Q. Good day po Atty. Greetings!
Attorney may problema po kami with regards po sa business na tinaguyod namin ng asawa ko at mother in law ko po.
May pinatayo po kami na business (sole proprietorship) under my name engaging distribution of pharmaceutical products. Nag simula po ang business sa capital ng mother in law ko po. The business is now 22mos and going strong .
Ngayon namatay po si mother in law ko po biglaan without any last will. Ano po ba rights namin ni misis since kami naman po nagpalago ng business.
At ano po rights ng mga kapatid niya bali lima po sila pagdating po if may hatian po na magaganap since mama naman nila nag capital. Is it considered a family business? Kasi in the first place, wala naman po ni piso na invest yung limang kapatid niya? Kumbaga
binuo namin yung business kami po tatlo ng asawa ko, ako at mama niya which is Mama niya po nagbigay sa amin ng capital. Medyo complicated na po kasi yung usapin. Gusto ko po sana maliwanagan when it comes to our rights. God Bless. Thank you. DDS
ANS: Hello there, Base sa kwento mo, technically and legally, kayo ung may-ari ng business dahil nasa inyo nakapangalan ung business as single propertorship. You can insist on this. However, since admitted mo naman na ang capital ng business ay galing sa mother-in-law at kung ito ay alam ng lahat ng magkakapatid o mga anak ng mother-in-law mo, they will insist na kasama sa estate or ari-arian ang nasabing business.
In the interest of equity and fairness and in preserving the harmony of the family, you may consider the option of sharing part of the equity of the business amongst the siblings.
2
Sa kabilang dako naman, since kayo ng mrs mo ang nagpalago ng business kayo ay maituturing na industrial partner sa business in a informal sense . It is a question na lang kung ilang percentage ang maging share ninyo sa nasabing de facto na business partnership, lalo na kung noong nabubuhay pa ang inyong mother-in-law, ay recognized niya ang inyong effort, talent at oras na ginugugol ninyo sa business.
Pag usapan ninyo ang masilang isssues na ito with the rest of the family and explore ang win win options given na kayo rin ang nagpalago ng business. You could offer 1/2 or 1/4 of the business equity or interest, divided equally to the five(5) siblings as the case may be which ever is appropriate and mutually acceptable and the rest of the equity belongs to you and to your wife. You may buy them out of the 1/2 or 1/4 of the equity, para tuluyan ng maging exclusive mo ang itinayong business ninyo upang maiwasan ang kagulan sa business pag marami ang makikialam.
Xxxx xxx
Learning is empowerment. For more information follow the Batas Pinoy in the YouTube.com Batas Pinoy Channel. kindly click the subscribed, share, like buttons and tap the notification bell, for future video updates.
Disclaimer: Batas Pinoy Global Community(BPGC). Not Legal opinion:
Material placed on this corner is for the purpose of providing information only. Any communication from this corner does not create lawyer-client relationship of whatever nature and for whatever purpose. It is not intended as practice of law or legal services. Although the writer believes this information to be accurate at the time it is first provided or as relayed by the person asking or soliciting the information from the writer. Such circumstances or understanding of the facts as conveyed to the writer by the sender may not actually reflect the ultimate facts or circumstances earlier represented and as understood by the writer.
This writer makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information provided in this writing. The contents provided by Batas Pinoy Global Community(BPGC) are not meant as substitute for legal opinion. Always consult your lawyer or other legal professionals for legal advice as regards the emailed or forwarded queries and the corresponding information furnished or as viewed by BPGC.
Readers who may have legal concerns affecting their persons, property, rights, title and related interest concerning Philippine laws and jurisdiction, are welcome to e-mail their query either in English or Pilipino in plain, concise and orderly presentation of facts, (as no follow-up or clarification of queries will be entertained to give way to others in the queue ) in order to avoid vagueness and mis-appreciation of the facts of your stories. For appropriate information write to: bataspinoychannel@gmail.com .
WARNING: This communication is intended for use by the individual(s) to whom it is specifically addressed and should not be read by, or delivered to, any other person. Such communication may contain privileged or confidential information. If you have received this communication in error, please notify the sender and delete this e-mail message immediately. Thank you for your cooperation. * * *