Contract For Responsibility Of Assets Management

Contracting parties:
 
Owner of assets: hereinafter referred to as Party A;
Asset management Party: hereinafter referred to as Party B.

In accordance with the spirit of reform of the separation of ownership and management rights between the CPC Central Committee and the State Council, in accordance with the decision of the people's Government of the municipality to approve (or implement) the asset management responsibility system, the party shall be selected as the owner of the plant property management through the city's public bidding and careful evaluation. In order to clarify the rights and obligations of both parties, it is agreed upon by the two sides that the contract for the operation of this asset is specially established.

Chapter 1 term of business responsibility

The term of this period of operation is from January to date of the year and ends from year to month.

The second chapter is about the objectives of business responsibility.

During the period of operation, Party B guarantees that the total profit will be $10000 (including income tax, excluding Book loss). The objectives are as follows:

From 2000 to December 31st, it reached 10000 yuan in that year.
The annual realization of 10000 yuan;
The annual realization of 10000 yuan;
...

Two, the actual price of assets calculated according to the total profit realized during the operation period is 10000 yuan, and the asset price after the increase is guaranteed to be 10000 yuan (formula and description).

Three, before the implementation of the asset management responsibility system, the potential loss of enterprises will be gradually digested into the cost year by year according to the amount verified by the Finance Bureau. Before carrying out the asset management responsibility system, the book loss should be compensated after the tax payment is made by the enterprise.

Four, while ensuring the realization of the target profit of 10000 yuan, we will extract the depreciation fund by 10% of the annual depreciation rate, and extract the overhaul fund by 5%.

The third chapter: rights and obligations of the two sides.

1. From the date of entry into force of this contract, Party B (the representative) shall be the legal representative of the factory and exercise the rights of the director.

Two. Under the premise of complying with the laws, regulations and policies of the state and local governments, Party B shall enjoy the following rights:

1. for the appointment and removal of administrative cadres of the enterprise (nominated by Party B by Party B, and submitted to Party A for the record);
2. institutional setup rights;
3., the right to reform the internal distribution system and the autonomy of production and operation.
4. the right to employ, reward and punish workers, and those who are severely violating discipline and failing to educate themselves, shall have the right to deal with them in accordance with the state labor system.
5. Party B has the right to lease the idle assets of the enterprise under the premise of guaranteeing the value added, safety and integrity of the assets. However, the sale, transfer and clearance of the scrapped fixed assets must be approved by Party A, and the proceeds can only be used for the enterprise's technological transformation and equipment renewal.
6. Party B has the right to resist any interference from outside organizations and individuals who are not responsible for economic responsibility in accordance with the provisions of the state laws, regulations and policies, and has the right to refuse to occupy, misappropriate, and adjust the property of enterprises and unreasonable apportionment without compensation.

Three Party B has the following obligations:

1., we must adhere to the direction of socialist management, implement the laws and policies of the party and the state, conscientiously accept the supervision of Party organizations and the workers' Congress, do well in democratic management, and ensure that the behavior of enterprises is in line with the interests of the state and the requirements of macro control.
2. if we manage well and make good use of all the property of the enterprise, all the property of the enterprise must be covered by social insurance.
3. the basic depreciation fund and the overhaul fund will be extracted in full and on time. The funds for renovation and renovation and the overhaul fund can only be used for technological transformation, new equipment, new product development and special loan repayment.
4. the creditor's rights and liabilities arising from the operation of Party B shall be cleared and settled by Party B during the term of office, and the loss and proceeds of bad debts shall be dealt with according to the financial system regulations.
5. Party B must guarantee the payment of labor insurance premiums and the payment of labor insurance premiums for the employees who have paid the contract system according to the regulations, so as to ensure the continuous improvement of the welfare and benefits of the employees within the scope of the state regulations and the permitted economic conditions of the enterprises.
6. Party B shall be audited by the auditing department when its business is completed.

Four Party A has the following rights and obligations:

1. Party A has the right to inspect and supervise the execution of the contract by Party B, and has the right to perform the management function of the industry.
2. Party A has the obligation to guarantee that Party B enjoys the preferential conditions granted by the higher authorities within the scope permitted by the state policy.
3. Party A shall not exceed the right to interfere in the normal production, business activities and personnel appointment and removal rights of Party B.
The fourth chapter is the distribution of economic interests.
1. The profit realized during the contract period shall be paid by%%, and%% to the regulatory tax (or exemption from the regulatory tax). If the income tax paid over the annual profit base is refunded by% (or not returned), the financial return part can only be used for the development, production and return of the medium and short term loans.

Two, the loan to the bank or the finance before the asset operation is still handled according to the original loan contract; the principal and interest shall be paid back after the profit after the asset operation is carried out.

Three, the profit that the enterprise realizes during the operation period shall be based on the number of final accounts approved by the Municipal Finance Bureau. The enterprise's pre tax profits return special loans, allowing the "two gold" to be extracted according to the prescribed proportion. The source of "two gold" is determined by excess profits. After tax profit is deducted from the income of operators and collaborators, the proportion of production and development fund accounts for%, reward funds account for%, and welfare funds account for%. Changing the proportion of distribution must be approved by the Municipal Finance Bureau.

The fifth chapter rewards and punishments.

1. Party B's annual target profit index can be paid twice as much as that of the standard wage, and it will be paid in advance by 150% of the standard wage for the month. Among them, the extracted% is used as a risk fund, which is deposited in an enterprise without interest and is not allowed to be used without the consent of Party A. The standard wage part of the company can enter the cost, which exceeds the standard wage portion in the tax payment after the enterprise. The target profit index of the unfinished year shall be compensated by the profit margin of the enterprise. If the base period profit index is reduced by 1%, the basic income of Party B will be reduced by 1%, and the decrease of more than 20%, the business qualification of Party B shall be re examined.

In the year of 2., the excess profit can be transferred to the next year. When the business is completed, the profit exceeding the target profit will exceed 10% of the annual standard wage per party, exceeding 1%.
 
3. the value added income, the ratio of the assets price calculated by the winning bidder profit of the operator and the asset price calculated by the operator at the time of winning the bid, and the value increment of 15% to 30% can be extracted by more than 1%, and 10% of the annual standard wage can be extracted. The asset value increment of more than 30% is increased by 1%, and the 5% of the standard wage is extracted. When asset impairment is deducted, the standard wage is deducted according to the proportion of value added incentives.

4. on the basis of the completion of the annual target, less than 100 thousand yuan (including 100 thousand yuan) should be awarded to the Party B (including partners) 10% in excess of the quota, and 5% of the bonus exceeding 100 thousand yuan. However, the total amount of employee awards shall not be less than the total amount awarded by Party B (including partners). The source of its funds is paid out in the reward fund recovered from the loan.

5. the income and reward of the partners of Party B shall not be higher than that of Party B's personal income and rewards and punishments. The specific calculation method is:

(asset value added new and old equipment should be assessed together, and the added value of new and old equipment should be calculated on the basis of their respective net value. In the settlement of business responsibilities and rewards and penalties, the raw materials, fuel, electricity shortage and price adjustment are not considered.

The sixth chapter is economic guarantee.

1. Party B must use RMB (cash or negotiable securities) as collateral, and the guarantor (partner) must pay the same amount of deposit.

2. the deposit and deposit must be checked and maintained by the finance department at the time of signing the contract, and shall not be used without the consent of Party A.

More than 3. of the mortgage, risk deposit and deposit will be reimbursed to Party B and guarantor as soon as the term of operation is completed and the economic indicators stipulated in the contract are fulfilled as scheduled.

The seventh chapter is the modification, termination and dissolution of contracts.

1. both parties shall not alter, terminate or terminate the contract at will. Without proper reasons, Party A shall undertake financial responsibility in accordance with the law when changing, terminating or cancelling the contract.

2. any one of the following situations may be changed, terminated and terminated by the arbitral department according to the procedures. Party B violates the law and discipline, causing serious losses to the enterprise and damaging the interests of Party A. Party A has the right to terminate the contract.

Party B has the right to terminate or terminate the contract if the party fails to achieve 80% of its profit in the year because of poor management.

Party A exceeds the provisions of the contract, interferes with the autonomy of Party B, so that it can not fulfill the terms of the contract, Party B has the right to terminate or terminate the contract.

3. in view of the adjustment of national policies or the natural disasters that are irresistible to human beings, it is necessary for the parties to negotiate amendments and supplementary provisions if they really need to change or terminate the contract.

Eighth chapter supplementary provisions

1. if Party B fails to perform its duties temporarily due to special reasons, it may entrust another person's agent after notification to Party A, but the business responsibility shall not be transferred because of entrustment.

2. the highest decision-making body of an asset management enterprise is an enterprise Council composed of representatives of assets owners, representatives of operators and staff representatives.

3. the contract and its annex shall come into force on the date of signing, and shall terminate on its own when the business is completed.

4. the matters not covered by this contract shall be settled through consultation between Party A and Party B, if any dispute is decided by the government or the court.

5. the contract is notarized by the notary office. One copy of the original contract, two parties and notary offices, and several copies of the contract shall be sent to the relevant departments for future reference.

Party A: (seal)
Delegate: (signature)
* * x Notary Office (seal)
Notary (signature)
Party B: (seal)
Delegate: