mutual advantages and through friendly consultation, Party A and Party B agree to jointly establish a cooperative business venture in the field of [描述合作领域].2. CONTRACT OBJECTIVE:To establish a cooperative business operation in the field of [具体业务或产品], for mutual benefits and development.3. TERM OF CONTRACT:The term of this Contract shall be [起始日期] to [终止日期], unless otherwise agreed upon by both parties.4. SCOPE OF COOPERATION:- [具体合作内容或业务范围](详细说明双方合作的业务内容和具体项目).- Expected profits and losses shall be shared by both parties in accordance with the agreed ratio.5. INVESTMENT AND OWNERSHIP:- Party A shall contribute [投资金额] in the form of [投资形式](如现金、设备、技术等).- Party B shall contribute [投资金额] in the form of [投资形式](如现金、技术、品牌等).- The ownership structure and management rights shall be clearly defined and agreed upon by both parties.6. MANAGEMENT AND OPERATION:- The cooperative enterprise shall be managed by a joint management committee consisting of representatives from both parties.- Decision making on major matters such as strategic planning, capital allocation, and personnel appointments shall require the approval of both parties.7. PROFIT DISTRIBUTION AND RISK SHARING:- Profits shall be distributed in accordance with the agreed ratio between Party A and Party B.- In case of losses, both parties shall share the risks in accordance with their respective investments.8. CONTRACT AMENDMENT AND TERMINATION:- Any amendment to this Contract must be approved by both parties in writing.- This Contract may be terminated upon mutual agreement or in case of breach by either party.9. INTELLECTUAL PROPERTY:- All intellectual property rights arising from the cooperative projects shall be owned by both parties jointly, unless otherwise agreed.10. GOVERNING LAW AND ARBITRATION:- This Contract shall be governed by the laws of [相关国家/地区].- Any dispute arising from this Contract shall be settled through friendly negotiation or arbitration in accordance with the laws specified above.11. MISCELLANEOUS:- Both parties shall strictly observe the confidentiality of this Contract and its contents.- This Contract is made in both Chinese and English, with equal validity. The Chinese version shall prevail in case of any discrepancies between the two versions.IN WITNESS WHEREOF, Party A and Party B have signed this Contract with their respective authorized representatives on the date specified above._____________________________ (Authorized Representative of Party A)(签字)_____________________________ (Date)_____________________________ (Authorized Representative of Party B)(签字)(Date)注:本合同仅为样本,实际合同应根据具体情况进行调整和完善。
中外合作经营合同-(Joint-Venture-Agreement)
中外合作经营合同第一章总那么中国________公司和________国〔或地区〕________公司,根据中华人民国有关法律、法规的规定,本着平等互利的原那么,通过友好协商,同意在中华人民国________省________市,共同举办合作经营企业,特订立本合同。
第二章合作各方第一条本合同的各方为:中国________公司〔以下简称甲方〕,在中国________省________市登记注册,其法定地址在________省_________市________区________路_________号。
法定代表:________职务________国籍_______。
________国〔或地区〕________公司〔以下简称乙方〕在________国〔或地区〕登记注册,其法定地址在________。
法定代表:________职务________国籍________。
〔注:假设有两个以上合作者,依次称丙、丁......方〕第三章成立合作经营公司第二条甲、乙方根据中华人民国有关法律、法规的有关规定,同意在________省________市建立合作经营的________〔以下简称合作公司〕。
外文名称为________。
第三条合作公司为。
合作公司的法定地址为________省________市________区________路________号。
第四条合作公司的一切活动必须遵守中华人民国有关法律、法令和条例。
第五条合作公司是由甲方提供土地使用权、资源开发权、建筑物等合作条件;乙方提供资金、设备、技术等合作条件。
各方不折算投资比例,按各自向公司提供的合作条件,确定利润分享方法,并各自承当风险。
合作公司实行统一管理,独立经营,统一核算。
合作期限届满,公司的财产不作价归甲方所有。
〔注:应根据双方的约定具体写明〕第四章生产经营目的、围和规模第六条甲、乙方合作经营的目的是:本着加强经济合作和技术交流的愿望,采用先进而适用的技术和科学的经营管理方法,提高产品质量,开展新产品,并在质量、价格等方面具有国际市场的竞争能力,提高经济效益,使合作各方获得满意的经济利益。
有关中外合作经营合同范本格式(英文)7篇
有关中外合作经营合同范本格式(英文)7篇篇1Sino-Foreign Cooperative Management ContractPreamble:Considering the desire of both parties to engage in cooperative business activities in the field of [specify business field], and with mutual respect for each party's strengths and capabilities, they hereby establish this contract to set forth their cooperative terms and conditions.Article 1: Contract ObjectiveThe objective of this Contract is to establish a Sino-Foreign cooperative management enterprise to carry out business activities in the field of [specify business field].Article 2: Cooperation TermThe term of this cooperation shall be [specify duration]. Upon expiration of the term, the cooperation shall beautomatically terminated unless otherwise agreed by both parties.Article 3: Investment and Capital Contribution3.1 The Chinese Party shall contribute [specify amount] as capital contribution, which shall be valued in the capital structure of the enterprise accordingly.3.2 The Foreign Party shall contribute [specify amount] as cash, technology, or other forms of capital contribution, which shall be valued in the capital structure of the enterprise accordingly.Article 4: Management StructureThe enterprise shall establish a board of directors composed of representatives from both parties. The board shall be responsible for making major decisions and overseeing the management of the enterprise.Article 5: Operation and ManagementThe enterprise shall be operated and managed in accordance with the laws and regulations of the People's Republic of China. The daily management shall be carried out by a professional management team appointed by both parties.Article 6: Profit Distribution and Risk Sharing6.1 Profits earned by the enterprise shall be distributed according to the ratio of capital contribution by both parties.6.2 Risks associated with the operation of the enterprise shall be shared by both parties in proportion to their respective capital contributions.Article 7: Intellectual Property RightsAll intellectual property rights arising from the cooperative projects shall be owned by the enterprise or as otherwise agreed by both parties.Article 8: Contract Modification and TerminationAny modification or termination of this Contract must be agreed upon by both parties in writing. Upon termination, all assets and liabilities of the enterprise shall be disposed in accordance with laws and regulations.Article 9: Miscellanea9.1 Both parties shall comply with all applicable laws and regulations of China in connection with their activities under this Contract.篇2Sino-Foreign Cooperative Business Contract TemplateThis Contract is made by and between:[Chinese Party Name] and [Foreign Party Name]In accordance with the laws of the People's Republic of China on Sino-Foreign Cooperative Enterprises, both parties, through friendly negotiation, agree to jointly establish a cooperative business enterprise under the terms and conditions stipulated below:Article 1: ObjectiveThe objective of this contract is to establish a long-term cooperative business relationship between the parties to engage in the production and sale of [specify business activity] in order to achieve mutual benefits and progress.Article 2: Name and Location of EnterpriseThe name of the cooperative enterprise shall be [Name of Cooperative Enterprise]. The enterprise shall be located at [Address].Article 3: Scope of BusinessThe cooperative enterprise shall primarily engage in [describe the scope of business activities]. The enterprise may also engage in other production and business activities that are related to its main scope and approved by the审批机关.Article 4: Investment1. The Chinese Party shall contribute land, buildings, and other fixed assets as capital. The foreign party shall contribute cash, machinery, equipment, industrial property rights, and other assets as capital.2. The total investment of the enterprise shall be [specify amount] with the Chinese Party contributing [specify percentage]% and the foreign party contributing [specify percentage]%.3. The parties shall make contributions within [specify timeline] from the date of approval of this contract.Article 5: Management Structure1. The board of directors shall be the highestdecision-making body of the enterprise. It shall be comprised of [number] directors, with [specify the breakdown of directors from each party].2. The board shall appoint a general manager who shall be responsible for the daily management of the enterprise.3. The board may adopt measures to improve efficiency and profitability as per enterprise needs.Article 6: Operation and ManagementThe enterprise shall operate in accordance with laws and regulations of China and this contract. Both parties shall provide necessary technical support and management expertise to ensure smooth operation.Article 7: Profit DistributionAfter-tax profits shall be distributed as follows: [specify profit distribution arrangement between parties]. Any reinvestment in the enterprise shall be agreed upon by both parties.Article 8: Risk SharingBoth parties shall share risks in accordance with their respective contributions to capital. In case of losses, they shall bear losses in proportion to their respective shares in the capital.Article 9: Contract Duration and Termination1. This contract shall be valid for a period of [specify duration]. Upon expiration, it may be renewed upon mutual agreement.2. The contract may be terminated early under certain circumstances specified in this contract or by mutual consent.Article 10: Dispute ResolutionAny disputes arising from or in connection with this contract shall be resolved through friendly negotiation. If negotiation fails, either party may submit the dispute to [specify dispute resolution mechanism, such as arbitration or litigation].Article 11: Others1. This contract shall be made in both Chinese and [foreign language] versions, with equal validity.2. Any amendments or supplements to this contract must be approved by both parties in writing.3. This contract shall be subject to the laws of the People's Republic of China.4. This contract becomes effective upon approval by the relevant authorities and signing by both parties.In witness thereof, the representatives of both parties have signed this contract below:篇3Sino-Foreign Cooperative Joint Venture ContractThis Sino-Foreign Cooperative Joint Venture Contract (hereinafter referred to as the "Contract") is made and executed on [Date] by and between [Chinese Party Name] (hereinafter referred to as "Party A") and [Foreign Party Name] (hereinafter referred to as "Party B").Article 1: Contract ObjectiveArticle 2: Formation of the EnterpriseThe Enterprise shall be established under the principles of equality and mutual benefit, in accordance with the laws and regulations of the People's Republic of China.Article 3: Registered CapitalThe registered capital of the Enterprise is [specify amount in a suitable currency format]. Party A and Party B shall contribute their respective shares of capital according to the following schedule:[Detailed Schedule of Capital Contribution]Article 4: Scope of BusinessThe scope of business of the Enterprise includes [specify business activities]. The Enterprise shall conduct its business activities within the scope authorized by the relevant authorities.Article 5: Management StructureThe Enterprise shall establish a board of directors consisting of representatives from both Party A and Party B. The board shall be responsible for major decisions and oversight of the management team.Article 6: Technical CooperationParty B shall provide technical support and expertise to the Enterprise. Both parties shall work together to improve technological levels, research and develop new products, and enhance efficiency.Article 7: Operation and ManagementThe operation and management of the Enterprise shall be conducted in accordance with sound management practices, ensuring transparency and fairness in decision-making. Bothparties shall work together to achieve the best interests of the Enterprise.Article 8: Financial AffairsThe financial affairs of the Enterprise shall be managed separately from those of Party A and Party B. All financial statements and audits shall be conducted in accordance with Chinese laws and regulations.Article 9: Risk Management and LiabilityBoth parties shall bear their respective risks in operating the Enterprise. In case of any losses incurred by the Enterprise, Party A and Party B shall bear their respective liabilities according to their shareholding ratio.Article 10: Contract Duration and TerminationThis Contract shall be valid for a period of [specify duration]. Upon expiration, it may be renewed upon mutual agreement. The Contract may be terminated under certain circumstances specified in Article [specify number].Article 11: Dispute ResolutionAny disputes arising from or in connection with this Contract shall be resolved through friendly negotiations between bothparties. If no settlement can be reached, the dispute shall be submitted to [specify arbitration institution or court] for arbitration/settlement in accordance with its rules.Article 12:Miscellaneous(a) This Contract shall be binding on both parties and shall be implemented in good faith.(b) Any amendments or modifications to this Contract must be agreed upon by both parties in writing.(c) This Contract is made in both Chinese and English, with equal validity. In case of any discrepancies, the Chinese version shall prevail.(d) Any provisions not covered in this Contract shall be governed by the laws and regulations of the People's Republic of China.(e) This Contract is effective as of the date of signing by both parties.篇4Sino-Foreign Cooperative Joint Venture ContractThis Sino-Foreign Cooperative Joint Venture Contract (hereinafter referred to as the "Contract") is made and executed on [Date] by and between [Chinese Party Name] (hereinafter referred to as "Party A") and [Foreign Party Name] (hereinafter referred to as "Party B").Article 1: Contract ObjectiveThe objective of this Contract is to establish a Sino-Foreign cooperative joint venture enterprise, which will be engaged in the business of [specify business activities].Article 2: Establishment of the Joint Venture1. The joint venture shall be established under the name of "[Joint Venture Name]").2. The registered office of the joint venture shall be located at [Address].Article 3: Investment and Ownership1. Party A shall contribute [specify investment amount] to the joint venture, while Party B shall contribute [specify investment amount].2. Ownership percentages in the joint venture shall be [specify ownership percentages].Article 4: Management Structure1. The board of directors shall be comprised of [number] members, with [number] appointed by Party A and [number] appointed by Party B.2. The chairman of the board shall be appointed by [specify party].3. The joint venture shall have a management committee responsible for daily operations.Article 5: Operation and Management1. The joint venture shall operate in accordance with the laws and regulations of [specify country/region].2. The financial year of the joint venture shall be from [specify start date] to [specify end date].3. All major decisions, including investment plans, shall be approved by both parties.Article 6: Profit Distribution and Risk Sharing1. Profits shall be distributed in accordance with ownership percentages.2. In case of losses, the joint venture shall bear risks in proportion to its ownership.Article 7: Contract Duration and Termination1. The duration of this Contract shall be [specify duration].2. Either party may propose termination of the Contract upon mutual agreement or in accordance with laws and regulations.Article 8: Intellectual Property Rights1. All intellectual property rights generated during the operation of the joint venture shall belong to the joint venture.2. Each party shall be responsible for protecting the other party's intellectual property rights.Article 9: ConfidentialityBoth parties shall keep confidential all information related to the joint venture that is not publicly available.Article 10: Force MajeureIn case of force majeure events, both parties shall strive to resolve issues and minimize losses.Article 11: Dispute ResolutionAny disputes arising from this Contract shall be resolved through friendly negotiation. If no settlement can be reached, the dispute may be submitted to [specify dispute resolution mechanism].Article 12: Miscellaneous1. This Contract shall be executed in [number] originals, with each party holding an equal number of originals.2. Any amendments to this Contract must be approved by both parties in writing.3. This Contract is made in both Chinese and [specify other language], with equal legal effect.4. This Contract shall be governed by the laws of [specify country/region].IN WITNESS WHEREOF, the parties have executed this Contract on the dates specified below:篇5Sino-Foreign Cooperative Joint Venture ContractPreamble:The parties, recognizing the mutual benefits of combining their respective resources, expertise, and market opportunities, agree to establish a cooperative joint venture for the purpose of engaging in [specify business activity].Article 1: Establishment of Joint VentureThe parties hereby establish a joint venture named [Joint Venture Company Name] for the purpose of [specific business activities or goals]. The registered capital of the joint venture shall be divided into shares held by the parties in accordance with Article 3 hereof.Article 2: Objectives of Joint VentureThe primary objectives of the joint venture are to [list objectives, such as promote technological exchange, develop new products, expand market share, etc.].Article 3: Investment and Ownership1. Company A shall contribute [specify contribution from Company A] as its investment.2. Company B shall contribute [specify contribution from Company B] as its investment.3. Upon contribution of investments, the ownership shares of the parties in the joint venture shall be as follows: [specify ownership shares].Article 4: Management Structure1. The joint venture shall establish a board of directors comprising of representatives from both parties.2. The board shall appoint a chief executive who shall be responsible for the day-to-day management of the joint venture.3. Other management positions and responsibilities shall be determined by the board of directors.Article 5: Operation and ManagementThe joint venture shall be operated in accordance with laws and regulations of the host country while respecting the rights and interests of both parties. Both parties shall jointly make decisions on major issues such as business plans, investment strategies, etc.Article 6: Profit Distribution and Risk SharingProfits and losses shall be distributed and shared by the parties in proportion to their ownership shares in the joint venture.Article 7: Intellectual PropertyAll intellectual property rights arising from the joint venture shall be owned by the joint venture or owned jointly by the parties in proportion to their ownership shares. The use and transfer of such intellectual property shall be governed by separate agreements between the parties.Article 8: Term of Joint VentureThe term of the joint venture shall be [specify term], unless terminated earlier by mutual consent or in accordance with laws and regulations.Article 9: Termination and LiquidationIn case of termination of the joint venture, all assets and liabilities shall be liquidated in accordance with laws and regulations. The remaining assets, after settlement of all liabilities, shall be distributed to the parties in proportion to their ownership shares.Article 10: Miscellanea1. This Contract shall be binding on and enforceable against the parties and their legal representatives, successors, and assigns.2. Any amendment to this Contract must be made in writing and approved by both parties.3. Any disputes arising from or in connection with this Contract shall be settled through friendly negotiation. If no settlement can be reached, either party may submit the dispute to [specify dispute resolution mechanism].4. This Contract is made in both English and [specify other language] versions, with equal legal effects. In case of any discrepancies between the two versions, the English version shall prevail.5. This Contract shall be subject to laws of [specify applicable law].6. This Contract is effective as of the date of last signature below.SIGNED AND APPROVED BY BOTH PARTIES:篇6Sino-Foreign Cooperative Joint Venture ContractThis Sino-Foreign Cooperative Joint Venture Contract (hereinafter referred to as the "Contract") is entered into by[party A's name], as one Party, and [party B's name], as the other Party, on the basis of equality and mutual benefit, in accordance with the laws of [contract's applicable country].Party A: [Insert Party A's name and contact details]Party B: [Insert Party B's name and contact details]Article 1: Contract ObjectiveThe objective of this Contract is to establish a Sino-Foreign Cooperative Joint Venture (hereinafter referred to as the "Joint Venture") for the purpose of [specify purpose of the joint venture, e.g., manufacturing, distribution, etc.].Article 2: Formation of the Joint VentureThe Joint Venture shall be established under the laws of [contract's applicable country], with Party A contributing [specify Party A's contribution] and Party B contributing [specify Party B's contribution].Article 3: Scope of BusinessThe scope of business of the Joint Venture shall be [describe the business scope].Article 4: Management StructureThe Joint Venture shall establish a board of directors consisting of representatives from both Parties. The board shall be responsible for the overall management of the Joint Venture.Article 5: Investment and OwnershipThe ownership structure and investment ratio shall be as follows: Party A holds [specify percentage] ownership with an investment of [specify investment amount], while Party B holds [specify percentage] ownership with an investment of [specify investment amount].Article 6: Management and OperationThe day-to-day management and operation of the Joint Venture shall be conducted by a management team nominated by both Parties, with a chief executive appointed by the board of directors.Article 7: Profit Distribution and Risk SharingProfits and losses shall be distributed and shared in accordance with the ownership ratio. Details shall be specified in the Joint Venture's accounting and financial management regulations.Article 8: Contract DurationThe duration of this Contract shall be [specify duration], unless terminated earlier by mutual agreement or due to causes beyond the control of either Party.Article 9: Intellectual Property RightsAll intellectual property rights arising from the Joint Venture's activities shall be owned by the Joint Venture or owned separately by both Parties as per their respective agreements.Article 10: Dispute ResolutionAny disputes arising from or in connection with this Contract shall be settled through friendly negotiation. If no settlement can be reached, such disputes shall be submitted to [specify dispute resolution mechanism, e.g., arbitration or court].Article 11: MiscellaneousThis Contract has been executed in [number of copies] original copies, with each Party holding an equal number of copies. This Contract shall become effective upon the signing of both Parties.Party A Representative Signature: ____________________ Date: ________Party B Representative Signature: ____________________ Date: ________(Note: This is a template only and should be customized for specific situations.)[Signature Blocks] 双方签字盖章区域在此空白处可填写合同双方的代表签字和日期,同时加盖合同专用章以确保合同的有效性。
中外合作经营合同英文版6篇
中外合作经营合同英文版6篇篇1Sino-Foreign Cooperative Business Operation ContractThis Contract is entered into on [date] by and between [Chinese Party], a company organized and existing under the laws of the People's Republic of China, with its registered office at [address], hereinafter referred to as the Chinese Party, and [Foreign Party], a company organized and existing under the laws of [country], with its registered office at [address], hereinafter referred to as the Foreign Party.Whereas, the Chinese Party desires to enter into a cooperative business operation with the Foreign Party, and the Foreign Party has agreed to such cooperation, the Parties hereto hereby agree as follows:Article 1 Definitions1.1 "Cooperative Business Operation" means the joint operation of a business by the Chinese Party and the Foreign Party under this Contract.1.2 "Term" shall mean the term of this Contract, commencing on the Effective Date and expiring on [date], unless terminated earlier pursuant to the terms hereof.Article 2 Scope of Cooperation2.1 The Chinese Party and the Foreign Party shall cooperate in the operation of [description of business], including but not limited to [specific tasks and responsibilities].2.2 The Parties agree to fulfill their respective obligations and responsibilities under this Contract in good faith and with due diligence.Article 3 Capital Contribution3.1 The Chinese Party shall contribute RMB [amount] to the Cooperative Business Operation, while the Foreign Party shall contribute USD [amount] to the Cooperative Business Operation.3.2 The Parties shall bear all expenses incurred in connection with the operation of the Cooperative Business in proportion to their respective capital contributions.Article 4 Management4.1 The Chinese Party and the Foreign Party shall appoint [number] of representatives to serve on the management board of the Cooperative Business Operation.4.2 Decisions regarding the management and operation of the Cooperative Business Operation shall be made by a majority vote of the management board.Article 5 Profit Distribution5.1 Profits generated from the Cooperative Business Operation shall be distributed to the Chinese Party and the Foreign Party in proportion to their respective capital contributions.5.2 The Parties shall distribute profits on a [frequency] basis, with any profits retained by the Cooperative Business Operation to be reinvested in the business.Article 6 Confidentiality6.1 The Parties agree to keep all confidential information pertaining to the Cooperative Business Operation confidential and not disclose such information to any third party without the other Party's written consent.6.2 This confidentiality obligation shall survive the termination of this Contract.Article 7 Termination7.1 This Contract may be terminated by mutual agreement of the Parties or by either Party upon [number] days' written notice to the other Party.7.2 In the event of termination, the Parties shall liquidate the Cooperative Business Operation and distribute any remaining assets in accordance with the provisions of this Contract.Article 8 Governing Law8.1 This Contract shall be governed by and construed in accordance with the laws of the People's Republic of China.8.2 Any dispute arising out of or in connection with this Contract shall be settled through amicable negotiation between the Parties, and if not resolved, by arbitration in [city], in accordance with the rules of [arbitration organization].IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date first above written.[Chinese Party][Foreign Party](signature)(signature)(date)(date)篇2Sino-Foreign Joint Venture Operation ContractContract No.:Party A: [Name of the Chinese company], a company registered under the laws of the People's Republic of ChinaParty B: [Name of the foreign company], a company registered under the laws of [Country]Whereas, Party A is a company incorporated and existing under the laws of the People's Republic of China, engaged in [description of the business of Party A], and Party B is a company incorporated and existing under the laws of [Country], engaged in [description of the business of Party B];Whereas, both parties desire to establish a joint venture to operate [description of the business of the joint venture];Now, therefore, Party A and Party B agree as follows:1. Establishment of Joint Venture1.1 The parties hereby agree to establish a joint venture company, named [Name of the Joint Venture Company], to be registered and incorporated under the laws of the People's Republic of China.1.2 The business scope of the joint venture company shall be [description of the business of the joint venture company], in accordance with the applicable laws and regulations of the People's Republic of China.2. Capital Contribution2.1 Party A shall contribute [amount in Chinese Yuan] in cash as capital to the joint venture company.2.2 Party B shall contribute [amount in US Dollars] in cash as capital to the joint venture company.2.3 The total registered capital of the joint venture company shall be [total amount], with Party A and Party B holding [percentage] and [percentage] of the shares, respectively.3. Management3.1 The management of the joint venture company shall be conducted by a board of directors, consisting of [number] members, with [number] directors appointed by Party A and [number] directors appointed by Party B.3.2 The chairman of the board shall be appointed by Party A, and the general manager shall be appointed by Party B.4. Profit Distribution4.1 Profits and losses of the joint venture company shall be distributed in proportion to the shares held by Party A and Party B.4.2 The joint venture company shall distribute profits to its shareholders on a quarterly basis, in accordance with the financial statements prepared by the company.5. Term of the Contract5.1 This contract shall take effect upon the registration and incorporation of the joint venture company.5.2 The term of this contract shall be [number] years, unless terminated earlier by mutual agreement of the parties.In witness whereof, the parties have executed this contract on the date first above written.Party A: [Name and Signature]Party B: [Name and Signature]篇3Sino-Foreign Cooperative Joint Venture ContractThis Contract is entered into on the ______________ day of_____________, 20__, by and between:Party A: ______________________ (hereinafter referred to as “Chinese Party”), a corporation organized and existing under the laws of the People’s Republic of China, with its business address at _______________________.Party B: ______________________ (hereinafter referred to as “Foreign Party”), a corporation organized and existing under the laws of _______________________________________________, with its business address at _______________________.Whereas, the Chinese Party and the Foreign Party have agreed to establish a cooperative joint venture in accordance with the laws of the People’s Republic of China and to jointly operate a business venture; andWhereas, the parties have agreed on the terms and conditions of their cooperation, as set forth in this Contract.Now, therefore, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows:1. Establishment of Joint Venture1.1 The parties agree to establish a cooperative joint venture named “_______________________” (hereinafter referred to as “Joint Venture”) in accordance with the laws of the People’s Republic of China.1.2 The business scope of the Joint Venture shall be________________________.1.3 The registered capital of the Joint Venture shall be_______________________, of which the Chinese Party shall contribute __________ percent and the Foreign Party shall contribute __________ percent.2. Management of Joint Venture2.1 The management structure of the Joint Venture shall consist of a Board of Directors, with ____________ directors appointed by the Chinese Party and ____________ directors appointed by the Foreign Party.2.2 The Chairman of the Board of Directors shall be appointed by the Chinese Party, and the General Manager shall be appointed by the Foreign Party.2.3 Decisions of the Board of Directors shall be made by a majority vote, with the Chairman having the deciding vote in the event of a tie.3. Profit Sharing3.1 The profits of the Joint Venture shall be distributed in accordance with the respective contributions of the parties.3.2 Dividends shall be paid annually, with the amount to be determined by the Board of Directors.4. Term of Joint Venture4.1 The term of the Joint Venture shall be ____________ years, with the option to renew for an additional ____________ years upon mutual agreement of the parties.5. Termination of Joint Venture5.1 The Joint Venture may be terminated by mutual agreement of the parties, or by a decision of the Board of Directors in accordance with the laws of the People’s Republic of China.5.2 In the event of termination, the assets and liabilities of the Joint Venture shall be distributed in accordance with the respective contributions of the parties.6. Governing Law6.1 This Contract shall be governed by and construed in accordance with the laws of the People’s Republic of China.7. Miscellaneous7.1 This Contract constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.7.2 Any amendment to this Contract must be in writing and signed by both parties.IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first above written.____________________________________________________________[Chinese Party][Foreign Party]篇4Sino-Foreign Cooperative Operation ContractThis Agreement is entered into on [date] between [Chinese company name], a company registered in [China] with its principal place of business at [address], hereinafter referred to as the "Chinese party", and [Foreign company name], a company registered in [country] with its principal place of business at [address], hereinafter referred to as the "Foreign party".WHEREAS, the Chinese party desires to cooperate with the Foreign party in the operation of [describe the business], and the Foreign party agrees to enter into this Agreement on the terms set forth below.1. Scope of CooperationThe Chinese party and the Foreign party agree to jointly operate the [describe the business] in [location]. The parties shall share the profits and losses of the project in proportion to their respective contributions.2. Contributions2.1 The Chinese party shall contribute [amount] in cash and [description of other contributions] to the project.2.2 The Foreign party shall contribute [amount] in cash and [description of other contributions] to the project.3. Management3.1 The Chinese party shall appoint [name] as the Chief Executive Officer of the project, who shall have the authority to make all decisions relating to the operations of the project.3.2 The Foreign party shall appoint [name] as the Chief Financial Officer of the project, who shall be responsible for all financial matters.4. Sharing of Profits and Losses4.1 The parties agree to share the profits and losses of the project in proportion to their respective contributions.4.2 Any profits shall be distributed to the parties on a quarterly basis.5. ConfidentialityThe parties agree to keep all information related to the project confidential and not to disclose it to any third party without the prior written consent of the other party.6. Term and Termination6.1 This Agreement shall be effective as of the date of signing and shall remain in effect for a period of [number] years.6.2 Either party may terminate this Agreement upon [number] days written notice to the other party.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.[Chinese company name] [Foreign company name]By: ___________________________ By: ___________________________Name: Name:Title: Title:篇5Sino-Foreign Joint Operation ContractThis Contract is made and entered into on this [date], by and between [Chinese company name], a company duly registered and organized under the laws of the People's Republic of China, with its principle place of business at [address], hereinafter referred to as the "Chinese Party" and [Foreign company name], a company duly registered and organized under the laws of [country], with its principle place of business at [address], hereinafter referred to as the "Foreign Party".Whereas, the Chinese Party desires to enter into a joint operation with the Foreign Party for the purpose of [brief description of the business purpose], and the Foreign Party is willing to cooperate with the Chinese Party in the said joint operation, subject to the terms and conditions herein provided.Now, therefore, in consideration of the mutual covenants herein contained and other good and valuable consideration, the parties agree as follows:1. Establishment of Joint OperationThe parties agree to establish a joint operation for the purpose of [business purpose]. The joint operation shall be governed by the terms of this Contract and shall operate in accordance with the applicable laws and regulations of China.2. ContributionsThe Chinese Party shall contribute [amount] in cash and [description of assets or services] to the joint operation, while the Foreign Party shall contribute [amount] in cash and [description of assets or services]. The contributions of each party shall be used for the operation of the joint business as agreed upon by the parties.3. ManagementThe joint operation shall be managed by a management committee composed of [number] representatives from each party. The decisions of the management committee shall be made by a majority vote. In case of a tie, the chairman of the management committee shall have the deciding vote.4. Profit DistributionThe profits and losses of the joint operation shall be distributed between the parties in proportion to their respective contributions. The parties shall conduct regular audits of the joint operation to ensure accurate accounting of the financial activities.5. TermThis Contract shall be valid for a period of [number] years, commencing from the date of signing. Upon expiration, the parties may choose to renew the Contract or terminate the joint operation.6. ConfidentialityThe parties agree to keep confidential all information related to the joint operation, including financial records, business plans, and trade secrets. The parties shall not disclose such information to third parties without the written consent of the other party.7. TerminationEither party may terminate this Contract by giving [number] days' written notice to the other party. In case of termination, the parties shall settle all outstanding obligations and distribute the remaining assets in accordance with their contributions.8. Governing LawThis Contract shall be governed by the laws of the People's Republic of China. Any dispute arising out of or in connection with this Contract shall be settled through friendly negotiation. If no resolution can be reached, the parties agree to submit the dispute to arbitration in accordance with the rules of the China International Economic and Trade Arbitration Commission.In witness whereof, the parties hereto have caused this Contract to be duly executed as of the date first above written.[Chinese Party]By: ___________________________[Foreign Party]By: ___________________________篇6Cooperation Joint Venture ContractThis Cooperation Joint Venture Contract is made and entered into by and between [Chinese Company Name], a company organized and existing under the laws of the People's Republic of China, with its principal place of business at [Address], hereinafter referred to as the "Chinese Party", and[Foreign Company Name], a company organized and existing under the laws of [Foreign Country], with its principal place of business at [Address], hereinafter referred to as the "Foreign Party".Whereas the Chinese Party and the Foreign Party have agreed to establish a cooperative joint venture in accordance with the laws and regulations of the People's Republic of China, and in conformity with the principles of equality, mutual benefit, and shared risks.Now, Therefore, the Parties hereby agree as follows:1. Formation of Joint Venture1.1 The Chinese Party and the Foreign Party agree to establish a cooperative joint venture, which shall be named [Joint Venture Name], for the purpose of [Purpose of Joint Venture].1.2 The registered capital of the joint venture shall be [Amount] US Dollars, with the Chinese Party contributing [Percentage] and the Foreign Party contributing [Percentage]. The contributions shall be made in cash or in kind within [Number] days after the establishment of the joint venture.1.3 The joint venture shall have a term of [Number] years and shall commence on the date of issuance of the business license.2. Management of Joint Venture2.1 The joint venture shall be managed by a board of directors consisting of [Number] directors, of which the Chinese Party shall appoint [Number] directors and the Foreign Party shall appoint [Number] directors. The chairman of the board shall be appointed by the Chinese Party.2.2 The board of directors shall make decisions on the major issues of the joint venture by consensus, and each director shall have one vote.2.3 The daily operations of the joint venture shall be managed by a general manager appointed by the board of directors, who shall be responsible for the implementation of the board's decisions.3. Sharing of Profits and Losses3.1 The profits and losses of the joint venture shall be shared by the Chinese Party and the Foreign Party in proportion to their respective contributions.3.2 The joint venture shall distribute profits on an annual basis, with the Chinese Party receiving [Percentage] and the Foreign Party receiving [Percentage].4. Termination of Joint Venture4.1 The joint venture may be terminated in the event of bankruptcy, insolvency, material breach of this contract, or by mutual agreement of the Parties.4.2 In the event of termination, the assets of the joint venture shall be distributed in accordance with the contributions of the Parties and any other agreements reached by the Parties.5. Governing LawThis contract shall be governed by and construed in accordance with the laws of the People's Republic of China.6. Dispute ResolutionAny dispute arising out of or in connection with this contract shall be resolved through amicable negotiations. If the Parties fail to resolve the dispute within [Number] days, the dispute shall be referred to arbitration in accordance with the rules of the [Arbitration Institution].In Witness Whereof, the Parties have executed this contract as of the date first above written.[Chinese Company Name] [Foreign Company Name]By: _______________________ By: _______________________Name: Name:Title: Title:Date: Date:。
中外合作经营合同英文版7篇
中外合作经营合同英文版7篇篇1COOPERATION CONTRACTThis Cooperation Contract (hereinafter referred to as the “Contract”) is entered into by ___________ (hereinafter referred to as “Party A”), and ___________ (hereinafter referred to as “Party B”), in accordance with the laws of the People’s Republic of China, on the basis of equality, mutual trust, and mutual benefit.I. CONTRACTING PARTIESParty A: ___________ (Full Name)Address: ___________ (Address)Party B: ___________ (Full Name)Address: ___________ (Address)II. COOPERATION OBJECTIVEThe parties agree to jointly establish a cooperative business entity for the purpose of ___________.III. COOPERATION PERIODThe cooperation shall be effective from the date of signing this Contract and shall continue for a period of ________ years. After the expiration of this period, unless otherwise agreed by both parties, the Contract shall be automatically renewed.IV. SCOPE OF COOPERATION1. The parties shall jointly invest and establish a business entity with Party A contributing _______% of the total investment and Party B contributing _______%.2. The business entity shall be primarily engaged in __________ (business scope).3. The parties shall jointly determine major business decisions, management policies, and share profits and risks in accordance with their respective shares in the investment.V. CAPITAL CONTRIBUTIONS AND MANAGEMENT1. The total investment of the business entity shall be determined by both parties upon joint negotiation.2. Party A shall contribute _______% of the total investment in cash/kind within _______ days from the date of signing this Contract. Party B shall contribute its share in accordance with the agreed proportion and terms.3. The management of the business entity shall be carried out in accordance with relevant laws, regulations, and the articles of association approved by both parties.VI. PROFITS AND LOSSES1. Profits and losses generated during the cooperation shall be shared by both parties in proportion to their respective shares in the investment.2. After-tax profits shall be distributed to both parties based on their respective shares after deducting necessary expenses for the operation and expansion of the business entity.VII. CONFLICT OF INTEREST AND CONFIDENTIALITY1. Both parties shall not engage in any activities that are in conflict with the interests of the business entity during the term of this Contract.2. Any confidential information related to the business entity shall be kept confidential by both parties, and neither party shalldisclose such information to third parties without the consent of the other party.VIII. CONTRACT TERMINATION AND DISPOSITION OF ASSETS1. In case of termination of this Contract due to any reason, the remaining assets of the business entity shall be disposed of in accordance with relevant laws, regulations, and the agreed terms of both parties.2. Any disputes arising from the termination of this Contract shall be resolved through friendly negotiation or legal means.IX. MISCELLANEOUS1. Both parties shall comply with all applicable laws, regulations, and policies during the implementation of this Contract. Any changes to relevant laws, regulations, or policies that affect the implementation of this Contract shall be notified to the other party in a timely manner.2. Any disputes arising from or in connection with this Contract shall be resolved through friendly negotiation between both parties. If no settlement can be reached, either party may submit the dispute to the court with jurisdiction over the place where the business entity is located for litigation resolution.3. This Contract is made in both Chinese and English languages with equal validity. In case of any discrepancies between the two versions, the Chinese version shall prevail.4. This Contract shall be subject to approval by relevant authorities before its effectiveness if so required by law or regulation.5. This Contract is executed in ____ copies, with both parties holding equal number of copies each bearing equal validity and legal force from the date of signing by both parties concerned hereby confirmed by an authorized representative on behalf of each party.. 签署地点:____________ 日期:____________For Party A: (盖章)For Party B: (盖章)(以下空白留双方代表签字及盖章用)(以下空白留双方代表签字及盖章用)(Signature)(Signature)(Stamp)(Stamp)(Name)(Name)Title: _________________________ Title: _________________________ (双方代表签字及盖章处)(双方代表签字及盖章处)篇2Sino-Foreign Cooperative Operation ContractThis Sino-Foreign Cooperative Operation Contract (hereinafter referred to as the "Contract") is made by andbetween [Company Name of China] (hereinafter referred to as "Party A") and [Company Name of Foreign Country] (hereinafter referred to as "Party B").Article 1: Contract ObjectiveThe objective of this Contract is to establish a cooperative operation between Party A and Party B for the purpose of [specify the purpose of the cooperation, such as production, distribution, marketing, technology cooperation, etc.]Article 2: Terms of Cooperation1. The cooperation shall be implemented in accordance with the principles of mutual benefit, equality, fairness, and good faith.2. Party A and Party B shall contribute resources, technologies, expertise, and other necessary elements for the successful operation of the project.Article 3: Capital Contribution1. Party A shall contribute [specify amount or percentage] of the total capital required for the project.2. Party B shall contribute [specify amount or percentage] of the total capital required for the project, which may include foreign currency or technologies.Article 4: Operation Management1. The cooperative operation shall be managed by a Joint Management Committee composed of representatives from both parties.2. The Committee shall be responsible for overseeing the daily operations, making strategic decisions, and resolving any disputes that may arise during the course of cooperation.Article 5: Profit Distribution1. Profits generated from the cooperative operation shall be distributed in accordance with the capital contributions of both parties.2. Additional profit distribution arrangements shall be agreed upon by both parties in writing.Article 6: Risk SharingAny risks encountered during the operation shall be shared by both parties in accordance with their respective contributions and responsibilities.Article 7: Contract Duration1. The duration of this Contract shall be [specify duration].2. There shall be options for renewal upon expiration of the Contract as agreed by both parties.Article 8: Intellectual Property Rights1. Any intellectual property rights arising from the cooperative operation shall be owned by both parties in accordance with their respective contributions.2. Each party shall be responsible for safeguarding the other party's intellectual property rights.Article 9: ConfidentialityBoth parties shall maintain confidentiality of all information related to the cooperative operation that is not intended for public disclosure.Article 10: TerminationThis Contract may be terminated by either party in the event of a breach of Contract by the other party that is not rectified within a reasonable period.Article 11: Miscellaneous1. Any disputes arising from or in connection with this Contract shall be resolved through friendly negotiations between both parties.2. This Contract shall be governed by and construed in accordance with the laws of [specify applicable law].3. This Contract constitutes the entire agreement between the parties and no modifications shall be made to it unless agreed upon by both parties in writing.IN WITNESS WHEREOF, the parties have executed this Contract by their respective duly authorized representatives on _________. The original text of this Contract shall be made in both Chinese and English languages, with equal legal effects. Any discrepancies shall be resolved by reference to the Chinese version.篇3Sino-Foreign Cooperative Operation ContractThis Sino-Foreign Cooperative Operation Contract (hereinafter referred to as the "Contract") is made by and between [Name of Chinese Party] (hereinafter referred to as the "Chinese Party") and [Name of Foreign Party] (hereinafterreferred to as the "Foreign Party"), through friendly negotiation and mutual understanding, in accordance with the laws of the People's Republic of China.Article 1: ObjectiveThe purpose of this Contract is to establish a cooperative operation between the Chinese Party and the Foreign Party for the purpose of jointly developing, manufacturing, and marketing ___[describe the product/service合作经营的项目]___ in China.Article 2: Scope of Cooperation1. The parties shall cooperate in the areas of research, development, production, and sales of ___[产品/服务].2. The specific details of cooperation, including investment, profits distribution, risk sharing, management structure, and operation mode shall be further defined in subsequent agreements.Article 3: Term of CooperationThe term of this Contract shall be ___[Contract duration, e.g., "ten years"], commencing on the date of signing this Contract and expiring on the date specified.Article 4: Investment1. The Chinese Party shall contribute land, buildings, and other assets as its investment.2. The Foreign Party shall contribute technology, equipment, and cash as its investment.3. Details of investment structure, proportion, and timing shall be clearly defined in a separate investment agreement.Article 5: Management1. A joint management committee shall be established to oversee the operation and daily management of the cooperative enterprise.2. The committee shall consist of representatives from both parties and shall have equal decision-making power.3. Major decisions, such as changing the purpose of cooperation, major investments, and appointment of senior management personnel require the approval of both parties.Article 6: Operation and Management1. The cooperative enterprise shall conduct its business activities in accordance with the laws and regulations of China.2. The operation and management rules shall be formulated by the joint management committee based on agreed principles.3. The enterprise shall establish a sound management system to ensure the smooth operation of its business activities.Article 7: Profit Distribution and Risk Sharing1. Profits generated by the cooperative enterprise shall be distributed in accordance with the agreed proportion between the parties.2. Risks associated with the operation of the enterprise shall be shared by both parties in accordance with their respective contributions to the enterprise.Article 8: Intellectual Property1. The Foreign Party shall assign or license all intellectual property rights related to the technology it provides to the cooperative enterprise.2. The parties shall protect each other's intellectual property rights and take necessary measures to prevent any infringement of such rights.Article 9: Contract Termination1. In case of any breach of contract by either party, the other party may terminate this Contract in accordance with applicable laws and regulations.2. Upon termination of this Contract, all assets and rights related to the cooperative enterprise shall be disposed in accordance with agreed principles.Article 10: Miscellaneous1. This Contract shall be governed by and construed in accordance with the laws of the People's Republic of China.2. Any disputes arising from or in connection with this Contract shall be settled through friendly negotiation between the parties. If no settlement can be reached, such disputes may be submitted to ___ [specify dispute resolution mechanism, e.g., "the court having jurisdiction over the place where the cooperative enterprise is located"] for resolution.3. This Contract is made in both Chinese and [Foreign language], with the Chinese version being the official version. In case of any discrepancies between the two versions, the Chinese version shall prevail.4. This Contract is effective as of the date of signing by both parties and shall be registered with relevant authorities in accordance with applicable laws and regulations.The parties have read and fully understand this Contract, and agree to be bound by its terms and conditions.Chinese Party: _________ [Signature]Foreign Party: _________ [Signature]Date: _________ [Contract signing date]篇4Sino-Foreign Cooperative Operation ContractThis Sino-Foreign Cooperative Operation Contract (hereinafter referred to as the "Contract") is made by and between [Party A Name], a legal entity duly organized under the laws of [Party A's Country], and [Party B Name], a legal entity duly organized under the laws of the People's Republic of China, through friendly negotiation and mutual understanding on the basis of equality and mutual benefit and in accordance with the laws of the People's Republic of China.Article 1: Contract ObjectiveThe objective of this Contract is to establish a cooperative operation between the two Parties for the purpose of [specify the purpose or industry, e.g., manufacturing, distribution, technology cooperation, etc.] in China.Article 2: Scope of CooperationThe scope of cooperation shall include but not be limited to [list specific areas of cooperation, e.g., product development, technology transfer, market expansion, etc.].Article 3: Term of CooperationThe term of this Contract shall be for a period of [specify duration, e.g., twenty years], commencing on [start date] and expiring on [end date].Article 4: Investment and Capital Contribution1. Party A shall contribute [specify amount or percentage] as investment, which may include [specify, e.g., cash, technology, equipment, etc.].2. Party B shall contribute [specify amount or percentage] as investment, which may include [specify, e.g., land, buildings, working capital, etc.].Article 5: Management StructureThe cooperative enterprise shall establish a management committee consisting of representatives from both Parties. Decision-making shall be based on mutual consultation and agreement.Article 6: Operation and ManagementThe cooperative enterprise shall be operated and managed in accordance with laws and regulations of China, and the operational activities shall be conducted based on the agreed management structure.Article 7: Profit DistributionProfits shall be distributed in accordance with the agreed ratio between the two Parties. Details shall be specified in the Supplementary Agreement.Article 8: Intellectual PropertyAll intellectual property arising from the cooperative activities shall be owned by the cooperative enterprise or used under license from either Party, as agreed upon by both Parties.Article 9: Risk SharingBoth Parties shall share risks in accordance with their respective contributions to the enterprise.Article 10: Contract TerminationThis Contract may be terminated upon agreement by both Parties or in cases of force majeure leading to permanent inability to perform the Contract. Termination shall be subject to the provisions of the Supplementary Agreement.Article 11: Miscellanea1. This Contract shall be subject to laws and regulations of the People's Republic of China.2. Any disputes arising from or in connection with this Contract shall be settled through friendly negotiation between both Parties. If no settlement can be reached, either Party may submit such disputes to [specify arbitration institution] for arbitration.3. This Contract shall be made in both Chinese and English languages, with equal validity. In case of any discrepancies between the two versions, the Chinese version shall prevail.4. This Contract is effective as of the date when it is signed and approved by both Parties.Party A (China): [Name of Party A]Authorized Representative: [Signature] Date:XX-XX-XXXX篇5SINO-FOREIGN COOPERATION CONTRACT甲方:__________(以下简称中方)Party A: __________ (hereinafter referred to as the Chinese Party)乙方:__________ (以下简称外方)Party B: __________ (hereinafter referred to as the Foreign Party)鉴于甲方拥有独特的资源和技术优势,乙方拥有先进的国际管理经验和资金实力;经充分友好协商,双方就共同开展合作经营活动事宜,达成共识,并签订本合同。
中外合作经营合同格式(中英文)5篇
中外合作经营合同格式(中英文)5篇篇1Sino-Foreign Joint Venture Operation ContractThis agreement is made and entered into on this [insert date], by and between [Chinese Company], a company organized and existing under the laws of the People's Republic of China, with its principal office located at [insert address], hereinafter referred to as the "Chinese Company", and [Foreign Company], a company organized and existing under the laws of [insert country], with its principal office located at [insert address], hereinafter referred to as the "Foreign Company".WHEREAS, the Parties wish to establish a joint venture to operate a [describe business activity] in the People's Republic of China.NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties hereto agree as follows:1. Establishment of Joint VentureThe Parties agree to establish a joint venture company under the name of [Joint Venture Company], with its registered capital of [insert amount] to be contributed by the Parties in the following proportions: Chinese Company [insert percentage] and Foreign Company [insert percentage].2. Business ScopeThe business scope of the Joint Venture Company shall include [describe business activities]. The operation of the Joint Venture Company shall be guided by the laws of the People's Republic of China and any other applicable regulations.3. ManagementThe management of the Joint Venture Company shall be conducted by a Board of Directors consisting of [insert number] directors, with [insert number] to be appointed by the Chinese Company and [insert number] to be appointed by the Foreign Company.4. Financial MattersThe financial matters of the Joint Venture Company shall be handled in accordance with the provisions set forth in this agreement. The Parties agree to share profits and losses inproportion to their respective contributions to the registered capital.5. Dispute ResolutionAny dispute arising out of or in connection with this agreement shall be settled through friendly consultation between the Parties. If the Parties fail to resolve the dispute amicably, the matter shall be submitted to arbitration in accordance with the rules of the [appropriate arbitration institution].IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be duly executed on the date and year first above written.[Chinese Company]By: __________________________[Foreign Company]By: __________________________This Sino-Foreign Joint Venture Operation Contract is hereby approved and ratified by the relevant authorities of both Parties.Date: __________________________[Government Authority of Chinese Company]By: __________________________[Government Authority of Foreign Company]By: __________________________This agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior discussions, correspondence, understandings, and agreements between the Parties relating to such subject matter.IN WITNESS WHEREOF, the Parties hereto have executed this agreement as of the date and year first above written.[Chinese Company]By: __________________________[Foreign Company]By: __________________________This document represents a legal and binding contract between the Parties, each of whom has read and understood the terms and conditions contained herein.[Chinese Company]By: __________________________[Foreign Company]By: __________________________This Sino-Foreign Joint Venture Operation Contract shall become effective upon the signing by all Parties.Signed and sealed by the Parties on the date and year first above written.[Seal of Chinese Company][Seal of Foreign Company]篇2Joint Venture ContractThis Joint Venture Contract is made and entered into on [date], by and between [Party A], a company organized and existing under the laws of [Country A], and having its principal place of business at [address], [City], [Country A], hereinafter referred to as the "Chinese Party", and [Party B], a company organized and existing under the laws of [Country B], and having its principal place of business at [address], [City], [Country B], hereinafter referred to as the "Foreign Party".WHEREAS, the Parties desire to engage in a joint venture for the purpose of [purpose of the joint venture];NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the Parties agree as follows:1. Formation of Joint VentureThe Parties shall form a joint venture (the "Venture") to be named [Name of Joint Venture]. The Venture shall be organized as a [describe the type of entity] under the laws of [Country A]. The respective ownership interests of the Parties shall be [X%] for the Chinese Party and [Y%] for the Foreign Party.2. Principal Place of BusinessThe principal place of business of the Venture shall be located at [address], [City], [Country A], but the Venture may establish such other branch offices or facilities as may be deemed necessary or desirable.3. Business PurposeThe purpose of the Venture shall be to [describe the business purpose of the Joint Venture], including but not limited to [specific business activities].4. Capital ContributionThe Chinese Party shall contribute [amount] as its capital contribution to the Venture, and the Foreign Party shall contribute [amount] as its capital contribution. Each Party's capital contribution shall be paid within [number] days of the execution of this Contract.5. Management and OperationThe Venture shall be managed by a Board of Directors consisting of [X] directors appointed by the Chinese Party and [Y] directors appointed by the Foreign Party. The Board shall meet on a quarterly basis to oversee the operations and make strategic decisions for the Venture.6. Distribution of Profits and LossesAll profits and losses of the Venture shall be allocated in proportion to the ownership interests of the Parties. Any distributions of profits shall be made on a quarterly basis.7. Term and TerminationThis Contract shall have a term of [number] years, commencing on the date of execution. The Contract may be terminated by mutual agreement of the Parties or upon the occurrence of certain events as set forth herein.8. Governing LawThis Contract shall be governed by and construed in accordance with the laws of [Country A].IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of the date first above written.[Signature of Chinese Party] [Signature of Foreign Party][Name of Signatory] [Name of Signatory][Title of Signatory] [Title of Signatory][Date][Date]Please note that this Joint Venture Contract is for reference purposes only and should be tailored to the specific needs and circumstances of the Parties involved. It is advisable to seek legal counsel before entering into any joint venture agreement.篇3Cooperative Operation Contract Format (Chinese-English)Contract Title: Cooperative Operation Contract Contracting Parties:Party A: [Name of Chinese Company]Address: [Address of Chinese Company]Legal Representative: [Name of Legal Representative] Contact Person: [Name of Contact Person] Telephone: [Telephone Number]Email: [Email Address]Party B: [Name of Foreign Company]Address: [Address of Foreign Company]Legal Representative: [Name of Legal Representative] Contact Person: [Name of Contact Person] Telephone: [Telephone Number]Email: [Email Address]Date of Contract: [Date]1. Purpose of Cooperation:Party A and Party B agree to enter into this cooperative operation contract for the purpose of jointly operating a business venture in [Country/Location].2. Scope of Cooperation:2.1 Party A shall be responsible for providing [Specific Responsibilities of Party A].2.2 Party B shall be responsible for providing [Specific Responsibilities of Party B].2.3 Both parties shall collaborate on [Specific Tasks to be Collaborated on].3. Investment:3.1 Party A shall invest [Amount] in the business venture.3.2 Party B shall invest [Amount] in the business venture.3.3 The investment shall be used for [Purpose of Investment].4. Profit Sharing:4.1 The profits and losses of the business venture shall be shared between Party A and Party B in the ratio of [Ratio].4.2 Profit sharing shall be conducted on a [Frequency] basis.5. Term of Contract:5.1 This contract shall be valid for a period of [Number] years.5.2 The contract may be renewed by mutual agreement of both parties.6. Termination:6.1 Either party may terminate this contract with [Number] days' written notice.6.2 In the event of termination, both parties agree to settle any outstanding financial obligations.7. Dispute Resolution:Any disputes arising from this contract shall be resolved through amicable negotiations between the parties. If an amicable resolution cannot be reached, the parties agree to submit the dispute to arbitration.8. Confidentiality:Both parties agree to maintain the confidentiality of any information shared during the course of their cooperation and not to disclose it to any third parties.9. Governing Law:This contract shall be governed by the laws of[Country/Location].10. Signatures:This contract shall be signed by the legal representatives of Party A and Party B on the date mentioned above.In witness whereof, the parties have executed this contract on the date first mentioned above.Party A: _______________________ (Seal)Party B: _______________________ (Seal)篇4Sino-Foreign Joint Venture AgreementThis Agreement is made and entered into on this ___ day of ____, 20__, by and between [Chinese Company Name], a company duly organized and existing under the laws of the People's Republic of China, with its principal place of business at [address], hereinafter referred to as the "Chinese Party", and [Foreign Company Name], a company duly organized and existing under the laws of [Foreign Country], with its principal place of business at [address], hereinafter referred to as the "Foreign Party."Whereas, the Chinese Party desires to enter into a joint venture with the Foreign Party for the purpose of establishing a business entity in China to engage in [describe the nature of the business], and the Foreign Party desires to participate in such joint venture;Now, therefore, the parties hereby agree as follows:1. Establishment of Joint VentureThe parties agree to establish a joint venture company under the name of [Joint Venture Company Name], which shall be registered in accordance with Chinese laws and regulations. The shareholding structure of the company shall be [percentage Chinese Party] owned by the Chinese Party and [percentage Foreign Party] owned by the Foreign Party.2. Business ScopeThe Joint Venture Company shall engage in the business of [describe the business activities of the company].3. Capital ContributionThe Chinese Party shall contribute [amount] as its capital contribution to the Joint Venture Company, while the Foreign Party shall contribute [amount] as its capital contribution. Thetotal registered capital of the Joint Venture Company shall be [total amount].4. ManagementThe management of the Joint Venture Company shall be handled by a board of directors, composed of [number] members, with [number] members appointed by the Chinese Party and [number] members appointed by the Foreign Party. The chairman of the board shall be appointed by the Foreign Party.5. Profit and Loss SharingThe profits and losses of the Joint Venture Company shall be shared by the parties in proportion to their respective shareholdings in the company.6. Term and TerminationThis agreement shall be effective as of the date first above written and shall continue in force for a term of [number] years. Either party may terminate this agreement by giving [number] months' written notice to the other party.In witness whereof, the parties hereto have executed this Agreement on the day and year first above written.Chinese Party:_______________[Name][Title]Foreign Party:_______________[Name][Title]篇5International Joint Venture AgreementThis Agreement is made and entered into as of [date], by and between [Foreign Company], a corporation organized and existing under the laws of [country], having its principal place of business at [address], and [Chinese Company], a corporation organize d and existing under the laws of the People’s Republic of China, having its principal place of business at [address].WHEREAS, the parties desire to form a joint venture to carry on a certain business in the People’s Republic of China; andWHEREAS, the parties desire to set forth the terms and conditions of their joint venture in this Agreement.NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:1. Formation of Joint Venture. The parties hereby agree to form a joint venture (the “Joint Venture”) for the purpose of [describe purpose of Joint Venture]. The Joint Venture shall be incorporated under the laws of the People’s Republic of China as a Sino-foreign joint venture.2. Ownership and Capital Contribution. The parties agree that their ownership interests in the Joint Venture shall be as follows:- [Foreign Company] shall contribute [percentage] of the total capital of the Joint Venture;- [Chinese Company] shall contribute [percentage] of the total capital of the Joint Venture.3. Management. The management of the Joint Venture shall be vested in a board of directors, consisting of [number] directors. [Foreign Company] shall have the right to appoint[number] directors, and [Chinese Company] shall have the right to appoint [number] directors. Any decision of the board of directors shall require the affirmative vote of [percentage] of the directors.4. Distribution of Profits and Losses. The profits and losses of the Joint Venture shall be distributed among the parties in proportion to their ownership interests in the Joint Venture.5. Term and Termination. The term of this Agreement shall commence on the date hereof and continue for a period of [number] years, unless terminated earlier by mutual agreement of the parties. In the event of termination of this Agreement, the parties shall wind up the affairs of the Joint Venture in accordance with the provisions of this Agreement.6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China.IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.[Foreign Company]By: ______________________Name: ____________________Title: _____________________ [Chinese Company] By: ______________________ Name: ____________________ Title: _____________________。
中外合作经营合同格式(附英文)6篇
中外合作经营合同格式(附英文)6篇全文共6篇示例,供读者参考篇1Chinese-Foreign Cooperative Operation ContractThis agreement is made and entered into by and between **[Name of Chinese Company]**, a company incorporated under the laws of the People's Republic of China, with its principal place of business at **[Address of Chinese Company]**, and **[Name of Foreign Company]**, a company incorporated under the laws of **[Country of Foreign Company]**, with its principal place of business at **[Address of Foreign Company]**.WHEREAS, the Chinese Company is engaged in the business of **[Description of Business of Chinese Company]**, and the Foreign Company is engaged in the business of **[Description of Business of Foreign Company]**;WHEREAS, the Parties desire to enter into a cooperative operation arrangement for the purpose of **[Purpose of Cooperation]**;NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:1. Establishment of Joint VentureThe Parties shall establish a joint venture company under the name of **[Name of Joint Venture Company]**, which shall be incorporated under the laws of the People's Republic of China.2. Ownership of Joint VentureThe Chinese Company shall own **[Percentage]%** of the shares of the Joint Venture Company, and the Foreign Company shall own **[Percentage]%** of the shares of the Joint Venture Company.3. Management of Joint VentureThe management of the Joint Venture Company shall be vested in a Board of Directors consisting of **[Number]** directors, with **[Percentage]%** appointed by the Chinese Company and **[Percentage]%** appointed by the Foreign Company.4. Capital ContributionThe Chinese Company shall contribute **[Amount]** to the capital of the Joint Venture Company, and the Foreign Company shall contribute **[Amount]** to the capital of the Joint Venture Company.5. Profit SharingThe profits of the Joint Venture Company shall be distributed to the Chinese Company and the Foreign Company in proportion to their respective shareholdings in the Joint Venture Company.IN WITNESS WHEREOF, the Parties have executed this agreement as of **[Date]**.**[Signature of Chinese Company]****[Name of Chinese Company]****[Signature of Foreign Company]****[Name of Foreign Company]**This contract is made and entered into in both Chinese and English languages, both texts having equal legal force. In case of any discrepancy between the two texts, the Chinese text shall prevail.This agreement may be terminated by mutual agreement of the Parties, or by either Party with **[Number]** days written notice to the other Party.This agreement shall be governed by and construed in accordance with the laws of the People's Republic of China.IN WITNESS WHEREOF, the undersigned have executed this agreement on the date and year first above written.**[Signature of Chinese Company]****[Name of Chinese Company]****[Signature of Foreign Company]****[Name of Foreign Company]**篇2Foreign Cooperation Operation Contract FormatArticle 1 Party A and Party B hereby reach an agreement to jointly operate [describe the specific business or project] in accordance with the terms and conditions outlined in this contract.Article 2 Scope of Cooperation1. Party A and Party B shall jointly invest in [describe the investment amount and allocation].2. Party A shall be responsible for providing [list the specific responsibilities of Party A].3. Party B shall be responsible for providing [list the specific responsibilities of Party B].Article 3 Term of Cooperation1. The cooperation shall commence on [start date] and shall continue until [end date] unless terminated earlier in accordance with the provisions of this contract.2. Either Party may terminate the cooperation by giving [number of days] written notice to the other Party.Article 4 Rights and Obligations of Party A1. Party A shall have the right to oversee the daily operations of the cooperation.2. Party A shall bear the costs of [list the specific costs borne by Party A].3. Party A shall be entitled to [list the entitlements of PartyA].Article 5 Rights and Obligations of Party B1. Party B shall have the right to participate in the decision-making process of the cooperation.2. Party B shall bear the costs of [list the specific costs borne by Party B].3. Party B shall be entitled to [list the entitlements of Party B].Article 6 Distribution of Profits1. The profits generated from the cooperation shall be distributed in accordance with the investment ratio of Party A and Party B.2. Party A and Party B shall receive their respective share of profits on a [frequency] basis.Article 7 Dispute Resolution1. Any disputes arising from the cooperation shall be resolved through negotiation between Party A and Party B.2. If the parties cannot reach a resolution through negotiation, the dispute shall be submitted to arbitration in accordance with the laws of [jurisdiction].Article 8 Amendments to the ContractAny amendments to this contract shall be made in writing and signed by both Party A and Party B.In witness whereof, the Parties hereto have executed this contract on the date first written above.Party A: [Signature]Party B: [Signature]篇3Sino-Foreign Joint Venture Contract FormatArticle 1: Establishment of Joint Venture1.1 Parties A and B, hereinafter referred to as the "Partners," agree to establish a joint venture under the name of [Name of Joint Venture Company], hereinafter referred to as the "Company."1.2 The Partners agree to establish the Company for the purpose of [Brief description of the business activities of the Company].Article 2: Registered Capital2.1 The total registered capital of the Company shall be [Amount in currency].2.2 Partners A and B shall contribute their respective shares of the registered capital as follows:Partner A: [Amount in currency]Partner B: [Amount in currency]Article 3: Management Structure3.1 The management of the Company shall be entrusted to a board of directors, comprising [Number] directors appointed by the Partners.3.2 The general manager of the Company shall be appointed by Partner A, and the deputy general manager shall be appointed by Partner B.Article 4: Profit Distribution4.1 The profits of the Company shall be distributed in accordance with the percentage of ownership of each Partner.4.2 The profits shall be distributed on a quarterly basis, and any dividends declared by the board of directors shall be paid within [Number] days of the declaration.Article 5: Term of Joint Venture5.1 The term of the Joint Venture shall be [Number] years, commencing on the date of registration of the Company.5.2 The Partners may agree to extend the term of the Joint Venture by mutual consent.Article 6: Dissolution and Liquidation6.1 In the event of dissolution of the Company, the Partners agree to liquidate the assets and distribute the proceeds in accordance with the percentage of ownership of each Partner.6.2 The Partners shall appoint a liquidator to oversee the dissolution and liquidation process.Article 7: Governing Law7.1 This Contract shall be governed by and construed in accordance with the laws of [Country].7.2 Any dispute arising out of or in connection with this Contract shall be resolved through arbitration in [Arbitration Venue] in accordance with the rules of the [Arbitration Institution].In witness whereof, the Parties have executed this Contract on the date first above written.Partner A:Name:Title:Date:Partner B:Name:Title:Date:篇4International Joint Venture Contract FormatThis International Joint Venture Contract is entered into on [date] by and between [company name], a company registered under the laws of [country], with its principal place of business at [address], hereinafter referred to as the "Chinese Party”, and [foreign company name], a company registered under the laws of [country], with its principal place of business at [address], hereinafter referred to as the "Foreign Party”.Whereas, the Chinese Party desires to establish a joint venture with the Foreign Party for the purpose of [purpose of joint venture], and the Foreign Party agrees to enter into this joint venture on the terms and conditions set forth herein.1. Establishment of Joint VentureThe Chinese Party and the Foreign Party shall establish a joint venture company under the name of [name of joint venture company], with its registered office at [address]. The jointventure company shall engage in the business of [business activities].2. Capital ContributionThe Chinese Party shall contribute the amount of [amount] in cash or in kind to the joint venture, constituting [percentage]% of the total share capital of the joint venture. The Foreign Party shall contribute the amount of [amount] in cash or in kind to the joint venture, constituting [percentage]% of the total share capital of the joint venture.3. Management of Joint VentureThe management of the joint venture company shall be conducted by a board of directors consisting of [number] directors, with [number] directors appointed by the Chinese Party and [number] directors appointed by the Foreign Party. Decisions of the board of directors shall be made by majority vote.4. Profit SharingProfits and losses of the joint venture company shall be distributed between the Chinese Party and the Foreign Party in proportion to their respective shareholdings in the joint venture.5. Term of AgreementThis joint venture agreement shall be in effect for a period of [number] years from the date of establishment of the joint venture company, unless terminated earlier by mutual agreement of the parties.6. Governing LawThis agreement shall be governed by and construed in accordance with the laws of [country].7. Dispute ResolutionAny disputes arising out of or in connection with this agreement shall be resolved through amicable negotiations between the parties. If the parties are unable to resolve the dispute amicably, the dispute shall be referred to arbitration in accordance with the rules of the International Chamber of Commerce.In witness whereof, the parties hereto have caused this agreement to be executed on the date first above written.[Signature of Chinese Party][Signature of Foreign Party][Company Seal][Company Seal]篇5International Joint Venture ContractThis contract is entered into on [date] between [Foreign Company], hereinafter referred to as the Foreign Party, and [Chinese Company], hereinafter referred to as the Chinese Party.1. PurposeThe purpose of this agreement is to establish an international joint venture between the Foreign Party and the Chinese Party. The parties intend to collaborate on [specific project or business venture], with the ultimate goal of mutual benefit and profit.2. Scope of AgreementThis agreement encompasses the following terms and conditions:a. Establishment of a joint venture company with a registered capital of [amount] to be held by the parties in proportion to their respective contributions.b. Appointment of a board of directors consisting of [number] members, with each party nominating [number] directors.c. The roles and responsibilities of each party in the management and operation of the joint venture company.d. The allocation of profits and losses in accordance with the respective contribution of each party.e. Transfer of technology, know-how, and intellectual property rights from the Foreign Party to the joint venture company.f. Dispute resolution mechanism in case of disagreements between the parties.g. Confidentiality and non-disclosure provisions to protect the proprietary information of the parties.3. Terms of Agreementa. This agreement shall be effective from the date of signing and shall remain in force for a period of [number] years unless terminated earlier in accordance with the provisions herein.b. Either party may terminate this agreement with [number] days' written notice to the other party in case of material breach of any provision herein.c. Termination of this agreement shall not affect the rights and obligations accrued prior to the termination date.4. Governing LawThis agreement shall be governed by the laws of [jurisdiction] and any disputes arising hereunder shall be resolved through arbitration in accordance with the rules of [arbitration organization].5. SignaturesThis agreement is signed by the duly authorized representatives of the Foreign Party and the Chinese Party on the date first written above.[Signature of Foreign Party][Name of Foreign Party][Title][Date][Signature of Chinese Party][Name of Chinese Party][Title][Date]In Witness whereof, the parties hereto have executed this agreement as of the date first above written.Note: This contract is a sample template and should be customized to fit the specific needs and requirements of the parties involved in the international joint venture. It is recommended to seek legal advice before entering into any joint venture agreement.篇6Article Title: Format of Sino-Foreign Joint Venture ContractIntroduction:A Sino-Foreign Joint Venture Contract is a legal document that outlines the terms and conditions of cooperation between Chinese and foreign companies in a joint venture partnership. This contract is essential in ensuring a successful and mutually beneficial business relationship between the two parties. In this article, we will discuss the format and key components of a typical Sino-Foreign Joint Venture Contract.Format of a Sino-Foreign Joint Venture Contract:1. Introduction: The contract should begin with an introduction that clearly states the names of the parties involved in the joint venture, the purpose of the joint venture, and the duration of the partnership.2. Objectives: The contract should outline the specific objectives and goals of the joint venture, as well as the responsibilities and obligations of each party in achieving these objectives.3. Term and Termination: The contract should specify the duration of the joint venture partnership, as well as the conditions under which the contract can be terminated by either party.4. Ownership and Capital Contribution: The contract should detail the ownership structure of the joint venture, as well as the capital contributions that each party is required to make.5. Management and Decision-Making: The contract should outline the management structure of the joint venture, including the composition of the board of directors, decision-making processes, and the roles and responsibilities of each party in the management of the joint venture.6. Profit Sharing and Distribution: The contract should specify how profits will be shared and distributed between the parties, including any provisions for reinvestment of profits into the joint venture.7. Intellectual Property Rights: The contract should address the ownership and protection of intellectual property rights developed during the course of the joint venture, as well as any licensing agreements between the parties.8. Dispute Resolution: The contract should include a clause outlining the procedures for resolving disputes between the parties, including mediation and arbitration processes.Conclusion:A well-written Sino-Foreign Joint Venture Contract is essential in establishing a successful and sustainable partnership between Chinese and foreign companies. By following the format outlined in this article and including key components such as objectives, ownership, management, profit sharing, and dispute resolution, the parties can ensure a smooth and mutually beneficial cooperation.。
中外合作经营合同格式(附英文)5篇
中外合作经营合同格式(附英文)5篇篇1合同编号:【编号】甲方:【甲方名称】,以下简称“中方”乙方:【乙方名称】,以下简称“外方”根据中华人民共和国有关法律法规,甲乙双方在平等、自愿、公平的基础上,就共同合作经营【项目名称】事宜达成如下协议:一、合作宗旨双方本着相互信任、互惠互利的原则,通过合作经营的方式,共同促进双方的发展。
二、合作经营项目【项目名称】,具体经营范围:【经营范围】。
三、合作经营期限自本合同签订之日起至【合作经营结束日期】止。
四、合作经营方式及投资比例1. 中方投资金额为人民币【金额】元,占合作经营总额的【比例】%;外方投资金额为【外方投资金额】,占合作经营总额的【比例】%。
2. 双方共同负责经营管理,重大事项由双方协商解决。
五、利润分配及亏损承担1. 合作经营期间所产生的利润按照投资比例分配。
2. 亏损部分按照投资比例共同承担。
3. 每年度进行一次利润分配及亏损承担结算。
六、风险条款及保证条款1. 合作期间,双方应遵守合同约定,不得擅自退出合作经营。
若一方违约,应承担违约责任并赔偿对方因此造成的损失。
篇2合同编号:【编号】甲方:【甲方名称】,以下简称“中方”乙方:【乙方名称】,以下简称“外方”根据中华人民共和国有关法律法规,甲乙双方在平等、自愿、公平的基础上,就共同合作经营【项目名称】事宜达成如下协议:一、合作宗旨双方在遵循平等互利、共同发展的原则基础上,通过合作促进【项目领域】的技术进步和创新,实现双赢。
二、合同标的本合同的主要标的为【标的描述】。
合作经营的范围包括但不限于【经营范围描述】。
合作期限自【起始日期】至【终止日期】。
合同期内双方共同投入资源,共同经营,共享收益,共担风险。
三、投资与股权结构1. 中方投资:【金额】,占股比例:【比例】。
外方投资:【金额】,占股比例:【比例】。
投资形式包括但不限于现金、设备、技术、知识产权等。
2. 双方应按照合同约定时间完成投资。
投资款应存放于共管账户,用于本项目的经营和发展。
英文版中外合作经营合同范本6篇
英文版中外合作经营合同范本6篇篇1Cooperative Operation ContractThis Cooperative Operation Contract (hereinafter referred to as the "Contract") is entered into by and between [foreign company name], a foreign company registered in [country], and [Chinese company name], a company registered in [country], on [date].1. PurposeThe purpose of this Contract is to establish a partnership between the two parties for the purpose of cooperative operation in [industry sector]. The parties agree to cooperate in the development, production, marketing, and distribution of [product/service].2. Scope of Cooperation2.1 The parties agree to jointly develop newproducts/services in the [industry sector] sector.2.2 The parties agree to share resources, technologies, and expertise to improve the quality and efficiency of their operations.2.3 The parties agree to jointly market and distribute products/services in both the local and international markets.2.4 The parties agree to cooperate in the management of their operations to ensure compliance with all relevant laws and regulations.3. Responsibilities of Parties3.1 [Foreign company name] shall be responsible for providing the necessary technologies, expertise, and resources for the development, production, and marketing ofproducts/services.3.2 [Chinese company name] shall be responsible for providing the necessary facilities, labor, and market channels for the successful operation of the partnership.3.3 Both parties agree to cooperate in the management and decision-making process of the partnership to ensure its success.4. Financial Arrangements4.1 The parties agree to share the profits and losses of the partnership in proportion to their respective contributions.4.2 All costs and expenses incurred in the operation of the partnership shall be shared equally between the parties.4.3 Any additional capital required for the operation of the partnership shall be contributed by the parties in proportion to their respective contributions.5. Term and Termination5.1 This Contract shall come into effect on the date of signing and shall remain in force for a period of [duration].5.2 Either party may terminate this Contract by giving [notice period] written notice to the other party.5.3 In the event of termination, the parties agree to cooperate in winding up the affairs of the partnership in an orderly manner.6. Confidentiality6.1 The parties agree to keep all information regarding the partnership confidential and not to disclose it to any third party without the consent of the other party.6.2 The parties agree to take all necessary steps to protect the intellectual property rights of the partnership.7. Dispute ResolutionThe parties agree to resolve any disputes arising out of this Contract through amicable negotiations. In the event that the parties are unable to reach a resolution, the matter shall be referred to arbitration in accordance with the laws of [country].8. Governing LawThis Contract shall be governed by and construed in accordance with the laws of [country].In witness whereof, the parties hereto have caused this Contract to be duly executed on the date first above written.[Foreign company name]Signature:_____________________[Chinese company name]Signature:_____________________篇2Cooperative Operating ContractThis Cooperative Operating Contract (“Contract”) is made and entered into on this _____ day of _____, 20__, between [Company Name], a company organized and existing under the laws of [Country], with its principal place of business at [Address], hereinafter referred to as “Company A”, and [Company Name], a company organized and existing under the laws of [Country], with its principal place of business at [Address], hereinafter referred to as “Company B”.WHEREAS, Company A and Company B desire to enter into a cooperative operating agreement to jointly operate a business in the field of [industry], andWHEREAS, both parties agree to abide by the terms and conditions set forth in this Contract;NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:1. Purpose of AgreementCompany A and Company B agree to jointly operate a business in the field of [industry]. The specific activities to becarried out under this Contract include but are not limited to [list of activities and responsibilities].2. Term and TerminationThis Contract shall commence on the date first written above and shall continue until [termination date]. Either party may terminate this Contract upon [number] days' written notice to the other party.3. Operating Responsibilities3.1 Company A shall be responsible for [list of responsibilities and duties].3.2 Company B shall be responsible for [list of responsibilities and duties].3.3 Both parties shall share the profits and losses of the business in proportion to their respective contributions.4. Investment and FinancingEach party shall make an initial investment of [amount] to fund the operations of the business. Any additional financing required shall be agreed upon by both parties in writing.5. ConfidentialityBoth parties agree to keep all business information and trade secrets confidential and not disclose them to any third party without the prior written consent of the other party.6. Dispute ResolutionAny disputes arising out of or relating to this Contract shall be resolved through mediation by a neutral third party agreed upon by both parties.7. Governing LawThis Contract shall be governed by and construed in accordance with the laws of [Country].IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first written above.[Company A]__________________________Authorized Signature[Company B]__________________________Authorized SignatureThis document constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. This Contract may be amended only in writing signed by both parties.篇3Foreign Cooperation Operating ContractThis agreement is made and entered into on the ____ day of ____, 20__, by and between ____ (hereinafter referred to as "Party A"), a company incorporated under the laws of ____ and having its principal place of business at ____ and ____ (hereinafter referred to as "Party B"), a company incorporated under the laws of ____ and having its principal place of business at ____.Whereas, Party A possesses experience, expertise, and market knowledge in the field of ____, and Party B desires to avail itself of the same in conducting business operations in the international market;Now, therefore, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:1. Formation of the Joint Venture1.1 Party A shall provide Party B with the necessary training, technical assistance, and know-how related to ____, as well as any other information or assistance that may be required for the successful operation of the business.1.2 Party B shall cooperate with Party A in diligently carrying out the agreed-upon business operations and goals, and shall conduct all business in accordance with the laws and regulations of the countries in which the business is to be carried out.2. Ownership and Management2.1 Party A shall own __% of the joint venture, and Party B shall own __% of the joint venture.2.2 The joint venture shall be managed by a board of directors consisting of ____ members appointed by Party A and ____ members appointed by Party B. The chairman of the board shall be appointed by Party A.3. Financial Arrangements3.1 Each party shall provide the necessary financial resources and capital contributions as agreed upon in the joint venture agreement.3.2 Party A shall be responsible for providing funds for the initial investment in the joint venture, while Party B shall contribute funds for operational expenses.4. Dispute Resolution4.1 In the event of any dispute arising from this agreement, the parties agree to engage in mediation and negotiation in good faith to resolve the dispute.4.2 If the dispute cannot be resolved through negotiation or mediation, the parties agree to submit the dispute to arbitration in accordance with the rules of the International Chamber of Commerce.5. Term and Termination5.1 This agreement shall remain in effect for a period of __ years from the date of execution, unless terminated earlier by mutual agreement of the parties.5.2 Either party may terminate this agreement by giving written notice to the other party of its intent to terminate at least __ days prior to the proposed termination date.In witness whereof, the parties hereto have caused this agreement to be executed by their duly authorized representatives as of the date first above written.Party A: ___________________Party B: ___________________Date: ____篇4International Joint Venture AgreementThis International Joint Venture Agreement ("Agreement") is entered into on [Date], by and between [Company], a company incorporated in [Country] ("Local Partner") and [Company], a company incorporated in [Country] ("Foreign Partner"), collectively referred to as the "Parties".WHEREAS, the Parties wish to enter into a joint venture arrangement to establish a business relationship in the [Industry] industry in [Country];NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:1. Formation of Joint VentureThe Parties shall establish a joint venture company under the laws of [Country], to be known as [Joint Venture Company]. The Parties shall each hold a [XX]% equity interest in the Joint Venture Company.2. Scope of BusinessThe Joint Venture Company shall engage in the [Description of Business] business in [Country] and any other business activity agreed upon by the Parties.3. ContributionsThe Local Partner shall contribute [Description of Contribution] as its capital contribution to the Joint Venture Company. The Foreign Partner shall contribute [Description of Contribution] as its capital contribution to the Joint Venture Company.4. ManagementThe management of the Joint Venture Company shall be conducted by a Board of Directors consisting of [Number] members, with each Party having the right to appoint an equal number of directors. The chairman of the Board shall be appointed by the Local Partner.5. Financial MattersAll profits and losses generated by the Joint Venture Company shall be shared in proportion to each Party's equity interest in the Joint Venture Company. The Parties shallcontribute additional capital to the Joint Venture Company in proportion to their respective equity interests if required.6. Transfer of SharesNeither Party shall transfer or dispose of its equity interest in the Joint Venture Company without the prior written consent of the other Party.7. TerminationThis Agreement shall remain in effect until the Joint Venture Company is dissolved in accordance with the provisions of the Joint Venture Company's articles of association.8. Governing LawThis Agreement shall be governed by and construed in accordance with the laws of [Country].IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.[Local Partner][Name][Title][Foreign Partner][Name][Title]篇5Cooperative Operation ContractThis Cooperative Operation Contract ("Contract") is entered into on this 1st day of January 2022, by and between ABC Company, a corporation organized and existing under the laws of the United States of America, with its principal place of business at 123 Main Street, New York, NY 10001 ("ABC Company"), and XYZ Company, a corporation organized and existing under the laws of China, with its principal place of business at 456 Beijing Road, Beijing 100001 ("XYZ Company").WHEREAS, ABC Company and XYZ Company desire to enter into a cooperative operation in order to mutually benefit from each other's expertise, technology, and resources for the purpose of developing, manufacturing, and distributing certain products in the international market;NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:1. Scope of Cooperation1.1 ABC Company and XYZ Company shall collaborate on the development, manufacturing, and distribution of[product/service]. Both Parties shall contribute their expertise, technology, and resources towards achieving the goals of this cooperation.1.2 The Parties shall cooperate in accordance with the terms and conditions set forth in this Contract, as well as any additional agreements that may be entered into between the Parties.2. Obligations of ABC Company2.1 ABC Company shall provide XYZ Company with access to its proprietary technology, research, and development data related to [product/service].2.2 ABC Company shall provide XYZ Company with technical support and training as necessary for the development and manufacturing of [product/service].2.3 ABC Company shall be responsible for the marketing and distribution of [product/service] in the United States and other designated international markets.3. Obligations of XYZ Company3.1 XYZ Company shall provide ABC Company with access to its manufacturing facilities, equipment, and resources for the production of [product/service].3.2 XYZ Company shall manufacture [product/service] in accordance with the quality standards set forth by ABC Company.3.3 XYZ Company shall be responsible for the marketing and distribution of [product/service] in China and other designated international markets.4. Intellectual Property4.1 All intellectual property rights, including but not limited to patents, trademarks, copyrights, and trade secrets, related to the development, manufacturing, and distribution of [product/service] shall remain with the Party that owns such intellectual property rights.4.2 Any improvements or modifications made to the intellectual property of either Party during the course of this cooperation shall be jointly owned by both Parties.5. Confidentiality5.1 Both Parties agree to maintain the confidentiality of any proprietary information, trade secrets, and other confidentialinformation disclosed by either Party during the term of this Contract.5.2 The confidentiality obligations set forth in this Contract shall survive the termination of this Contract for a period of [number] years.6. Term and Termination6.1 This Contract shall commence on the effective date and shall continue for a period of [number] years unless terminated earlier by mutual agreement of the Parties.6.2 Either Party may terminate this Contract upon written notice to the other Party in the event of a material breach of any provision of this Contract by the other Party.7. Governing Law and Dispute Resolution7.1 This Contract shall be governed by and construed in accordance with the laws of the State of New York, USA.7.2 Any disputes arising out of or in connection with this Contract shall be resolved through amicable negotiations between the Parties. If the Parties are unable to reach a resolution, the dispute shall be submitted to arbitration in accordance with the rules of the American Arbitration Association.IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of the date first above written.ABC Company: ________________________XYZ Company: ________________________Signature: _________________Print Name: ________________Title: ________________Signature: _________________Print Name: ________________Title: ________________This Contract is subject to the approval of the Board of Directors of each Party.篇6International Joint Venture AgreementThis Agreement is made and entered into as of [Date], by and between [Company Name], a corporation organized and existing under the laws of [Country], with its principal place of business located at [Address] (hereinafter referred to as "Company A"), and [Company Name], a corporation organizedand existing under the laws of [Country], with its principal place of business located at [Address] (hereinafter referred to as "Company B").WHEREAS, Company A and Company B desire to enter into a joint venture to [Specify Purpose of Joint Venture];NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein, the parties agree as follows:1. Formation of Joint VentureThe parties shall establish a joint venture (the "Joint Venture") for the purpose of [Specify Purpose of Joint Venture]. The Joint Venture shall be operated as a separate legal entity, with Company A and Company B each owning a [Specify Percentage] interest in the Joint Venture.2. Management and ControlThe affairs of the Joint Venture shall be managed by a board of directors consisting of [Specify Number] directors, with each party entitled to appoint [Specify Number] directors to the board. The board shall have the powers and authority to manage and control the operations of the Joint Venture.3. Capital ContributionsCompany A agrees to contribute [Specify Amount] to the capital of the Joint Venture, while Company B agrees to contribute [Specify Amount]. The parties shall make their respective contributions in [Specify Currency] no later than [Date].4. Distribution of Profits and LossesThe profits and losses of the Joint Venture shall be allocated to Company A and Company B in proportion to their respective ownership interests. Any distributions of profits shall be made in accordance with the distribution policy to be adopted by the board of directors.5. DissolutionThe Joint Venture shall continue in existence until [Specify Duration], unless earlier dissolved in accordance with the terms of this Agreement. In the event of dissolution, the assets of the Joint Venture shall be distributed to the parties in proportion to their respective ownership interests after the satisfaction of all liabilities.6. ConfidentialityThe parties agree to keep confidential all information and materials relating to the Joint Venture, unless otherwise required by law or authorized in writing by the other party.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.[Company Name A]By:_________________________Name:_______________________Title:______________________[Company Name B]By:_________________________Name:_______________________Title:______________________This Agreement serves as a binding contract between Company A and Company B for the establishment and operation of a joint venture. It outlines the rights, responsibilities, and obligations of each party, ensuring a clear and mutually beneficial partnership.。
中外合作经营合同英文版5篇
中外合作经营合同英文版5篇篇1Sino-Foreign Cooperative Operation ContractThis Sino-Foreign Cooperative Operation Contract (hereinafter referred to as the "Contract") is made and entered into by Party A, a legal entity with business registration in China, and Party B, a legal entity duly organized under the laws of (specify country), who agree to jointly engage in a cooperative operation.Definitions and InterpretationTerms used in this Contract shall be defined in accordance with the laws of China, and any ambiguity shall be resolved in accordance with the principles of good faith and business ethics.Purpose and Scope of CooperationThe purpose of this Contract is to establish a cooperative partnership between the two parties for the purpose of (specify business activity or industry) in China. The scope of cooperation includes (list specifics: such as investment, joint operation, management, technology transfer, etc.).Terms and Conditions of Cooperation1. Investment: Party A shall contribute (specify amount) in cash/assets, while Party B shall contribute (specify amount) in cash/assets or technology/expertise.2. Management Structure: The cooperative enterprise shall establish a management committee consisting of representatives from both parties. Decisions shall be made by consensus.3. Operation and Profit Distribution: Operation shall be carried out under the joint responsibility of both parties. Profits shall be distributed in accordance with the agreed ratio or specified method.4. Term of Cooperation: The term of this cooperation shall be (specify duration), with an option for renewal upon mutual agreement.5. Termination: The Contract may be terminated under certain conditions specified in the Contract, such as breach of contract, expiration of term, or mutual agreement.Intellectual Property RightsAll intellectual property rights arising from the cooperative operation shall be owned by both parties in accordance with their respective contributions and agreed ownership structure.Confidentiality and Non-CompetitionBoth parties shall maintain confidentiality of sensitive information related to the cooperative operation and refrain from any activity that may harm the interests of the other party during and after the term of this Contract.Risk Management and LiabilitiesBoth parties shall jointly bear risks related to the cooperative operation and be liable for any losses incurred in accordance with their respective responsibilities and agreements.Law and JurisdictionThis Contract shall be governed by and interpreted in accordance with the laws of China. Any dispute arising from or in connection with this Contract shall be submitted to the court(s) located in (specify location) for resolution.Miscellaneous1. This Contract is made in both Chinese and English languages, with equal validity. In case of any discrepancies, the Chinese version shall prevail.2. Any amendment or supplement to this Contract shall be made in writing and approved by both parties.3. This Contract becomes effective upon signature by both parties and shall be registered with relevant authorities in China.Party A: _________________________Party B: _________________________Date: ________________Witness: ________________(Signature Blocks for Both Parties)(Notary's Signature if Registered) (盖章或签字)位置自行处理)请确保整体格式美观清晰,并符合中英文合同规范。
英文版中外合作经营合同范本3篇
英文版中外合作经营合同范本3篇篇1CONTRACT OF COOPERATION FOR BUSINESS OPERATION BETWEEN CHINESE AND FOREIGN PARTIES合同编号:_____________甲方(中方):________________________ (以下简称“中方”)Party A (Chinese Party): ________________________ (hereinafter referred to as "the Chinese Party")乙方(外方):________________________ (以下简称“外方”)Party B (Foreign Party): ________________________ (hereinafter referred to as "the Foreign Party")鉴于甲乙双方同意共同合作经营某项业务,在平等互利的基础上,经过友好协商,达成如下协议:WHEREAS Party A and Party B agree to jointly operate a business on the basis of equality and mutual benefit, andthrough friendly consultation, the parties hereby conclude the following agreement:一、合同目的与宗旨This Contract is made for the purpose of establishing a cooperative business operation between the two parties, aiming at mutual success and benefit through joint efforts.二、合作经营项目The cooperative business project is: ________________________ (具体项目描述)。
有关中外合作经营合同范本格式(英文)2篇
有关中外合作经营合同范本格式(英文)2篇篇1Sino-Foreign Cooperative Management ContractParty A: [Name of Chinese Partner]Party B: [Name of Foreign Partner]This Sino-Foreign Cooperative Management Contract (hereinafter referred to as the "Contract") is made and entered into by Party A and Party B through friendly consultation on [Date of Contract Formation]. The Contract is subject to the laws of the People's Republic of China.Article 1: Purpose and ObjectiveThe purpose of this Contract is to establish a Sino-Foreign Cooperative Enterprise (hereinafter referred to as the "Enterprise") for the purpose of [specify purpose, e.g., manufacturing, distribution, etc.] in accordance with the principles of mutual benefit and equality.Article 2: Establishment of the EnterpriseThe Enterprise shall be established in [Location of Enterprise]. The registered capital of the Enterprise shall be determined by both parties in accordance with relevant laws and regulations.Article 3: Scope of CooperationThe scope of cooperation between the parties shall include [specify scope, e.g., specific products, services, technologies, etc.]. The parties shall jointly develop and implement projects within this scope.Article 4: Investment and OwnershipArticle 5: Management StructureThe Enterprise shall establish a board of directors consisting of representatives from both parties. The board shall be responsible for major decisions and policies of the Enterprise. Day-to-day management shall be entrusted to a management team nominated by the board.Article 6: Operation and ManagementThe operation and management of the Enterprise shall be conducted in accordance with relevant laws, regulations and this Contract. Both parties shall jointly participate in majordecision-making processes and ensure smooth operation of the Enterprise.Article 7: Profit DistributionProfits generated by the Enterprise shall be distributed according to the ownership structure agreed upon by both parties. Details of profit distribution shall be specified in a separate agreement.Article 8: Risk SharingBoth parties shall share risks associated with the operation of the Enterprise in accordance with their respective ownership shares. In case of losses incurred by the Enterprise, both parties shall bear their respective responsibilities in proportion to their ownership shares.Article 9: Term of CooperationThe term of this cooperation shall be [specify term, e.g., twenty years]. After the expiration of the term, the cooperation may be renewed upon mutual agreement.Article 10: Contract Amendment and TerminationAny amendment or termination of this Contract must be agreed upon by both parties in writing. In case of termination,the remaining assets and liabilities of the Enterprise shall be disposed of in accordance with relevant laws and regulations.Article 11: Intellectual Property RightsAll intellectual property rights arising from the cooperation shall be owned by the Enterprise or used by the Enterprise under license from the respective owner party. Both parties shall ensure that no infringement of intellectual property rights occurs during the cooperation.Article 12: Dispute ResolutionAny dispute arising from or in connection with this Contract shall be resolved through friendly consultation between both parties. If consultation fails, either party may submit the dispute to [specify arbitration institution or court] for arbitration or litigation.Article 13: MiscellaneousThis Contract constitutes the entire agreement between both parties pertaining to the cooperation. Any prior agreements or understandings not explicitly stated in this Contract are hereby deemed null and void. This Contract shall be binding on both parties and their legal representatives.IN WITNESS WHEREOF, both parties have signed this Contract in duplicate with each party holding one original copy. This Contract is effective from the date of signing below.Party A Representative (Signature): _____________________ Date: _____________篇2Sino-Foreign Cooperative Management ContractThis Sino-Foreign Cooperative Management Contract (hereinafter referred to as the "Contract") is made and executed on [Date] by and between [Chinese Party Name] and [Foreign Party Name] (hereinafter collectively referred to as the "Parties").Article 1: Contract ObjectiveThe objective of this Contract is to establish a cooperative management structure for the operation of a business venture, which shall be carried out in accordance with the principles of mutual respect, equality, fairness, and mutual benefit.Article 2: Scope of CooperationThe Parties shall cooperate in the field of [specify the business or industry]. The specific projects, operation mode, and investment plans shall be determined by the Joint Management Committee.Article 3: Investment and Ownership1. The investment breakdown shall be as follows: Chinese Party investing [amount] and Foreign Party investing [amount].2. Ownership structure shall reflect the investment ratio. The specific ownership percentage shall be determined by the Joint Management Committee.Article 4: Management Structure1. The enterprise shall establish a Joint Management Committee consisting of representatives from both parties.2. The Committee shall be responsible for major decisions such as budget, profit distribution, and business expansion.3. Day-to-day operational matters shall be managed by a designated management team under the guidance of the Joint Management Committee.Article 5: Operation and Management1. The enterprise shall follow the principles of sound management and sound accounting.2. Each Party shall appoint qualified personnel to key positions in accordance with their expertise and skills.3. The enterprise shall establish a sound personnel management system and provide necessary training to employees.Article 6: Financial Affairs1. Detailed financial plans, including revenue, expenditure, profits, and losses shall be prepared and reviewed by the Joint Management Committee.2. Audit reports shall be conducted regularly by an independent auditor appointed by both parties.3. Profit distribution shall be based on ownership ratio unless otherwise agreed by the Joint Management Committee.Article 7: Intellectual Property1. All intellectual property generated during the operation of this enterprise shall be owned jointly by both parties in proportion to their ownership stake.2. Each Party shall have the right to use its own trademarks, patents, and other intellectual property rights in accordance with this Contract.Article 8: Contract Duration and Termination1. This Contract shall be valid for a period of [specify duration].2. Termination of this Contract shall be subject to mutual agreement or in accordance with Article XX of this Contract.3. In case of termination, all assets and liabilities shall be distributed in accordance with Article VI of this Contract.Article 9: Dispute ResolutionAny disputes arising from the interpretation or implementation of this Contract shall be resolved through friendly negotiation between the Parties. If no settlement can be reached, the dispute shall be submitted to [specify dispute resolution mechanism].Article 10:MiscellaneousThe Parties have read and fully understand this Contract and agree to be bound by its terms and conditions.Chinese Party: _________________________ (Signature) Date: _________Foreign Party: _________________________ (Signature) Date: _________---END OF CONTRACT---。
中外合作经营合同格式(中英文)
中外合作经营合同格式(中英文)一、合同双方甲方(中方):_________(以下简称“甲方”)乙方(外方):_________(以下简称“乙方”)二、合作内容1.甲方和乙方依据双方在_______(国)的国家特定法律、法规,就_________(详细解释合作内容)达成以下合作协议。
2.甲方和乙方将以合作共建的方式共同经营_______(具体合作项目),双方均承担相应的责任和义务。
三、合作期限1.本合同自甲方和乙方签署之日起生效,有效期为_______年。
届满后,如双方无异议,可续签。
续签期限为_______年。
2.本合同终止后,双方应按照有关国家特定法律、法规进行结算和清算。
四、甲方的义务1.甲方应提供以下支持和帮助:–提供_______(具体支持和帮助内容)。
–协助乙方办理_______(相关手续或事项)。
2.甲方有权对乙方的经营情况进行监督和检查,并提供必要的指导和帮助。
3.甲方应保证提供的信息真实、准确,并在合理范围内协助乙方开展业务。
五、乙方的义务1.乙方应提供以下支持和帮助:–提供_______(具体支持和帮助内容)。
–遵守当地的法律、法规,不得从事违法违规的经营行为。
2.乙方应按照甲方的要求提供必要的信息和文件,并在合理范围内配合甲方的监督和检查工作。
3.乙方应按时向甲方交付相关经营报告和财务报表,并接受甲方的审查。
六、双方权益1.合作期间,双方享有在合同约定范围内的利益和权益。
2.在合作过程中,双方应互相尊重和保护对方的商业秘密和知识产权,并严禁无关人员获取或泄露相关信息。
七、合同解除和违约责任1.在合同期限内,如果甲方或乙方有以下情况之一,对方有权解除本合同并要求违约方承担相应的违约责任:–严重违反国家法律、法规;–重大失职或渎职行为;–经营活动严重损害对方权益;–其他严重违反合同约定的情况。
2.合同解除后,违约方应按照合同约定支付相应违约金,并承担由此造成的损失。
八、争议解决合同的解释、履行和争议解决均适用_______(国家)的国家特定法律法规。
中外合作经营合同格式英文完整版
中外合作经营合同格式英文HEN system office room 【HEN16H-HENS2AHENS8Q8-HENH1688】中外合作经营合同格式(英文)THE CONTRACT FOR SINO-FOREIGN COOPERATIVE JOINT VENTUREWhole Doc.Chapter 1 General ProvisionsIn accordance with the Law of the People's Republic of China on Chinese-Foreign Cooperative Joint Ventures and other relevant Chinese laws and regulations, _______________Company and _________Company, in accordance with the principle of equality and mutual benefit and through friendly consultations, agree to jointly set up a Cooperative venture in _______ the People's Republic of China.Chapter 2 Parties of the Cooperative VentureArticle 1Parties to this contract are as follows: _________Company (hereinafter referred to as Party A), registered with ______in China, and its legal address is at____________(street)_______(district)_____________(city)_____________China.Legal representative: Name:Position:Nationality:___________Company (hereinafter referred to as Party B), registered with_______. Its legal address at___________.Legal representative: Name:Position:Nationality:(Note: In case there are more than two investors, they will be called Party C, D... in proper order).Chapter 3 Establishment of the Cooperative Venture CompanyArticle 2In accordance with the Cooperative Venture Law and other relevant Chinese laws and regulations, both parties of the Cooperative venture agree to set up ___________Cooperative venture limited liability company (hereinafter referred to as the Cooperative venture company). Article 3The name of the Cooperative venture company is______________ Limited Liability Company. The name in foreign language is _________. The legal address of the joint venture company is at__________street________(city)____________province.Article 4All activities of the Cooperative venture company shall be governed by the laws, decrees and pertinent rules and regulations of the People's Republic of China.Article 5The organization form of the Cooperative venture company is a limited liability company. The profits, risks and losses of the Cooperative venture company shall be shared by the parties according to the relevant provisions thereafter.Chapter 4 The Purpose, Scope and Scale of Production and Business Article 6The goals of the parties to the Cooperative venture are to enhance economic cooperation technical exchanges, to improve the product quality, develop new products, and gain a competitive position in the world market in quality and price by adopting advanced and appropriate technology and scientific management methods, so as to raise economic results and ensure satisfactory economic benefits for each Cooperator.(Note: This article shall be written according to the specific situations in the contract).Article 7The productive and business scope of the Cooperative venture company is to produce ________products; provide maintenance service after the sale of the products; study and develop new products.(Note: It shall be written in the contract according to the specific conditions).Article 8The production scale of the Cooperative venture company is as follows: 1. The production capacity after the Cooperative venture is put into operation is _________.2. The production scale may be increased up to_____________ with the development of the production and operation. The product varieties may be developed into ____________.(Note: It shall be written according to the specific situation). Chapter 5 Total Amount of Investment and the Registered CapitalArticle 9The total amount of investment of the Cooperative venture company is RMB____________(or a foreign currency agreed upon by both parties). Article 10The registered capital of the joint venture company is RMB__________.(Exclusive of the right to the use of the site or theright to the exploitation of the natural resources and premises contributed by Party A.)Article 11Party A and Party B will contribute the following to the cooperative venture:Party A: premises__________m2 the right to the use of thesite_________m2Party B: cash ______________Yuan machines and equipment____________Yuan industrial property __________Yuan others_____________Yuan, ___________Yuan in all.(Note: When contributing industrial property as investment, Party A and Party B shall conclude a separate contract to be a part of this main contract).Article 12The right to the use of site contributed by Party A shall be for the use of the cooperative venture company within _______________days after the approval of the contract.The cash contributed by Party B shall be paid in_______________ installment. Each installment shall be as follows: (Note: it shall be written according to the concrete conditions).Article 13The machines and equipment contributed by Party B as investment shall meet the needs of the cooperative venture company, and shall be carried to the Chinese port_________ days before the completion of the premises construction.Chapter 6 Responsibilities of Each Party to the Joint VentureArticle 14Party A and Party B shall be respectively responsible for the following matters:Responsibilities of Party A:Handling of applications for approval, registration, business license and other matters concerning the establishment of the cooperative venture company from relevant departments in charge of China; Processing the application for the right to the use of a site to the authority in charge of the land;Organizing the design and construction of the premises and other engineering facilities of the cooperative venture company;Assisting Party B to process import customs declaration for the machinery and equipment contributed by Party B as investment and arranging the transportation within the Chinese territory;Assisting the cooperative venture company in purchasing or leasing equipment, materials, raw materials, articles for office use, means of transportation and communication facilities etc.;Assisting the cooperative venture company in contacting and settling the fundamental facilities such as water, electricity, transportation etc.;Assisting the cooperative venture in recruiting Chinese management personnel, technical personnel, workers and other personnel needed; Assisting foreign workers and staff in applying for entry visas, work licenses and handling their travel procedures;Responsible for handling other matters entrusted by the cooperative venture company.Responsibilities of Party B:Providing cash, machinery and equipment, industrial property... in accordance with the provisions of Article 11 and Article 12, 13, and responsible for shipping capital goods such as machinery and equipment etc. contributed as investment to a Chinese port;Handling the matters entrusted by the cooperative venture company, such as selecting and purchasing machinery and equipment outside China, etc.;Providing necessary technical personnel for installing, testing and trial production of the equipment as well as the technical personnel for production and inspecting;Training the technical personnel and workers of the cooperative venture company;In case Party B is the licensor, it shall be responsible for the stable production of qualified products of the cooperative venture company in the light of design capacity within the specified period; Responsible for other matters entrusted by the joint venture company. (note: It shall be written according to the specific situation). Chapter 7 Distribution of Profits and Repayment for Party B's InvestmentArticle 15The cooperative venture company shall distribute its profits in accordance with the following procedure after paying the income tax: ____________% as allocations for reserve funds, expansion funds, welfare funds and bonuses for staff and workers of the cooperative venture company;____________% as repayment for Party B's Investment and___________Years scheduled to pay back all Party B's Investment;____________% of the left distributed to Party A and ___________% to Party B.Chapter 8 Selling of ProductsArticle 16The products of cooperative venture company will be sold both on the Chinese and the overseas market, the export portion accounts for____________%, ____________% for the domestic market.(Note: An annual percentage and amount for outside and domestic selling will be written out according to practical operations, in normal conditions, the amount for export shall at least meet the needs of foreign exchange expenses of the joint venture company). Article 17Products may be sold on overseas markets through the following channels:The cooperative venture company may directly sell its products on the international market, accounting for _________%.The cooperative venture company may sign sales contracts with Chinese foreign trade companies, entrusting them to be the sales agencies or exclusive sales agencies, accounting for __________%.The cooperative venture company may entrust Party B to sell its products, accounting for ________%.Article 18The cooperative venture's products to be sold in China may be handled by the Chinese materials and commercial departments by means of agency or exclusive sales, or may be sold by the cooperative venture company directly.Article 19In order to provide maintenance service to the products sold both in China or abroad, the cooperative venture company may set up sales branches for maintenance service both in China or abroad subject to the approval of the relevant Chinese department.Chapter 9 The Board of DirectorsArticle 20The date of registration of the cooperative venture company shall be the date of the establishment of the board of directors of the cooperative venture company.Article 21The board of directors is composed of ____________directors, of which ___________shall be appointed by Party A, ____________by Party B. The chairman of the board shall be appointed by Party A, and its vice-chairman by Party B. The term of office for the directors, chairmanand vice-chairmans four years, their term of office may be renewed if continuously appointed by the relevant party.Article 22The highest authority of the cooperative venture company shall be its board of directors. It shall decide all major issues concerning the cooperative venture company. Unanimous approval shall be required for any decisions concerning major issues. As for other matters, approval by majority or a simple majority shall be required.(Note: It shall be explicitly set out in the contract).Article 23The chairman of the board is the legal representative of the cooperative venture company. Should the chairman be unable toexercise his responsibilities for any reason, he shall authorize the vice-chairman or any other directors to represent the joint venture company temporarily.Article 24The board of directors shall convene at least one meeting every year. The meeting shall be called and presided over by the chairman of the board. The chairman may convene an interim meeting based on aproposal made by more than one third of the total number of directors. Minutes of the meetings shall be placed on file.Article 25The meeting shall be valid only when more than two thirds of thetotal number of directors attend. In case of absence, the director shall entrust another person to attend and vote for him with a trust deed.Chapter 10 Business Management OfficeArticle 26The cooperative venture company shall establish a management office which shall be responsible for its daily management. The management office shall have a general manager, appointed by Party _____,______deputy general managers, _____by Party _____; _____by Party______. The general manager and deputy general managers whose terms of office is _____years shall be appointed by the board of directors. Article 27The responsibility of the general manager is to carry out the decisions of the board and organize and conduct the daily management of the cooperative venture company. The deputy general managers shall assist the general manager in his work.Article 28The general manager shall report to the board of directors the operation conditions of the cooperative company every three months, and make a financial report every six months.Article 29In case of graft or serious dereliction of duty on the part of the general manager and deputy general managers, the board of directors shall have the power to dismiss them at any time.Chapter 11 Labor ManagementArticle 30Labor contract covering the recruitment, employment, dismissal and resignation, wages, labor insurance, welfare, rewards, penalties and other matters concerning the staff and workers of the cooperative venture company shall be drawn up between the cooperative venture company and the trade union of the cooperative venture company as a whole, or the individual employees in the cooperative venture company as a whole or individual employees in accordance with the law of the People's Republic of China on Chinese-Foreign Cooperative Joint Ventures. The labor contracts shall, after being signed, be filed with the local labor management department.Article 31The appointment of high-ranking administrative personnel recommended by both parties, their salaries, social insurance, welfare and the standard of travelling expenses etc. shall be decided by the meeting of the board of directors.Chapter 12 Taxes, Finance and AuditArticle 32The cooperative venture company shall pay taxes in accordance with the provisions of Chinese laws and other relative regulations.Article 33Staff members and workers of the cooperative venture company shall pay individual income tax according to the Individual Income Tax Law of the People's Republic of China.Article 34The fiscal year of the joint venture company shall be from January 1 to December 31. All vouchers, receipts, statistic statements and reports shall be written in Chinese.(Note: A foreign language can be used concurrently with mutual consent).Article 35Financial checking and examination of the cooperative venture company shall be conducted by an auditor registered in China and reportsshall be submitted to the board of directors and the general manager. In case Party B considers it necessary to employ a foreign auditor registered in another country to undertake annual financial checking and examination, Party A shall give its consent. All the expenses thereof shall be borne by Party B.Article 36In the first three months of each fiscal year, the manager shall prepare the previous year's balance sheet, profit and loss statement and proposal regarding the disposal of profits, and submit them to the board of directors for examination and approval.Chapter 13 Duration of the Cooperative VentureArticle 37The duration of the cooperative venture company is______ years. The establishment date of the joint venture company shall be the date on which the business license of the cooperative venture company is issued.An application for the extension of the duration, proposed by one party and unanimously approved by the board of directors, shall be submitted to the Ministry of Foreign Trade and Economic Cooperation(or the examination and approval authority entrusted by it) six months prior to the expiry date of the joint venture.Chapter 14 The Disposal of Assets after the Expiration of the DurationArticle 38Upon the expiration of the duration, the assets shall belong to Party A.Chapter 15 InsuranceArticle 39Insurance policies of the joint venture company on various kinds of risks shall be underwritten with the People's Republic of China. Types, value and duration of insurance shall be decided by the board of directors in accordance with the provisions of the People's Insurance Company of China.Chapter 16 The Amendment, Alteration and Termination of the Con-tractArticle 40The amendment of the contract or other appendices shall come into force only after a written agreement has been signed by Party A and Party B and approved by the original examination and approval authority.Article 41In case of inability to fulfil the contract or to continue operation due to heavy losses in successive years as a result of force majeure, the duration of the cooperative venture and the contract shall be terminated before the time of expiration after being unanimously agreed upon by the board of directors and approved by the original examination and approval authority.Chapter 17 Liability for Breach of ContractArticle 42Should the cooperative venture company be unable to continue its operation or achieve its business purpose due to the fact that one of the contracting parties fails to fulfil the obligations prescribed by the contract and articles of association, or seriously violates the provisions of the contract and articles of association, that party shall be deemed to have unilaterally terminated the contract. The other party shall have the right to terminate the contract in accordance with the provisions of the contract after approval by the original examination and approval authority, and to claim damages. In case Party A and Party B of the cooperative venture company agree to continue the operation, the party who fails to fulfil its obligationsshall be liable for the economic losses caused thereby to the joint venture company.Article 43Should either Party A or Party B fail to provide on schedule the contributions in accordance with the provisions defined in Chapter 5 of this contract, the party in breach shall pay to the other party________Yuan, or __________% of the contribution starting from the first month after exceeding the time limit. Should the party in breach fail to provide after ______months, _________Yuan, or_________% of the contribution shall be paid to the other party, who shall have the right to terminate the contract and to claim damages from the party in breach in accordance with the provisions of Article 42 of the contract.Article 44Should all or part of the contract and its appendices be unable to be fulfilled owing to the fault of one party, the party in breach shall bear the liability therefor. Should it be the fault of both parties, they shall bear their respective liabilities according to the actual situation.Article 45In order to guarantee the performance of the contract and its appendices, both Party A and Party B shall provide each other with bank guarantees for performance of the contract within __________days after the contract comes into force.Chapter 18 Force MajeureArticle 46Should either of the parties to the contract be prevented from executing the contract by force majeure, such as earthquake, typhoon, flood, fire, war or other unforeseen events, and their occurrence and consequences are unpreventable and unavoidable, the prevented party shall notify the other party by telegram without any delay, andwithin 15 days thereafter provide detailed information of the events and a valid document for evidence issued by the relevant public notary organization explaining the reason of its inability to execute or delay the execution of all or part of the contract. Both parties shall, through consultations, decide whether to terminate the contract or to exempt part of the obligations for implementation of the contract or whether to delay the execution of the contract according to the effects of the events on the performance of the contract.Chapter 19 Applicable LawArticle 47The formation, validity, interpretation, execution and settlement of disputes in respect of, this contract shall be governed by the relevant laws of the People's Republic of China.Chapter 20 Settlement of DisputesArticle 48Any disputes arising from the execution of, or in connection with, the contract shall be settled through friendly consultations between both parties. In case no settlement can be reached through consultations, the disputes shall be submitted to the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade for arbitration in accordance with its rules of procedure. The arbitral award is final and binding upon both parties.Article 49During the arbitration, the contract shall be observed and enforced by both parties except for the matters in dispute.Chapter 21 LanguageArticle 50The contract shal be written in Chinese and in ____________. Both language versions are equally authentic. In the event of anydiscrepancy between the two aforementioned versions, the Chinese version shall prevail.Chapter 22 Effectiveness of the Contract and MiscellaneousArticle 51The appendices drawn up in accordance with the principles of this contract are integral parts of this contract, including: the project agreement, the technology transfer agreement, the sales agreement etc. Article 52The contract and its appendices shall come into force commencing from the date of approval of the Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China (or its entrusted examination and approval authority).Article 53Should notices in connection with any party's rights and obligations be sent by either Party A or Party B by telegram or telex, etc., the Written letter notices shall be also required afterwards. The legal addresses of Party A and Party B listed in this contract shall be the posting addresses.Article 54The contract is signed in __________, China by the authorized representatives of both parties on _____, 19_______.For Party A For Party B (Signature) (Signature)。
有关中外合作经营合同范本格式(英文)5篇
有关中外合作经营合同范本格式(英文)5篇全文共5篇示例,供读者参考篇1International Joint Venture AgreementTHIS AGREEMENT is made and entered into as of [Date],BETWEEN: [Company Name], a corporation organized and existing under the laws of [Country], with its registered office located at [Address] (the "Local Company"),AND: [Foreign Company Name], a corporation organized and existing under the laws of [Country], with its registered office located at [Address] (the "Foreign Company").WHEREAS, the Local Company and the Foreign Company desire to enter into a joint venture for the purpose of operating a business [Describe nature of business] in [Country].NOW, THEREFORE, in consideration of the foregoing and of the mutual promises, covenants, and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:Article IEstablishment of Joint Venture1.1 The parties hereby establish a joint venture for the purpose of [Describe purpose of the joint venture] (the "Joint Venture").1.2 The Joint Venture shall be known as [Joint Venture Name] and shall have its registered office at [Address].Article IIBusiness of Joint Venture2.1 The business of the Joint Venture shall be [Describe business activities].2.2 The Local Company and the Foreign Company shall each provide their respective expertise, resources, and capital to the Joint Venture in accordance with the terms of this Agreement.Article IIICapital Contribution3.1 The Local Company shall contribute [Amount] to the Joint Venture as its capital contribution.3.2 The Foreign Company shall contribute [Amount] to the Joint Venture as its capital contribution.3.3 The capital contributions of the Local Company and the Foreign Company shall be used for the operation of the Joint Venture in accordance with a budget to be approved by the Board of Directors.Article IVManagement of Joint Venture4.1 The Joint Venture shall be managed by a Board of Directors consisting of [Number] directors, with [Number] directors appointed by the Local Company and [Number] directors appointed by the Foreign Company.4.2 The Board of Directors shall have the authority to make all decisions relating to the operation of the Joint Venture, including but not limited to the approval of the budget, hiring of employees, and entering into contracts on behalf of the Joint Venture.Article VDistribution of Profits and Losses5.1 Profits and losses of the Joint Venture shall be distributed equally between the Local Company and the Foreign Company.5.2 The Local Company and the Foreign Company shall each be entitled to receive their respective share of profits and shall be responsible for their respective share of losses.Article VITerm and Termination6.1 This Agreement shall commence on the date first written above and shall continue in effect until terminated by mutual agreement of the parties or by operation of law.6.2 In the event of termination of this Agreement, the parties shall cooperate in winding up the affairs of the Joint Venture and shall distribute any remaining assets in accordance with their respective capital contributions.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written.[Signature of Local Company Representative][Printed Name of Local Company Representative][Title of Local Company Representative][Signature of Foreign Company Representative][Printed Name of Foreign Company Representative][Title of Foreign Company Representative]篇2Cooperative Operating AgreementThis Agreement is made and entered into by and between [Company A], a company incorporated and existing under the laws of [Country A], with its principal place of business at [Address A], and [Company B], a company incorporated and existing under the laws of [Country B], with its principal place of business at [Address B], collectively referred to as the "Parties".Whereas, the Parties desire to enter into a cooperative operating agreement to jointly operate a business venture, it is agreed as follows:1. Business Venture: The Parties shall collaborate in the operation of a [describe the nature of the business venture] business, to be conducted at [Location of the business venture]. The Parties shall share the responsibilities and profits of the business venture equally.2. Term: This Agreement shall commence on the date of signing and shall continue for a period of [length of term], unless terminated by mutual agreement of the Parties.3. Responsibilities:a. Company A shall be responsible for [list of responsibilities of Company A].b. Company B shall be responsible for [list of responsibilities of Company B].c. The Parties shall consult and make joint decisions on major business matters.4. Profit Sharing: The Parties shall share profits of the business venture equally, after deducting all expenses and taxes.5. Governing Law: This Agreement shall be governed by the laws of [Country A/B], without regard to its conflict of law provisions.6. Confidentiality: The Parties agree to maintain the confidentiality of any business information shared between them.7. Termination: Either Party may terminate this Agreement with [length of notice period] prior written notice to the other Party.8. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes any prior agreements or understandings, written or oral.In witness whereof, the Parties have executed this Agreement as of the date first written above.[Signature of Company A][Name of Signatory][Title of Signatory][Signature of Company B][Name of Signatory][Title of Signatory]篇3Cooperative Operation ContractThis Cooperative Operation Contract (the “Contract”) is entered into on [date] between [Chinese Company Name] (“Chinese Company”) and [Foreign Company Name](“Foreign Company”) (collectively referred to as the “Parties”).1. Purpose and Scope of Cooperation1.1 Chinese Company and Foreign Company agree to establish a cooperative venture to jointly operate a business in [describe the industry or specific business] within [name of country].1.2 The Parties shall collaborate in the following areas:- [List specific areas of cooperation, such as marketing, distribution, research and development, etc.]1.3 The Parties agree to work together to achieve mutual benefits and promote the growth of their respective businesses.2. Responsibilities of the Parties2.1 Chinese Company’s Responsibilitie s:- [List the specific responsibilities of Chinese Company, such as providing funding, resources, technology, etc.]2.2 Foreign Company’s Responsibilities:- [List the specific responsibilities of Foreign Company, such as providing expertise, market knowledge, etc.]2.3 The Parties shall cooperate closely and communicate effectively to ensure the success of the joint venture.3. Term of the Contract3.1 This Contract shall commence on [date] and continue fora period of [duration], unless terminated earlier in accordance with the provisions of this Contract.3.2 Either Party may terminate this Contract by providing written notice to the other Party at least [number] days prior to the intended termination date.4. Payment and Profit Sharing4.1 Chinese Company and Foreign Company shall share the profits generated from the cooperative venture based on the following formula: [specify the profit sharing ratio].4.2 The Parties shall discuss and agree on the payment terms for the cooperative venture, including any upfront payments, milestone payments, etc.5. Confidentiality5.1 The Parties agree to keep confidential any information, data, or materials shared during the course of the cooperative venture.5.2 The Parties shall not disclose any confidential information to third parties without the other Party’s prior written consent.6. Governing Law6.1 This Contract shall be governed by and interpreted in accordance with the laws of [country].6.2 Any disputes arising from this Contract shall be resolved through amicable negotiations between the Parties. If no resolution can be reached, the dispute shall be submitted to arbitration in [city], in accordance with the rules of [arbitration institution].7. Miscellaneous Provisions7.1 This Contract constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.7.2 This Contract may only be amended in writing and signed by both Parties.7.3 This Contract may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.In witness whereof, the Parties hereto have executed this Contract as of the date first above written.[Chinese Company Name]By: ____________________________Name: __________________________Title: ___________________________[Foreign Company Name]By: ____________________________Name: __________________________Title: ___________________________(Date)篇4International Co-Management Contract TemplateThis International Co-Management Contract (“Contract”) is made and entered into as of [Date], by and between [Party A], a company organized and existing under the laws of [Country], with its principal place of business located at [Address] (“Party A”) and [Party B], a company organized and existing under thelaws of [Country], with its principal place of business located at [Address] (“Party B”).WHEREAS, Party A is engaged in the business of [Describe Business], and Party B is engaged in the business of [Describe Business];WHEREAS, Party A and Party B desire to enter into aco-management arrangement in relation to [Describe Purpose of Co-Management Arrangement];NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:1. Co-Management Arrangement. Party A and Party B shall engage in a co-management arrangement with respect to [Describe Purpose of Co-Management Arrangement].2. Term. This Contract shall commence on [Date] and shall continue for a period of [Term of Contract] unless terminated earlier in accordance with the provisions of this Contract.3. Duties of Party A. Party A shall be responsible for [Describe Duties of Party A].4. Duties of Party B. Party B shall be responsible for [Describe Duties of Party B].5. Confidentiality. Party A and Party B agree to maintain the confidentiality of all information exchanged between them in connection with this Contract.6. Termination. This Contract may be terminated by either party upon [Notice Period] written notice to the other party.7. Governing Law. This Contract shall be governed by and construed in accordance with the laws of [Governing Law].8. Entire Agreement. This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first above written.[Signature Page][Party A]By: _______________________Name: _____________________Title: ______________________[Party B]By: _______________________Name: _____________________Title: ______________________This is a sample International Co-Management Contract template. Parties should consult with legal counsel in drafting their specific contracts to ensure compliance with relevant laws and regulations.篇5International Joint Venture AgreementThis International Joint Venture Agreement ("Agreement") is entered into as of [Date], by and between [Party A], a company organized and existing under the laws of [Country], with its principal place of business at [Address], and [Party B], a company organized and existing under the laws of [Country], with its principal place of business at [Address].WHEREAS, the parties desire to establish a joint venture for the purpose of [Purpose of Joint Venture]; andWHEREAS, the parties wish to set forth the terms and conditions of their joint venture relationship;NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the parties agree as follows:1. Formation of Joint Venture. The parties agree to form a joint venture (the "Joint Venture") for the purpose of conducting the business of [Business Activity]. The Joint Venture shall be a separate legal entity with its own assets, liabilities, and rights.2. Capital Contribution. Each party shall contribute [Amount] in cash or assets to the Joint Venture. The parties shall hold their respective contributions in the following proportions: [Party A] shall hold [Percentage]% and [Party B] shall hold [Percentage]% of the Joint Venture.3. Management. The management of the Joint Venture shall be conducted by a management committee consisting of [Number] members, [Number] of which shall be appointed by [Party A] and [Number] of which shall be appointed by [Party B]. Decisions of the management committee shall be made by a majority vote.4. Distribution of Profits. Profits and losses of the Joint Venture shall be distributed in proportion to the parties' respective contributions to the Joint Venture. The parties shall receive their share of profits on a quarterly basis.5. Term of Agreement. This Agreement shall commence on the date of its execution and shall continue for a period of [Number] years, unless earlier terminated by mutual agreement of the parties.6. Termination. This Agreement may be terminated by either party with [Number] days' prior written notice to the other party. In the event of termination, the parties shall wind up the affairs of the Joint Venture within a reasonable time and distribute the assets and liabilities of the Joint Venture in accordance with their respective ownership interests.7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of [Country].IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.[Party A]By: ______________________________Name: ____________________________Title: ____________________________[Party B]By: ______________________________Name: ____________________________ Title: ____________________________。
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中外合作经营合同格式(英文)THE CONTRACT FOR SINO-FOREIGN COOPERATIVE JOINT VENTUREWhole Doc.Chapter 1 Gen eral Provisi onsIn accordanee with the Law of the People 's Republic of Chin-a on ChineseForeig n Cooperative Joint Ven tures and other releva nt Chin ese laws and regulati ons, Compa ny and _____________ Compa ny, in accorda nee with the prin ciple of equality and mutual ben efit and through frien dly con sultati ons, agree to join tly set up a Cooperative venture in the People 's Republic of ChinaChapter 2 Parties of the Cooperative Ven tureArticle 1Parties to this con tract are as follows: __ Compa ny (here in after referred to as Party A), registered with _____ in China, and its legal address is at ______________ (street) _____ (district) ___________ (city) __________ Chi na.Legal represe ntative: Name:Positi on:Natio nality:Compa ny (here in after referred to as Party B), registered with . Its legal address at .Legal represe ntative: Name:Positi on:Natio nality:(Note: In case there are more tha n two in vestors, they will be called Party C, D... in proper order).Chapter 3 Establishme nt of the Cooperative Ven ture Compa nyArticle 2In accorda nee with the Cooperative Ven ture Law and other releva nt Chin ese laws and regulati ons, both parties of the Cooperative ven ture agree to set up ____ Cooperative ven ture limitedliability compa ny (here in after referred to as the Cooperative ven ture compa ny).Article 3The name of the Cooperative venture company is ______________ Limited Liability Company.The n ame in foreig n Ian guage is ____ . The legal address of the joint ven ture compa ny is at___________ street ______ (city) ___________ p rovi nee.Article 4All activities of the Cooperative venture company shall be governed by the laws, decrees and pert inent rules and regulati ons of the People 's Republic of China.Article 5The organization form of the Cooperative venture company is a limited liability company. The profits, risks and losses of the Cooperative venture company shall be shared by the parties accord ing to the releva nt provisi ons thereafter.Chapter 4 The Purpose, Scope and Scale of Producti on and Bus in essArticle 6The goals of the parties to the Cooperative ven ture are to enhance econo mic cooperati on tech nical excha nges, to improve the product quality, develop new products, and gain a competitive positi on in the world market in quality and price by adopti ng adva need and appropriate tech no logy and scie ntific man ageme nt methods, so as to raise econo mic results and en sure satisfactory econo mic ben efits for each Cooperator.(Note: This article shall be written accord ing to the specific situati ons in the con tract).Article 7The productive and bus in ess scope of the Cooperative ven ture compa ny is to produce products; provide maintenance service after the sale of the products; study and develop new products. (Note: It shall be writte n in the con tract accord ing to the specific con diti on s).Article 8The product ion scale of the Cooperative ven ture compa ny is as follows:1. The producti on capacity after the Cooperative ven ture is put into operati on is .2. The product ion scale may be in creased up to ___________ with the developme nt of theproduct ion and operati on. The product varieties may be developed into ____ .(Note: It shall be writte n accord ing to the specific situati on).Chapter 5 Total Amount of In vestme nt and the Registered CapitalArticle 9The total amount of in vestme nt of the Cooperative ven ture compa ny is RMB ___ (or aforeig n curre ncy agreed upon by both parties).Article 10The registered capital of the joi nt ven ture compa ny is RMB _ .(Exclusive of the right tothe use of the site or the right to the exploitati on of the n atural resources and premises con tributed by Party A.)Article 11Party A and Party B will con tribute the follow ing to the cooperative ven ture:Party A: premises _________ m2 the right to the use of the site ____m2Party B: cash ________________ Yuan mach ines and equipme nt _____________ Y uan in dustrial property __________ Yuan others _____________ Yuan, ____________ Yuan in all.(Note: When con tributi ng in dustrial property as in vestme nt. Party A and Party B shall con clude a separate con tract to be a part of this main con tract).Article 12The right to the use of site con tributed by Party A shall be for the use of the cooperative ven ture compa ny with in _____________ days after the approval of the con tract.The cash con tributed by Party B shall be paid in _________ in stallme nt. Each in stallme ntshall be as follows: (Note: it shall be writte n accord ing to the con crete con diti on s).Article 13The machines and equipment contributed by Party B as investment shall meet the needs of the cooperative ven ture compa ny, and shall be carried to the Chin ese port ___________ days before thecompleti on of the premises con struct ion.Chapter 6 Resp on sibilities of Each Party to the Joint Ven tureArticle 14Party A and Party B shall be respectively resp on sible for the followi ng matters:Resp on sibilities of Party A:Han dli ng of applicati ons for approval, registrati on, bus in ess lice nse and other matters concerning the establishme nt of the cooperative ven ture compa ny from releva nt departme nts in charge of Chi na;Process ing the applicati on for the right to the use of a site to the authority in charge of the land; Orga nizing the desig n and con struct ion of the premises and other engin eeri ng facilities of the cooperative ven ture compa ny;Assisting Party B to process import customs declaration for the machinery and equipment con tributed by Party B as in vestme nt and arranging the tran sportati on with in the Chin ese territory; Assisting the cooperative venture company in purchasing or leasing equipment, materials, raw materials, articles for office use, means of tran sportati on and com mun icati on facilities etc.;Assisti ng the cooperative ven ture compa ny in con tact ing and settli ng the fun dame ntal facilitiessuch as water, electricity, tran sportati on etc.;Assisting the cooperative venture in recruiting Chinese management personnel, technical pers onn el, workers and other pers onnel n eeded;Assist ing foreig n workers and staff in appl ying for entry visas, work lice nses and han dli ng their travel procedures;Resp on sible for han dli ng other matters en trusted by the cooperative ven ture compa ny.Resp on sibilities of Party B:Providi ng cash, mach inery and equipme nt, in dustrial property... in accorda nee with the provisi ons of Article 11 and Article 12, 13, and resp on sible for shipp ing capital goods such as mach inery and equipme nt etc. con tributed as in vestme nt to a Chin ese port;Handling the matters entrusted by the cooperative venture company, such as selecting and purchas ing mach inery and equipme nt outside China, etc.;Providi ng n ecessary tech ni cal pers onnel for in stall ing, test ing and trial product ion of the equipme nt as well as the tech ni cal pers onnel for product ion and in spect ing;Trai ning the tech ni cal pers onnel and workers of the cooperative ven ture compa ny;In case Party B is the lice nsor, it shall be resp on sible for the stable product ion of qualified products of the cooperative ven ture compa ny in the light of desig n capacity with in the specified period;Resp on sible for other matters en trusted by the joint ven ture compa ny.(no te: It shall be writte n accord ing to the specific situati on).Chapter 7 Distribution of Profits and Repayment for Party B 's InvestmentArticle 15The cooperative venture company shall distribute its profits in accordanee with the following procedure after pay ing the in come tax:____________ % as allocati ons for reserve fun ds, expa nsion fun ds, welfare funds and bonu ses for staff and workers of the cooperative ven ture compa ny;____________ % as repayment for Party B 's Investment and ____________ Years scheduled to pay back all Party B 's Investment;____________ % of the left distributed to Party A and _____ % to Party B.Chapter 8 Selli ng of ProductsArticle 16The products of cooperative ven ture compa ny will be sold both on the Chin ese and the overseas market, the export portion accounts for ____________________ %, _____________ % for the domesticmarket.(Note: An annual percentage and amount for outside and domestic selling will be written out accord ing to practical operati ons, in no rmal con diti ons, the amount for export shall at least meet the n eeds of foreig n excha nge expe nses of the joint ven ture compa ny).Article 17Products may be sold on overseas markets through the followi ng cha nn els:The cooperative venture company may directly sell its products on the international market, acco un ti ng for _____________ %.The cooperative ven ture compa ny may sig n sales con tracts with Chin ese foreig n trade compa ni es, en trust ing them to be the sales age ncies or exclusive sales age ncies, acco un ti ng for %.The cooperative venture company may entrust Party B to sell its products, accounting for %.Article 18The cooperative ven ture products to be sold in China may be han dled by the Chin ese materials and commercial departments by means of agency or exclusive sales, or may be sold by the cooperative ven ture compa ny directly.Article 19In order to provide maintenance service to the products sold both in China or abroad, the cooperative ven ture compa ny may set up sales bran ches for maintenance service both in China or abroad subject to the approval of the releva nt Chin ese departme nt.Chapter 9 The Board of DirectorsArticle 20The date of registrati on of the cooperative ven ture compa ny shall be the date of the establishme nt of the board of directors of the cooperative ven ture compa ny.Article 21The board of directors is composed of ____________ directors, of which __________ shall beappo in ted by Party A, _________ by Party B. The chairma n of the board shall be appo in ted by Party A, and its vice-chairman by Party B. The term of office for the directors, chairman and vice-chairma ns four years, their term of office may be ren ewed if con ti nu ously appo in ted by the releva nt party.Article 22The highest authority of the cooperative ven ture compa ny shall be its board of directors. It shall decide all major issues concerning the cooperative ven ture compa ny. Unanim ous approval shall be required for any decisi ons concerning major issues. As for other matters, approval by majority or a simple majority shall be required.(Note: It shall be explicitly set out in the con tract).Article 23The chairma n of the board is the legal represe ntative of the cooperative ven ture compa ny. Should the chairman be unable to exercise his responsibilities for any reason, he shall authorize the vice-chairma n or any other directors to represe nt the joint ven ture compa ny temporarily.Article 24The board of directors shall convene at least one meet ing every year. The meet ing shall be called and presided over by the chairma n of the board. The chairma n may convene an in terim meet ing based on a proposal made by more tha n one third of the total nu mber of directors. Minu tes of the meeti ngs shall be placed on file.Article 25The meeti ng shall be valid on ly whe n more tha n two thirds of the total nu mber of directors atte nd. In case of abse nee, the director shall en trust ano ther pers on to atte nd and vote for him with a trust deed.Chapter 10 Busin ess Man ageme nt OfficeArticle 26The cooperative ven ture compa ny shall establish a man ageme nt office which shall be resp on sible for its daily man ageme nt. The man ageme nt office shall have a gen eral man ager, appo in ted by Party __________ , _____ deputy gen eral man agers, ___ b y Party ____ ; _____ b y Party _____ . Thegeneral manager and deputy general managers whose terms of office is _____ years shall beappo in ted by the board of directors.Article 27The resp on sibility of the gen eral man ager is to carry out the decisi ons of the board and orga nize and con duct the daily man ageme nt of the cooperative ven ture compa ny. The deputy general man agers shall assist the gen eral man ager in his work.Article 28The general manager shall report to the board of directors the operation conditions of the cooperative compa ny every three mon ths, and make a finan cial report every six mon ths.Article 29In case of graft or serious dereliction of duty on the part of the general manager and deputy gen eral man agers, the board of directors shall have the power to dismiss them at any time.Chapter 11 Labor Man ageme ntArticle 30Labor con tract coveri ng the recruitme nt, employme nt, dismissal and resig nati on, wages, labor in sura nee, welfare, rewards, pen alties and other matters concerning the staff and workers of the cooperative ven ture compa ny shall be draw n up betwee n the cooperative ven ture compa ny and the trade union of the cooperative ven ture compa ny as a whole, or the in dividual employees in the cooperative ven ture compa ny as a whole or in dividual employees in accorda nee with the law of the People 'Republic of China on Chinese-Foreign Cooperative Joint Ventures. The labor con tracts shall, after being sig ned, be filed with the local labor man ageme nt departme nt.Article 31The appointment of high-ranking administrative personnel recommended by both parties, their salaries, social in sura nee, welfare and the sta ndard of travelli ng expe nses etc. shall be decided by the meeti ng of the board of directors.Chapter 12 Taxes, Finance and AuditArticle 32The cooperative ven ture compa ny shall pay taxes in accorda nee with the provisi ons of Chin ese laws and other relative regulati ons.Article 33Staff members and workers of the cooperative ven ture compa ny shall pay in dividual in come tax accord ing to the In dividual In come Tax Law of the People 's Republic of China.Article 34The fiscal year of the joint venture company shall be from January 1 to December 31. All vouchers, receipts, statistic stateme nts and reports shall be writte n in Chin ese.(Note: A foreig n Ian guage can be used con curre ntly with mutual consen t).Article 35Finan cial check ing and exam in ati on of the cooperative ven ture compa ny shall be con ducted by an auditor registered in China and reports shall be submitted to the board of directors and the general man ager.In case Party B con siders it n ecessary to employ a foreig n auditor registered in ano ther country to un dertake annual finan cial check ing and exam in atio n, Party A shall give its consent. All the expe nses thereof shall be borne by Party B.Article 36In the first three mon ths of each fiscal year, the man ager shall prepare the previous year 's bala nee sheet, profit and loss stateme nt and proposal regard ing the disposal of profits, and submit them to the board of directors for exam in atio n and approval.Chapter 13 Durati on of the Cooperative Ven tureArticle 37The durati on of the cooperative ven ture compa ny is y ears. The establishme nt date of thejoint ven ture compa ny shall be the date on which the bus in ess lice nse of the cooperative ven ture compa ny is issued.An applicati on for the exte nsion of the durati on, proposed by one party and unanim ously approved by the board of directors, shall be submitted to the Ministry of Foreign Trade and Economic Cooperati on (or the exam in ati on and approval authority en trusted by it) six mon ths prior to the expiry date of the joint ven ture.Chapter 14 The Disposal of Assets after the Expirati on of the Durati onArticle 38Upon the expirati on of the durati on, the assets shall bel ong to Party A.Chapter 15 In sura neeArticle 39In sura nee policies of the joint ven ture eompa ny on various kinds of risks shall be un derwritte n with the People 's Republic of China. Types, value and durati on of in sura nee shall be decided by the board of directors in accordanee with the provisions of the People I'nssranee Company ofChi na.Chapter 16 The Ame ndme nt, Alterati on and Termin atio n of the Con- tractArticle 40The ame ndme nt of the con tract or other appe ndices shall come into force only after a writte n agreeme nt has bee n sig ned by Party A and Party B and approved by the origi nal exam in ati on and approval authority.Article 41In case of in ability to fulfil the con tract or to con ti nue operati on due to heavy losses in successive years as a result of force majeure, the durati on of the cooperative ven ture and the con tract shall be terminated before the time of expiration after being unanimously agreed upon by the board of directors and approved by the orig inal exam in ati on and approval authority.Chapter 17 Liability for Breach of Con tractArticle 42Should the cooperative venture company be unable to continue its operation or achieve its bus in ess purpose due to the fact that one of the con tract ing parties fails to fulfil the obligati ons prescribed by the con tract and articles of associati on, or seriously violates the provisi ons of the con tract and articles of associati on, that party shall be deemed to have un laterally term in ated the con tract. The other party shall have the right to term in ate the con tract in accorda nee with the provisi ons of the con tract after approval by the orig inal exam in ati on and approval authority, and to claim damages. In case Party A and Party B of the cooperative ven ture compa ny agree to con ti nue the operati on, the party who fails to fulfil its obligati ons shall be liable for the econo mic losses caused thereby to the joint ven ture compa ny.Article 43Should either Party A or Party B fail to provide on schedule the con tributi ons in accorda nee with the provisi ons defi ned in Chapter 5 of this con tract, the party in breach shall pay to the other party __ Yuan, or __________ % of the con tributi on start ing from the first month after exceedi ng。