legal Free Legal Advice

[webmaster_ph]

I once registered a partnership with the SEC and all that they required is that you state the capital contributions of the partners in the Articles of Partnership. They didn't require proof that the partners actually contributed the amounts stated in the Articles of Partnership.

They informed me however that it is better that capital contributions be in cash, rather than in kind, because the latter would require proof as to the value of said contributions (which I think would have to be made by an SEC-accredited valuator)

 

that's great! thanks for the info bro.

 

i was quite worried that sec may require large sums of money to register the partnership. besides which, they would require proof like bank statements and the like.

[havagut]

thank you very much for the help, rocco69 :thumbsupsmiley:

 

1. the three of us want to change his surname to my surname. how do we go about this?

Unfortunately, unless you are adopting the child, law and jurisprudence prohibits a change of surname in this case (see Republic v. CA, G.R. No. 88202, December 14, 1998). The reason cited is that changing the surname of the child will confuse people as to who is his real father. what the law allows now is changing the surname of the child from his present surname (his mother's) to that of his father (see RA9255)

 

2. is there a need to seek the biological father's permission?

Since this is not allowed, the consent of the biological father would be irrelevant.

 

3. if i adopt my stepson, will the adoption invalidate his right to demand support from his biological father?

Unfortunately, yes. Under the Domestic Adoption Act (RA 8552), adoption terminates ALL legal relations between the child and his biological parent. This would clearly include the legal right to demand support. Note also that one of the reasons for adopting the child is that the prospective adoptive parent will now be the one to support he child, no the biological parent anymore.

It must also be pointed out that, in adopting the child, you will need the consent of the biological father to the adoption. Since you have stated that he supports the child and visits weekly, I doubt if he will agree to an adoption where he loses all rights to the child.

 

4. will it also cancel his rights as heir to the estate of his father?

As earlier stated, adoption terminates ALL legal relations between the child and his biological parent, hence his right to inherit from his father as an illegitimate child will also disappear.

[Pinoymale]

Mga panyero/panyera,

 

Meron na ba nag-apply or nag-renew ng notarial commission recently? How long does the procedure take and more or less how much will it cost? Thanks!

[ramsstein21]

Question.. If papakasal kau and you are within 18-21 years of age.. Kelangan pa ba na present ang parents of both sides?

[rocco69]

Maliban sa ilang sitwasyon, ang dalawang taong gustong magpakasal sa isa't-isa ay kailangang kumuha ng lisensya sa Civil Registrar (para may patunay na sila ay may kakayahang magpakasal, katulad din ng taong gustong magmaneho, kailangan mong kumuha ng driver's license bilang patunay na kwalipikado ka na magmaneho).

 

Kapag ikaw ay between 18-21, para makakuha ng marriage license, kailangan mong ipakita sa Civil Registrar na payag ang magulang mo sa pagpapakasal mo. Ito ay sa pamamagitan ng:

 

1. Pagpakita ng magulang mo sa Civil Registrar at pagbibigay sa Civil Registrar ng written consent niya, o kung di sila makakaharap ng personal sa Civil Registrar

2. Pagsusumite ng Sinumpaang Salaysay na gawa ng magulang sa harap ng dalawang testigo sa Civil Registrar

 

Kapag may pagpayag ng magulang na maibibigay sa Civil Registrar, ang taong between 18-21 years old ay makakakuha ng marriage license. Pwede na siyang magpakasal. Kung kaya't technically, pwedeng wala ang magulang sa kasalan, kasi ang kailangan, ang magulang ay present sa pag-apply ng marriage license, hindi sa kasalan mismo.

 

Question.. If papakasal kau and you are within 18-21 years of age.. Kelangan pa ba na present ang parents of both sides?

[webmaster_ph]

when registering a partnership w/ the SEC, is paid-up capital required?

 

if so, how much?

 

any other requirements?

[muchovirtuoso]

hi guys, just want some enlightment about the term "Double Compensation" and how it applies to a public servant also working in a private company full time. thanks in advance.

Edited November 8, 2007 by muchovirtuoso

[webmaster_ph]

anybody want to answer this?

[yellowjacket]

Gud AM mga repapips!

 

how can I able to protect our property and business under my fathers name to his second family?

 

I'm the one who's running the business now and my father is getting old na. Sayang ang pinaghirapan namin kung makikinabang ang iba.

 

yung kabit ng tatay ko mataray ang she's starting to make noise. Ayoko naman patulan. Just want it in a legal way.

 

Help naman mga brother!

[moichi]

The by-the-book way:

1. Find out who or what bank/company is the stock transfer agent. You can look at the stock certificate itself. If that information isn't there, call up the Corporate Secretary of the company and ask who is the stock transfer agent.

2. Ask a lawyer to draw up an Extra Judicial Deed of Partition which allocates to the heirs their share in the deceased's properties, to cover the disposition of the shares of stock.

3. File this with the BIR and settle the estate taxes and penalties, if any. You will be required to publish the extrajudicial partition for three consecutive weeks and get an affidavit of publication which you will also need to submit to the BIR. Get your lawyer to help you with this.

4. Present the extrajudicial partition and the clearance from the BIR to the transfer agent and request them to transfer the stock certificates to the designated heir's names.

5, When this is done, you can now sell the stocks.

 

 

maraming salamat po.

[jojoendejr]

Gud AM mga repapips!

 

how can I able to protect our property and business under my fathers name to his second family?

 

I'm the one who's running the business now and my father is getting old na. Sayang ang pinaghirapan namin kung makikinabang ang iba.

 

yung kabit ng tatay ko mataray ang she's starting to make noise. Ayoko naman patulan. Just want it in a legal way.

 

Help naman mga brother!

 

You did not state kung kasal ang father mo sa woman na tinawag mong "kabit". If she's not married to him, their relationship is what we call "common-law relationship". As long as your father is alive, she has no right to make taray (if they are not married to each other). If your father has children with her, they are illegitimates. In case your father dies, each of them is entitled to a share about half of what you would receive, being the legitimate kids. At any rate, if your father dies, she has no right to whatever your father acquired prior to their cohabitation.

[redax]

Also significant to determine if his mom is still alive and the marriage subsisting as this would have a totally different implication on the current relationship of his dad with the other woman.

Edited November 9, 2007 by redax

[webmaster_ph]

Also significant to determine if his mom is still alive and the marriage subsisting as this would have a totally different implication on the current relationship of his dad with the other woman.

 

how would this affect the situation?

[yellowjacket]

You did not state kung kasal ang father mo sa woman na tinawag mong "kabit". If she's not married to him, their relationship is what we call "common-law relationship". As long as your father is alive, she has no right to make taray (if they are not married to each other). If your father has children with her, they are illegitimates. In case your father dies, each of them is entitled to a share about half of what you would receive, being the legitimate kids. At any rate, if your father dies, she has no right to whatever your father acquired prior to their cohabitation.

 

 

Also significant to determine if his mom is still alive and the marriage subsisting as this would have a totally different implication on the current relationship of his dad with the other woman.

 

Brothers! Actually my mom still ok and my father still living with my mom. Is it proper to transfer the property and business under my name? or waiver something like that?

 

coz I just want to prepare things when the time comes.

[id6230]

Agreed. That is why the petitioner is required to have a "well founded belief" that his/her spouse is dead.

 

An official declaration from the court that the spouse is legally dead.

[john_locke]

Sec. 34. Disloyalty of a director. — Where a director, by virtue of his office, acquires for himself a business opportunity which should belong to the corporation, thereby obtaining profits to the prejudice of such corporation, he must account to the latter for all such profits by refunding the same, unless his act has been ratified by a vote of the stockholders owning or representing at least two-thirds (2/3) of the outstanding capital stock. This provision shall be applicable, notwithstanding the fact that the director risked his own funds in the venture.

If its a corporation, you cannot avail of termination of partnership, since that would only apply to a partnership. Eh, korporasyon nga ang sa inyo.

Di nyo rin naman siya pwedeng tanggalin kasi 2/3rds ang kailangan nyong boto, eh 60% yung kanya. One option would be to withdraw from the corporation by selling your stock. You can then bring with you your workers if they are willing to get out with you.

agree. the decision will be based on votes of the majority.

 

Mga sirs, thank you! sorry took me long to post.

 

So 2/3rds pala ang kailangan para tanggalin sya.

 

Also, it is mentioned sa "section 34" na 2/3rd din ang kailangan to ratify his act.

 

So we have a case then...kung sakali lang na bweltahan kami or baka ipitin yung share na para sa amin sa pag-withdraw namin sa corporation.

 

Many thanks!

[webmaster_ph]

no problem. glad to be of help.

[redax]

how would this affect the situation?

 

Art. 739 Civil Code provides that donations made between parties who were guilty of adultery or concubinage at the time of the donation are void.

 

Art. 1028: The prohibitions mentioned in Art. 739, concerning donations inter vivos shall apply to testamentary provisions.

 

These provisions prohibit the concubine from acquiring any asset from the father through donation or inheritance when the donation or will is made during the subsistence of their illicit relationship.

[webmaster_ph]

i received word that sec doesn't provide official receipts when registering a company.

 

is this true? how is this possible since sec is a gov't entity?

[bonito99]

Not true.

 

Just registered/incorporated a number of new companies recently.

Edited November 11, 2007 by bonito99

[webmaster_ph]

thanks bro.

 

we need the receipts as proof.

[nissan_r32]

masters sorry kung kulit ko...

 

 

i really cant find the exact amount i should pay for the item i want to bring in as ofw.

 

diba may table yan or chart para makita kung ilang percent yung tax sa certain product???

 

please help me with this one

[mp_nyaker]

need advise po mga masters regarding this matter

 

i work for a well-known international bank and im very happy with my 2yrs stay w/ the company until these past few months parang niloloko na kami ng mga bossing namin we were forced to

worked from 7am - 530pm and up though ang ot pay namin is hanggang 5:30 lang then after that thank you na ang mga sumunod na oras. at eto pa ang isang nakakabwisit na nangyari sa min kanina

from 7am - 11am down ang system na ginagamit namin sa pagtatrabaho at naayos lang sya ng 11am na then we were forced to work til 7pm para daw dun sa oras na wala kaming ginawa. tama po ba yun o forced overtime yung ginawa sa min kanina? baka meron sa inyo na taga DOLE jan or NLRC need help po.

[ramsstein21]

Is there a way to get married without asking for the parents consent of each parties? Would it still be legal (with papers)?

[bonito99]

Is there a way to get married without asking for the parents consent of each parties? Would it still be legal (with papers)?

 

yes, there is.

 

what are the ages of the couple?

 

parental consent is material only for declaring the marriage void.