Chapter Ninety-Seven: Reaching an Agreement
When everyone looked at the screen and was still trying to straighten out the relationship between these professional terms, Mr. Zhang actually had a bottom in his heart, and just wanted to finalize this joint development through a more serious occasion, which could be regarded as fully respecting Li Zhong's opinions.
Lawyer Ma glanced at Mr. Zhang, got his signal, and continued to talk about the second type of unincorporated cooperative development later.
Unincorporated cooperative development is also divided into a joint management agency and no joint management agency.
The establishment of a joint management body is a relatively simple way of management.
The two sides of the cooperation each send a number of personnel to form a joint management body, tentatively called the "joint construction office", whose responsibility is to coordinate the various relationships between the two sides in the joint development, make decisions on major matters in the cooperation, and specifically operate and manage the development project. The highest difference between a joint management agency and a project company is that it can only act as an internal management body, not an independent civil entity, and does not have the ability to conclude contracts with the same civil rights, nor can it independently bear civil liabilities externally.
Lawyer Ma paused, deliberately picked up the cup and took a sip of water, feeling that this paragraph should be easy to understand, looked at Mr. Zhang and Li Zhong, saw their thoughtful looks, paused for a while, Li Zhong saw that Lawyer Ma stopped temporarily, turned his gaze to Mr. Zhang, the two smiled knowingly, and motioned for the lawyer to continue.
Continuing to talk about the fact that if a project company is not established, a joint agency will not be established, but each will independently perform its obligations and share the benefits in accordance with the contract.
This approach is suitable for relatively simple projects. It is characterized by the fact that all parties to the cooperation jointly invest in the development of a real estate project, but only one party of the project is shown to the outside world, and the rights and obligations of both parties to the cooperative development are reflected in the cooperative development contract between the two parties. The party that is not registered as the main body of the project shall enjoy the benefits and bear the risks of the cooperative development project in accordance with the provisions of the cooperation contract. However, this method is more risky for the donor, because it has neither land use rights nor actual operational control, and its cooperative interests are difficult to be guaranteed.
These two methods are collectively referred to as unincorporated joint ventures, which are relatively loose cooperation methods compared with the business mode of establishing a project company, so disputes are likely to arise between the two parties, and in practice, one of the more controversial questions is: whether the two parties to the joint development are jointly and severally liable for all liabilities arising from the project (whether or not they arise directly in the name of either party to the cooperation).
However, some people have a positive attitude towards this view, on the grounds that the joint development project is jointly operated by both parties and is jointly responsible for profits and losses, and in line with the principle of equal rights and obligations, the two parties, as a community of interests, should be jointly and severally liable for the external debts incurred by either party due to the project, and the division of their respective responsibilities between the two parties in the joint development agreement cannot have external effect, but can only be used as a basis for internal recovery. According to this view, as long as the court can determine that the arrears are due to the joint development project, it can order the two parties to bear joint and several liability, without having to specify whose responsibility is or which party signs it, and is not subject to the limitation of the division of their respective responsibilities in the contract.
Lawyer Ma systematically explained the advantages and disadvantages of these two schemes, and Li Zhong and Mr. Zhang have begun to discuss how to operate on the side, which is the most appropriate.
Mr. Zhang originally wanted to cooperate in the second part of the first plan, which was to set up a project company, and wanted Li Zhong's Vantone Company to hold a major stake to develop the project. In this way, the sincerity of Mr. Zhang's side is reflected to the greatest extent, Hengan Group is responsible for the land plot and the main funds, and Vantone is responsible for part of the funds and the main management.
In this way, Mr. Zhang can take time off to go to the United States to see a doctor and recuperate, and his employees are basically a different leader to lead them forward. Li Zhong's Vantone Real Estate is basically responsible for the development of all aspects of the entire project, which is tantamount to giving the entire project to Li Zhong, and he is only taking part of the land cost and development income that should be recovered.
"What about this project, we have been looking forward to it for a long time, and now we have decided to start with the model of joint development, and Mr. Li is also here today, so let's determine the specific form of cooperation in the future, the division of investment, the division of on-site management, and the final benefit distribution model, etc., which are more concerned about everyone. It's also what Mr. Li is more concerned about. Mr. Zhang looked around, and finally set his eyes on Li Zhong.
"Mr. Zhang is so sincere, we can't let everyone down, I will make a statement first, Mr. Zhang's opinion is my opinion, and I completely obey Mr. Zhang's leadership. After Li Zhong said this, he was already laughing below.
"Mr. Li is humble!", "Too modest!" "We are still a family......" There are many echoes below.
"It seems that everyone is talking very well, the joint development model, I suggest the establishment of a project company, but with the second plan, we both cooperate in the form of shares, our Hengan Group will account for 45% of the shares with the land and 20 million yuan of funds, and it is recommended that Wantong Group is responsible for all the development matters in the later stage, you account for 55% of the shares, we will give you all the value of your life, you have to work hard!" After Mr. Zhang finished speaking, he sat down to drink water, probably feeling unwell.
"It's a little too good for us, we're the main trader, there's no problem, but it's a bit too much for us!" Li Zhongzhong said sincerely, everyone should no longer discuss. Although it is said that as the main body of development, the risk will increase a lot, but how much risk will there be in the future! The first phase has already opened, and the second phase is a matter of steady profit. This is obviously to give Li Zhong a big bargain!
But seeing that Mr. Zhang's attitude is so resolute, and seeing that other shareholders agree, they are considering how much they can earn, and the specific opinions are still up to Mr. Zhang!