合资经营合同中英文版
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1CONTRACT OF COOPERATION FOR BUSINESS OPERATION BETWEEN CHINESE AND FOREIGN PARTIES合同编号:_____________甲方(中方):________________________乙方(外方):________________________一、合同目的和合作方式二、合作期限The term of this cooperation shall be from the date of signing this Contract until the date of expiration as specified in the Articles of Association of the joint venture company,with a duration of _______ (年数)years.三、投资与股权分配Party A shall contribute _______ (货币及金额)as cash investment,while Party B shall contribute _______ (货币及金额). The equity distribution shall be in accordance with the actual investment ratio,with Party A holding ___% equity and Party B holding ___% equity in the joint venture company.四、业务范围和利润分配The business scope of the joint venture company shall include but not be limited to the research,development,production,sales,and marketing of products related to the aforementioned industry field. The profit distribution shall be based on the actual equity distribution and determined by the Board of Directors in accordance with the Company’s Articles of Association and relevant laws and regulations.五、管理结构The management structure of the joint venture company shall be established in accordance with Chinese laws and regulations. The Board of Directors shall be comprised of representatives from both parties,with equal representationand decision-making power. The General Manager shall be appointed by Party B,subject to approval by the Board of Directors.六、技术转让与保密义务Party B shall transfer necessary technology to the joint venture company for the operation of the business. Both parties shall undertake confidentiality obligations towards any confidential business information that they may learn during their collaboration. Any disclosure of confidential information shall be subject to mutual consent or as required by law.七、风险承担与违约处理Both parties shall bear risks associated with the operation of the business equally. If any party fails to perform its obligations under this Contract or breaches any provision,thenon-breaching party shall be entitled to claim compensation for any losses incurred. If such breach is material and cannot be rectified,the non-breaching party may terminate this Contract and claim compensation for any losses.八、争议解决与法律适用Any disputes arising from or in connection with this Contract shall be settled through friendly negotiation between both parties. If negotiation fails,such disputes shall be submitted to China International Economic and Trade Arbitration Commission for arbitration which shall be conducted in accordance with its arbitration rules in effect at that time. The place of arbitration shall be _______ (仲裁地点). This Contract shall be governed by laws of China.九、合同的变更与终止Contract modification or termination must be agreed upon by both parties and documented in writing. Any modification shall be subject to approval by relevant authorities as required by Chinese laws and regulations. Upon expiration or termination of this Contract,all assets and liabilities of the joint venture company shall be disposed in accordance with its Articles of Association and relevant laws and regulations.篇2CONTRACT OF COOPERATION FOR BUSINESS OPERATION BETWEEN CHINESE AND FOREIGN PARTIES本合同由以下双方签订:Party A: [甲方名称](以下简称甲方)Party B: [乙方名称](以下简称乙方)一、前言:甲乙双方本着平等互利的原则,通过友好协商,决定共同合作经营XX项目。
中外合资经营合同范本中英文
3. The Parties agree that the breaching Party shall be exempted from liability if the breach is due to force majeure, provided that the affected Party promptly notifies the other Party in writing of the occurrence of such event and its impact on the performance of the Contract.
4. In case of a breach, the non-breaching Party shall have the right to issue a notice of breach to the breaching Party, demanding the cure of the breach within a reasonable period.
c. Party B shall be responsible for obtaining and maintaining all necessary licenses, permits, and qualifications required to perform the services or provide the subject matter.
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。
中外合资经营合同格式(中英)7篇
中外合资经营合同格式(中英)7篇篇1合同编号:【编号】甲方:【中方公司名称】,法定代表人:【法定代表人姓名】乙方:【外方公司名称】,法定代表人:【法定代表人姓名】鉴于甲乙双方同意根据平等互利的原则,经过友好协商,共同投资设立一家合资经营企业,特订立本合同。
本合同以中英文双语书写,两种文本具有同等法律效力。
本合同中的术语应遵守国际商法和行业规范,以下内容经双方协商并一致确认如下:一、合资公司的基本概况(一)公司名称:【合资公司名称】(二)公司注册地址:【详细地址】(三)法定代表人:【指定负责人姓名】(四)公司投资总额为【金额】元人民币,注册资本为【金额】元人民币。
甲乙方投入注册资本所占公司的出资比例如下:甲方占有比例为XX%,乙方占有比例为XX%。
各方需于公司成立之日起XX日内缴清各自出资额。
二、合资公司的经营范围和经营方式(一)经营范围:【详细经营范围】(二)经营方式:【自主经营或合作经营等】三、合作期限与终止合作期限:自本公司成立起至XX年止。
期满后根据公司经营状况和双方意愿再作商议。
终止合同需经过双方同意并书面确认。
合同终止后,应依法进行清算和结算。
清算完成后剩余财产按各方投资比例进行分配。
对于债务按双方约定的原则进行处理和清偿。
四、股东权利与义务篇2合同编号:【编号】甲方:【中方公司名称】,法定代表人:【法定代表人姓名】乙方:【外方公司名称】,法定代表人:【法定代表人姓名】鉴于甲乙双方共同达成合资经营意向,本着平等互利、合作共赢的原则,经过友好协商,特订立本合同:一、合同名称和目的合同名称:【合资经营项目名称】。
双方本着诚信原则,通过合作实现共同发展,互利共赢。
本合同明确双方合资经营的合作内容、权责利益及运作方式等条款。
本合同适用于中外合资经营活动的规范和约束。
二、合作内容及投资金额本次合作的具体内容:【详细列明合作项目及其主要内容】,投资金额共计【金额】。
甲方投入现金或实物出资额【金额】,乙方投入现金或实物出资额【金额】。
中外合资经营合同格式(中英)5篇
中外合资经营合同格式(中英)5篇篇1中外合资经营合同格式(中英)合资经营合同合资经营合同范本本合资经营合同(以下简称“本合同”)由以下各方自愿签订:甲方:(中方合资方名称)地址:法定代表人:电话:传真:乙方:(外方合资方名称)地址:法定代表人:电话:传真:丙方:(合资企业名称)地址:法定代表人:电话:传真:为了规范双方合资经营的行为,保证各方合法权益,现甲、乙双方就合资公司设立、运营等事宜达成如下协议:第一条合资目的甲、乙双方为了共同开发市场,分享商业机会,提高经济效益,经友好协商一致,决定以【(填写公司名称)】为合资企业的名称,进行经营活动。
第二条经营范围合资企业的经营范围包括但不限于:1.(具体经营内容)2.(具体经营内容)3.(具体经营内容)......经营范围扩大或变更,应遵守相关法律法规的规定,并经甲、乙双方协商一致,并报相关部门备案。
第三条注册资本及股权比例1. 合资企业的注册资本为人民币【(填写具体数字)】万元,甲、乙双方分别出资【(填写具体数字)】万元。
2. 甲、乙双方的股权比例为【(填写具体数字)】∶【(填写具体数字)】。
3. 甲、乙双方应按照其出资比例享有合资企业的相应权益。
第四条经营管理机构1. 合资企业设董事会,董事会由甲、乙双方各自提名【(填写具体数字)】名成员组成,分别由甲、乙双方指派董事长。
2. 合资企业设总经理,由董事会聘任,董事长必须为总经理提名人。
3. 董事长和总经理分别负责合资企业的董事会和日常经营管理及决策。
第五条管理费用及利润分配1. 甲、乙双方应按照其出资比例分担合资企业的管理费用。
2. 合资企业经营盈利后,甲、乙双方按照其出资比例分享利润。
3. 合资企业亏损时,甲、乙双方应按照其出资比例分担亏损。
第六条合资企业财务管理1. 合资企业应建立健全的财务管理制度,负责人员应根据有关法律法规的规定进行财务管理。
2. 合资企业应每年定期开展审计年度报告,报相关部门备案。
有关中外合资经营合同格式附英文版7篇
有关中外合资经营合同格式附英文版7篇篇1本合同由以下双方签订:_____________(以下简称甲方) 和_____________(以下简称乙方)。
双方根据平等互利的原则,通过友好协商,就共同投资设立一家合资企业达成如下协议:一、合同双方二、合资企业名称及性质三、投资总额与注册资本四、出资方式及期限一、Terms and Conditions of Contract for Sino-Foreign Joint Venture (with English version attached)This contract is made by and between _________ (hereinafter referred to as Party A) and _________ (hereinafter referred to asParty B). On the principles of equality and mutual benefit through friendly consultations, both parties agree to jointly invest in the establishment of a joint venture company as follows:I. Parties to the ContractII. Name and Nature of the Joint Venture CompanyIII. Total Investment and Registered CapitalIV. Investment Methods and Time Limit篇2本合同由以下双方签订:甲方:【公司名称】(以下简称甲方)地址:【公司地址】法定代表人:【甲方法人姓名】国籍:【甲方法国籍】联系方式:【甲方联系方式】电子邮箱:【甲方邮箱地址】乙方:【公司名称】(以下简称乙方)地址:【公司地址】法定代表人:【乙方法人姓名】国籍:【乙方法国籍】联系方式:【乙方联系方式】电子邮箱:【乙方邮箱地址】鉴于甲乙双方共同决定设立一家中外合资经营的公司,在平等互利的基础上,经过友好协商,达成如下协议:一、合资公司的基本信息公司名称:【合资公司名称】公司地址:【合资公司地址】注册资本:【注册资本金额】经营范围:【公司经营范围】等事项达成了一致意见。
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.。
中外合作经营合同英文版6篇
中外合作经营合同英文版6篇篇1Sino-Foreign Cooperative Operation Contract本合同由以下双方签订:Signed by and between: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)鉴于双方的意愿和优势互补,双方决定共同投资设立一家合作经营企业。
为明确双方的权利和义务,根据《中华人民共和国合同法》等相关法律法规的规定,双方经过友好协商,达成如下协议条款:WHEREAS the parties, in recognition of their mutual interests and complementary advantages, have decided tojointly invest in the establishment of a cooperative enterprise; and in order to clarify their rights and obligations, they have agreed upon the following terms and conditions in accordance with the Contract Law of the People’s Republic of China and other relevant laws and regulations.一、合作经营企业的名称和地址Name and Address of the Cooperative Enterprise: _________二、合作经营项目、经营期限和经营规模Scope of Cooperation, Term of Operation and Scale of Business: _________三、合作双方的基本情况Profiles of Both Parties:四、投资总额和注册资本Total Investment and Registered Capital:双方共同出资总额为_________元人民币。
有关中外合资经营合同格式附英文版3篇
有关中外合资经营合同格式附英文版3篇篇1Joint venture refers to a business arrangement in which two or more parties agree to put their resources together to start a new enterprise. In the case of a joint venture between Chinese and foreign entities, a joint venture agreement must be established to outline the terms and conditions of the partnership.A typical joint venture agreement includes various provisions, such as the purpose of the joint venture, the contributions of each party, the management structure, profit distribution, dispute resolution mechanisms, and the duration of the joint venture. It is important for both parties to carefully negotiate and draft the joint venture agreement to ensure that their interests are protected and that the partnership operates smoothly.Below is a sample template of a joint venture agreement between a Chinese company (Party A) and a foreign company (Party B), with both English and Chinese versions provided for reference:Joint Venture AgreementThis Joint Venture Agreement (the "Agreement") is entered into on [date] by and between:Party A: [Chinese company name and address]Party B: [Foreign company name and address]1. PurposeThe Parties agree to establish a joint venture for the purpose of [describe the business activities of the joint venture].2. ContributionsParty A shall contribute [specify the assets, resources, and funds] to the joint venture, while Party B shall contribute [specify the assets, resources, and funds] to the joint venture.3. ManagementThe joint venture shall be managed by a Board of Directors consisting of [number] directors, with Party A appointing [number] directors and Party B appointing [number] directors. Any decisions of the Board of Directors shall require [percentage] approval.4. Profit DistributionProfits of the joint venture shall be distributed in proportion to each party's contribution to the joint venture.5. Dispute ResolutionAny disputes arising from this Agreement shall be resolved through [arbitration/litigation], in accordance with the laws of [jurisdiction].6. DurationThis Agreement shall commence on [date] and shall continue for a period of [number] years, unless terminated earlier by mutual agreement of the Parties.IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.[Signature of Party A][Signature of Party B][Signature of Witness]篇2Joint Venture ContractThis Joint Venture Contract is entered into on this [date] day of [month], [year], by and between [Company A], a corporationorganized and existing under the laws of [country], with its principal place of business located at [address] (hereinafter referred to as "Company A"), and [Company B], a corporation organized and 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 for the purpose of [describe the purpose of the joint venture];NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, the parties hereto agree as follows:1. Formation of Joint VentureThe parties hereby agree to form a joint venture (hereinafter referred to as the "Joint Venture") to engage in the business of [describe the business activities of the Joint Venture].2. Ownership InterestCompany A and Company B shall each own [percentage] of the Joint Venture and shall share profits and losses equally.3. Management of Joint VentureThe management of the Joint Venture shall be conducted by a Board of Directors comprised of [number] directors, with each party appointing [number] directors. The Board of Directors shall have the power to make decisions regarding the operation and management of the Joint Venture.4. Capital ContributionsCompany A shall contribute [amount] and Company B shall contribute [amount] to the capital of the Joint Venture. The parties agree to provide such additional capital as may be necessary for the operation of the Joint Venture.5. Term of Joint VentureThe term of the Joint Venture shall be [number] years, unless terminated earlier in accordance with the provisions of this Contract.6. Distribution of ProfitsProfits of the Joint Venture shall be distributed to Company A and Company B in proportion to their ownership interests.7. Termination of Joint VentureThe Joint Venture may be terminated upon the agreement of both parties or upon the occurrence of any of the followingevents: [list events that can lead to the termination of the Joint Venture].IN WITNESS WHEREOF, the parties hereto have executed this Joint Venture Contract as of the date first above written.[Company A]By: _____________________________Name: ___________________________Title: ____________________________[Company B]By: _____________________________Name: ___________________________Title: ____________________________This Joint Venture Contract is hereby approved and accepted as of the date first above written.*This is a sample Joint Venture Contract and should be reviewed and modified to suit the specific needs of the parties involved.篇3Chinese-foreign Joint Venture ContractThis Contract is entered into on [Date], by and between [Foreign Company] ("Foreign Party"), a company organized and existing under the laws of [Country], and [Chinese Company] ("Chinese Party"), a company organized and existing under the laws of the People's Republic of China.WHEREAS, the Foreign Party and Chinese Party wish to establish a joint venture (the "Joint Venture") for the purpose of engaging in the business of [Describe Nature of Business];NOW, THEREFORE, the parties hereto agree as follows:1. Establishment of the Joint Venture:a. The Foreign Party and Chinese Party hereby agree to establish a joint venture company in accordance with the laws of the People's Republic of China.b. The Joint Venture shall be known as [Joint Venture Company Name] and shall have its registered address at [Address].c. The Joint Venture shall have a total registered capital of [Amount] with the Foreign Party contributing [Amount] and the Chinese Party contributing [Amount].2. Management of the Joint Venture:a. The Board of Directors of the Joint Venture shall consist of [Number] directors, with [Number] appointed by the Foreign Party and [Number] appointed by the Chinese Party.b. The Chairman of the Board shall be appointed by the Foreign Party and the General Manager shall be appointed by the Chinese Party.3. Operation of the Joint Venture:a. The Joint Venture shall engage in the business of [Describe Nature of Business] in accordance with the laws of the People's Republic of China.b. The Foreign Party and Chinese Party shall each bear their respective responsibilities and liabilities in the operation of the Joint Venture.4. Financial Matters:a. The profits and losses of the Joint Venture shall be distributed between the Foreign Party and Chinese Party in proportion to their respective contributions to the registered capital.b. The financial statements of the Joint Venture shall be audited annually by a qualified accounting firm.5. Term and Termination:a. The term of this Contract shall be [Number] years, commencing on the date of registration of the Joint Venture.b. Either party may terminate this Contract upon [Number] days' written notice to the other party.IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first above written.Foreign Party: [Signature][Name][Title]Chinese Party: [Signature][Name][Title]【中外合资经营合同格式(英文版)】本合同由[日期]签订,双方为[外国公司]("外国方"),是根据[国家]法律组织并存在的公司,和[中国公司]("中国方")是根据中华人民共和国法律组织和存在的公司。
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.。
中外合资经营合同格式(中英)4篇
中外合资经营合同格式(中英)4篇篇1中外合资经营合同格式(中英)Contract for Sino-Foreign Equity Joint Venture中外合资经营合同Party A: XX 公司Party B: 外方公司名称Party A and Party B hereby agree to establish a Sino-Foreign Equity Joint Venture (EJV) in accordance with the Company Law of the People's Republic of China, the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures, relevant laws and regulations and the following terms and conditions:Party A 和Party B 按照中华人民共和国《公司法》、《中华人民共和国中外合资经营企业法》及有关法规和以下条款的规定,就建立中外合资经营企业达成协议。
1. Name of the Joint Venture 合资企业名称The name of the Joint Venture shall be [中方公司名称– Party A名称– Foreign Company名称Joint Venture] (hereinafter referred to as "the Joint Venture").合资企业的名称为【中方公司名称– Party A名称– Foreign Company名称Joint Venture】(以下简称“该合资企业”)。
2. Registered Address and Term of Operation 注册地址和营业期限The registered address of the Joint Venture shall be at [address]. The term of operation shall be [number] years, commencing from the date of issuance of the Business License.合资企业的注册地址为【地址】。
中外合资经营合同格式(中英)
中外合资经营合同格式(中英)全文共3篇示例,供读者参考篇1中外合资经营合同格式(中英)一、合资双方甲方:_______(中方单位名称)地址:_______电话:_______法定代表人(负责人):_______乙方:_______(外方单位名称)地址:_______电话:_______法定代表人(负责人):_______二、合资项目名称本项目名称为_______,由甲乙双方共同投资经营。
三、合资比例甲方和乙方的投资比例分别为_______和_______。
甲方投资_______元,乙方投资_______元,总投资额为_______元。
四、经营范围1. 本公司的经营范围包括但不限于_______;2. 公司在经营过程中需要取得的相关资质和许可证件由双方共同承担申请。
五、公司注册资本公司注册资本为_______元,由甲乙双方按照投资比例共同出资。
六、经营期限公司经营期限为_______年,自营业执照核发之日起计算。
七、公司管理1. 公司董事会:公司设董事会,由甲方和乙方各派出_______名董事,董事会主席由甲方提名,执行董事会的决议;2. 公司总经理:公司设总经理一名,由甲方提名。
公司总经理负责公司的日常经营管理工作。
八、财务管理1. 公司设专门的财务部门,负责公司的财务管理工作。
公司的财务报表由专业会计师事务所审计;2. 公司的盈余利润分配比例按照投资比例进行分配。
九、税务处理公司的税收问题由公司的财务部门负责处理,双方共同承担税务义务。
十、技术转让1. 乙方应向甲方提供相关技术支持,协助公司业务的开展;2. 公司应保护乙方的专有技术和商业秘密,未经乙方同意不得向第三方披露。
十一、违约责任任何一方如未履行合同义务,需向对方支付违约金_______元。
十二、争议解决本合同的解释、履行和争议解决均适用中华人民共和国法律。
如双方无法达成一致,应提交_______仲裁委员会,最终仲裁结果为终局裁决。
十三、其他本合同一式_______份,自双方盖章之日起生效。
中外合作经营合同英文版8篇
中外合作经营合同英文版8篇篇1SINO-FOREIGN COOPERATIVE CONTRACT中方合作伙伴(以下简称甲方):[合作伙伴名称](甲方主体全称及授权签署人)Foreign Partner (hereinafter referred to as Party A): [Name of Partner] (Full name of the Party A and authorized signer)外方合作伙伴(以下简称乙方):[合作伙伴名称](乙方主体全称及授权签署人)Local Partner (hereinafter referred to as Party B): [Name of Partner] (Full name of the Party B and authorized signer)鉴于甲乙双方依据中华人民共和国有关法律法规的规定,本着平等互利的原则,经过友好协商,同意共同投资合作经营本合作项目,特订立本合同。
本合同旨在明确双方的权利和义务,确保合作的顺利进行。
WHEREAS, in accordance with relevant laws and regulations of the People’s Republic of China, Party A and Party B, through friendly consultation, agree to jointly invest in and operate the cooperative project on the principles of equality and mutual benefit, hereby make and conclude this Contract. This Contract is to clarify the rights and obligations of both parties and ensure the smooth progress of cooperation.一、合同合作双方基本情况I. Basic Information of Both Parties详细列出甲乙双方的公司名称、注册地址、法定代表人、授权签署人等基本企业信息。
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)。
有关中外合资经营合同格式附英文版3篇
有关中外合资经营合同格式附英文版3篇全文共3篇示例,供读者参考篇1China has been promoting foreign investment and cooperation for several decades. The Chinese government encourages foreign companies to establish partnerships with Chinese companies through joint ventures. However, before entering into a joint venture, it is essential to have a well-drafted joint venture agreement that outlines the terms and conditions of the partnership.Here is a sample format of a joint venture agreement between a Chinese company and a foreign company:Joint Venture AgreementThis Joint Venture Agreement ("Agreement") is made and entered into on [Date], by and between [Chinese company name], a company organized and existing under the laws of the People’s Republic of China, with its registered office located at [Address], (hereinafter referred to as "Chinese Company") and [Foreign company name], a company organized and existingunder the laws of [Country], with its registered office located at [Address], (hereinafter referred to as "Foreign Company").1. Purpose of Joint Venture: The purpose of this joint venture is to [purpose of joint venture].2. Capital Contributions: Each party shall contribute [amount] to the joint venture as follows: Chinese Company [amount] and Foreign Company [amount].3. Ownership: The ownership of the joint venture shall be divided as follows: Chinese Company [%, Foreign Company %]. The profits and losses of the joint venture shall be distributed in accordance with the ownership percentages.4. Management: The management of the joint venture shall be handled by a board of directors consisting of [number] members, with Chinese Company appointing [number] members and Foreign Company appointing [number] members.5. Term: The term of this joint venture shall be [number] years, commencing on [Date] and ending on [Date]. The joint venture may be extended upon mutual agreement of the parties.6. Confidentiality: The parties agree to keep all information related to the joint venture confidential and not disclose it to any third party without prior written consent from the other party.7. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China.8. Dispute Resolution: Any dispute arising out of this Agreement shall be resolved through arbitration in [City], in accordance with the rules of the [Arbitration Institution].In witness whereof, the parties have executed this Agreement as of the date first above written.[Chinese Company Name]Signature: ____________________________Name: ____________________________Title: ____________________________[Foreign Company Name]Signature: ____________________________Name: ____________________________Title: ____________________________This is a basic format of a joint venture agreement between a Chinese company and a foreign company. It is important to consult legal counsel when drafting a joint venture agreement toensure that all legal requirements are met and that the interests of both parties are protected.篇2Joint venture is a widely-used business model that allows foreign companies to enter the Chinese market and take advantage of local expertise and resources. In order to establish a joint venture in China, a joint venture agreement must be signed between the Chinese and foreign partners. This agreement outlines the terms and conditions of the partnership, including the rights and responsibilities of each party, the share of profits and losses, and the duration of the partnership.Here is a typical format of a Chinese-foreign joint venture agreement, both in Chinese and English:中外合资经营合同Sino-Foreign Joint Venture Agreement本合资经营合同由以下合资方签订:This joint venture agreement is entered into by the following parties:甲方(中方):________________________________Party A (Chinese party): ________________________________乙方(外方):________________________________Party B (Foreign party): ________________________________经检阅双方申报的各项合资条件与依法核准的各项资金、占股、分红、技术、管理机构等一致,本合资合同正本一份、副本两份,并经本合资企业董事会讨论.予以通过。
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合资经营合同样本
200[ ]年[ ]月[ ]日
合资经营合同
由
(甲方名称)
甲方
- 与-
(乙方名称)
乙方
签订
目录
1. 定义和解释
2. 合同双方
3. 成立合营公司
4. 宗旨、经营范围及运营规模
5. 投资总额和注册资本
6. 业务计划和批准
7. 双方负责的事宜
8. 董事会
9. 经营管理
10. 市场营销
11. 设备及服务的采购
12. 知识产权
13. 不竞争
14. 经营场所
15. 劳动管理
16. 财务与会计
17. 税收和保险
18. 陈述及担保
19. 合营期限
20. 终止、解散、相互收购股份及清算
21. 违约
22. 保密义务
23. 不可抗力
24. 争议的解决
25. 其他规定
26. 附录一
27. 附录二
28. 附录三
29. 附录四
30. 附录五
31. 注意事项与说明
合资经营合同
本合同("本合同")于200[・]年[・]月[・]日由以下双方在[地点]签订:[甲方名称],一家根据中华人民共和国法律组建并存续的[甲方组织形式],[法定地址]
为[甲方[法定地址]](以下简称"甲方");和[乙
方名称],一家根据[乙方所在国]法律组建及存续的[乙方组织形式],[注册地址]为[乙方[注册]地址] (以下简称"乙方")甲方和乙方以下单独称为"一方",合称为"双方"。
前言
双方本着平等互利的原则,经友好协商,依照《中华人民共和国中外合资经营企业法》、《中华人民共和国中外合资经营企业法实施条例》以及其他相关法律,同意按照本合同的条款,组建合营企业。
双方特此协议如下:
1. 定义和解释
除非本合同条款或上下文另有所指,本合同应按照附录一进行解释,并且本合同中所有相关术语的定义见附录一。
2. 合同双方
2.1 本合同双方的具体情况:
本合同的双方为:
(a) 甲方:[甲方名称](英文书写:[(英文名称)],一家根据中华人民共和国法律组建并存续的[甲方组织形式],法定地址[甲方法定地址](英文书写:[(英文住址)]。
甲方[法定][授权]代表人:
姓名:[ 甲方代表姓名](英文书写:[ (英文姓名)]
职务:[ 甲方代表职务]
国籍:中国
(b) 乙方:[乙方名称](英文书写:[(英文名称)],一家根据[乙方所在国]法律组建并存续的[乙方组织形式],注册地址[乙方注册地址](英文书写:[(英文住址)]
乙方授权代表人:
姓名:[ 乙方代表姓名](英文书写:[ (英文姓名)]
职务:[ 乙方代表职务]
国籍:[ 乙方代表国籍]
2.2 双方的授权代表的更换
双方有权撤换其各自的法定代表人或授权代表,并应将新法定代表人或授权代表的姓名、职位和国籍及时通知另一方。
3. 成立合营公司
3.1 合营公司的设立
双方特此同意在本合同生效后依照合资企业法、合资企业法实施条例、其他相关法律以及本合同的条款及时成立合营公司。
3.2 合营公司的名称
合营公司的中文名称为"[ ]",英文名称为"[ ]"。
3.3 合营公司的法定地址
合营公司的法定地址为中国[合营公司法定地址],(英文书写:[英文地址])。
3.4 合营公司的分支机构
合营公司经董事会决议并经有关政府机关批准可在国内外成立分支机构。
3.5 有限责任公司
合营公司的组织形式为有限责任公司。
[任何一方仅以其出资额为限对合营公司承担责任。
合营公司应以其资产对其债权人承担责任。
]
3.6 适用中国相关法律
合营公司按照中国法律为独立法人。
合营公司受中国相关法律的管辖和保护。
合营公司的活动应该遵守中国的相关法律。
4. 宗旨、经营范围及运营规模
4.1 合营公司的宗旨
合营公司的宗旨是结合双方在技术、管理、运营以及营销方面的优势,在合营公司经批准的经营范围内开展业务,以取得良好的经济效益以及令双方满意的投资回报。
4.2 经营范围
合营公司的经营范围是[设计、制造以及营销[合营产品]并提供[・]合营服务。
] 4.3 业务计划
合营公司的业务计划由董事会在考虑市场实际情况、预计的产品销售额、雇员吸收新技术的能力以及其他董事会认为重要的因素后确定。
该业务计划可由董事会不时根据市场行情以及其他相关的情况予以扩大或缩小。
4.4 独立实体
合营公司作为独立的经济实体开展业务,自主经营。
5. 投资总额和注册资本
5.1 投资总额
双方目前估计合营公司所需的投资总额为[ ]。
5.2 注册资本
合营公司注册资本为[ ]。
5.3 出资
(a) 甲方对合营公司注册资本的出资为[ ],占合营公司注册资本份额的百分之[ ]。
(b) 乙方对合营公司注册资本的出资为[ ],占合营公司注册资本份额的百分之[ ]。
5.4 注册资本的缴付;先决条件
(a) 在遵循以下第5.4(c)条规定的前提下,每一方应按照附录三中规定的时间表及条件缴付其认缴的注册资本。
(b) 在遵循以下第5.4(c)条规定的前提下,如果一方未依照本合同的条款全额或部分出资,则该方应就欠缴的出资额按年利率[ ]的单利向合营公司支付罚息,计息期为该笔出资的应缴日期至该笔出资及罚息全额支付,并由合营公司收到之日。
(c) 在一方收到以下各份文件之前,该方没有向合营公司缴付出资的义务:(i) 批准本合同和公司章程的批复和批准证书,且其中没有对本合同和公司章程作实质性修改;
(ii) 载有本合同第4.2 条所述经营范围的营业执照,且其中对上述经营范围无实质性修改。
(d) 如果批复、批准证书或营业执照(合称"批准文件")中某一份含有对相关内容的实质性修改,则双方应共同协商并做出以下决定之一:。