How to sign a cooperation agreement?
Now is not the time to fight alone. Everything needs cooperation. However, many of the cooperation we saw ended in mutual loss, which deviated from the original intention of both sides. Why? In my opinion, there are two prerequisites for successful cooperation: trust and risk. Building trust is the basic condition for cooperation and successful cooperation, but risk control is the fundamental condition for successful cooperation and continued cooperation. At the initial stage of cooperation, we must seriously discuss risk control on the premise of mutual trust, otherwise we would rather not cooperate. Some time ago, I encountered two cases of cooperation between * * * and financing loans, in which the negotiation process of cooperation agreement between the two parties is worth learning. Company A owns real estate, while Company B owns credit and relationships, so after several rounds of communication and negotiation, the two sides have established trust and are willing to further cooperate-joint financing loan. In order to cooperate smoothly, we decided to sign a cooperation agreement. At the beginning, Party A put forward its own opinions, but once it was put forward, it was opposed by Party B, because Party A was completely out of consideration for its own unilateral interests and was an agreement without reciprocity and equality. To this end, Party B proposed a new agreement according to its own wishes. However, due to the misleading of Party A, the content of Party B's agreement has not got rid of the original thinking limitations, which is also biased. In particular, the terms on risk control are not accurately described, which makes it difficult for both parties to establish mutual trust and equality. How should the two sides sign an agreement to better cooperate? To this end, I gave my own opinion: joint loan agreement (in order to achieve equality and mutual benefit in cooperation, the cooperation agreement is defined as a joint loan agreement, changing the unequal cooperation mode in the past) Party A: Party B: Based on the principles of mutual benefit, equality and good faith, Party A and Party B jointly apply for a loan of * years from Party B's relationship bank through property mortgage. The following agreement is reached on the joint loan business: 1. Party B is the main lender of this loan, responsible for the application, liaison and guarantee of the whole bank's loan, as well as all bidding procedures including the pledge of tangible and intangible property rights, and assumes all the responsibilities of this loan. 2. As a partner of this loan, Party A is responsible for providing effective real estate as part of the collateral of this loan, and obtaining the right to use part of the loan accordingly, and taking full responsibility for the funds used by Party A. (The above two articles are used to define the respective rights, obligations and responsibilities of Party A and Party B.) III. Party A voluntarily provides Party A's own property with a market evaluation value of about * * * million yuan recognized by both parties as part of the collateral for the loan. No matter how much Party B successfully borrows, Party A will get the right to use the loan mortgaged by Party A at * *% of the real estate assessment value, and thus bear all the interest and repayment responsibilities of the principal. (Further clarify the specific interests, obligations and responsibilities of Party A) IV. When Party A completes the mortgage formalities of Party A's real estate, Party B shall issue a receipt of the mortgaged real estate to Party A, and indicate that the real estate is only used for this joint loan business and shall not be used for other purposes. (The physical receipt shows that Party A has transferred the property right of the collateral to Party B, and the use is strictly specified) 5. Within one week after the bank loan is transferred to Party B's account, Party B will transfer the agreed purpose of Party A to the account designated by Party A at one time, and Party A will issue a loan receipt to Party B. (The loan receipt indicates that Party B has transferred part of the right to use the loan to Party A) VI. The interest on the funds used by Party A must be deposited into the account designated by Party B before * * every month, and paid by Party B uniformly; And deposit the principal into Party B's account in one lump sum within three days before the maturity date of the three-year loan. (Make specific agreement on repayment of principal and interest of funds used by Party A) VII. Party A and Party B must use the bank loan normally and repay the loan principal and interest on time and in full without delay. Eight. Liability for breach of contract: 1. If Party A fails to pay the interest payable on time, Party B will charge a late fee of * *% of the interest amount for each day overdue; When Party A fails to return the principal due, Party B will dispose of Party A's property as collateral to compensate the amount owed by Party A and the liability for breach of contract. 2. If Party A can't recover the property due to Party B's reasons, Party A can claim from Party B according to the mortgage amount of the property recognized by both parties. (stipulate the penalty clauses of both parties' liability for breach of contract to enhance their ability to resist risks) IX. Other 1. "Agreement" constitutes the complete understanding between Party A and Party B on the above matters. This agreement shall not be modified or changed unless both parties sign it in writing. All previous contracts between the two parties are no longer valid. 2. This agreement is made in quadruplicate, with Party A and Party B holding two copies respectively, which have the same legal effect. This agreement will take effect immediately after being signed on the date indicated below. 3. In case of any dispute between Party A and Party B during the execution of this Agreement, they shall try their best to settle it through negotiation; If negotiation fails, it shall be settled by the people's court where the loan is located. Location of this loan:.