legal Free Legal Advice

[azayco]

repost k lang sana may sumagot?

 

Good am po Bro. need k lang ng legal advice? I recently sold my internet shop lately and i was paid for it but i have left a billing of say 24k for internet and telephone charge to the one who bought the internet shop, they treat and subpoena me for not paying them, i try to settle them by paying partial for until recetly i was able to finally able to pay the amount, but they insist that it was still partial, they have insist that i pay june to july internet bill that they use, we have sold the shop to them may 2008. my question po my pananagutan p b k dun eh wala n kami dun sila n naka puwesto? may legal pa b ako hakbang laban sa kanila kase naharass kami, me and my familly saying that i still have a large amount of money that i owe them. they harass me by coming to our family celebration and made this accusation. Hope you could me po Bro.

 

It is not clear to me whether the person collecting from you is the buyer of the shop or the owner of the place where the shop is located (where you are a lessee).

 

At any rate, do you have documentation for the sale of the internet shop? Check if it has provisions relating to the settlement of utility bills. Ordinarily it would contain a provision for a cut-off date where you will be liable for billings up to a certain date and the buyer will be liable for billings after that date. If there is none, you will be liable insofar as (i) Meralco or the electric utility and (ii) the lessor of the space occupied by the shop (assuming you are leasing it) are concerned. You can ask for a refund subsequently.

 

If you are the registered user, notify Meralco of the change in occupant.

 

If you are a lessee, notify the lessor that you no longer own the shop.

[Macy]

One of the major partners in our original company wants to set up a partnership with a separate entity for a business related to the first and will, in effect be sister-company in that it will get some of it's clients from the first company set up.

Would it be alright to set up a Partnership Agreement just between 2 people?

Do we have a Limited Liability Company Operating Agreement in our country?

 

One of the major partners in our original company wants to set up a partnership with a separate entity for a business related to the first and will, in effect be sister-company in that it will get some of it's clients from the first company set up.

Would it be alright to set up a Partnership Agreement just between 2 people?

Do we have "Limited Liability Company Operating Agreement" in our country?

Edited September 9, 2008 by Macy

[azayco]

A minimum of two persons is required for a partnership.

 

You mentioned that the partnership will be one of your fellow stockholders in your company and "a separate entity." Usually, partnerships are formed by natural persons. The SEC allows "entities" like corporations to be partners subject to very well-defined requirements.

 

The Philippines does not have an LLC, but we have a limited partnership. A requirement is one of the partners must be a general partner (with unlimited liability, i.e., liability for partnership debts which extends to contribution to the partnership and personal property) and another one must be a limited partner (liability for partnership debts limited to contribution only).

 

Your friends can set up a corporation instead and just appoint 3 additional persons as incorporators/directors. Each one of them can appoint one additional director and they can agree on the last director (or alternatively, get an independent director).

 

For tax purposes, corporations and business partnerships are treated similarly.

[Macy]

Thank you so much for the reply. I just found out that the other person is a major partner in another company and that they wish to set up a separate but similar company to the original companies they co-own with different partners. If he wishes to go ahead with the partnership then, should the agreement indicate the 50/50 percentage in all aspects (expenses, debts, interests, profits) or is it understood that everything is 50/50?

Edited September 9, 2008 by Macy

[azayco]

Anything goes.

 

They can agree on the relative amount of capital contribution (e.g., 50-50), profit and loss sharing (not necessarily 50-50, could be any ratio), management of the partnership, etc. I suggest you get a copy of the SEC form for articles of partnership. You will find the details of the management and distribution of P/L there.

 

[Don't want to intrude in your affairs, but I think it will also be best if you sort out any overlaps between the existing companies (your fellow stockholder's and his potential partner's) and the proposed partnership. Just to rule out any conflicts in the future.]

 

Good luck!

[Macy]

doing the best i can to prevent any of that... thanks

 

 

:thumbsupsmiley:

[WOlfverine73]

if the bills are under your name,i suggest that you settle the bills immediately, subject to refund from the new owner.

or make the new owner pay the new bill. just discuss the matter with the new owner.

then have the services under your name disconnected. make the new owner apply for net and phone under his name (or have the name transferred)

 

the presumption is that if the bill is under your name, you are the one liable.

====

 

but if the bill is not under your name, you can always threathen those who harass you of a damages suit.

dont pay or dont mind the harssaments. you can even have them arrested for unjust vexation right then and there..

 

 

Sir if they pursue to ask the me to pay them the month that i did not use puwede k b talaga sila balikan?

 

Salamat po uli for the advise Bro.

[WOlfverine73]

It is not clear to me whether the person collecting from you is the buyer of the shop or the owner of the place where the shop is located (where you are a lessee).

 

At any rate, do you have documentation for the sale of the internet shop? Check if it has provisions relating to the settlement of utility bills. Ordinarily it would contain a provision for a cut-off date where you will be liable for billings up to a certain date and the buyer will be liable for billings after that date. If there is none, you will be liable insofar as (i) Meralco or the electric utility and (ii) the lessor of the space occupied by the shop (assuming you are leasing it) are concerned. You can ask for a refund subsequently.

 

If you are the registered user, notify Meralco of the change in occupant.

 

If you are a lessee, notify the lessor that you no longer own the shop.

 

 

sIR Buyer po ng shop, my tita own the place so wala po problem sa tita k. Sa documents for the sale wala po dun provision pero nandun ang date when they acquire the shop, the same date of cut-off date for the telephone & internet bill, kaya it was a puzzle to me why they are asking me to pay the month of june to july telephone and internet bill. it was under my name p po to, pero recently na transfer n po.

 

Salamat uli sa advice.

[chonglai]

Hello everybody!

 

i have a problem with regards to my citizenship. it all started when i tried to get a passport from DFA. When i showed my requirements to them they looked at my bc and saw that my father is a chinese citizen. they told me to go to the Citizenship Evaluation Committee at DFA. They told me that i am a chinese citizen because my father is a chinese citizen. and if i wanted a passport i must apply for it at the chinese embassy. and they also told me that if i want a philippine passport i should apply for dual citizenshhip. I argued with them that i have been voting here in the phil and was born and lived here for 30 years.

 

My mother is a filipina and has never renounced her filipino citizenship.

 

Am i really considered a chinese citizen under the circumstance that my Filipino mother married a chinese citizen and that makes me and my brother chinese citizens as well eventhough we have voted and lived here?

 

how do i go about with this? do i need a lawyer or jsut go about with their suggestion? help please!

[simpatiko]

Hope you would help me clear my mind on this part sir. I am currently applying in government firm and right now i just finished my 1 month training and OJT. Am just waiting for an office order that might came down one to two weeks from now. My concern is, the government agency does not allowed relatives up to 2nd level consanguinity. I dont have any relatives right now but my sister in law would be is currently working in the said company. I will be getting married to her sister this coming november and what bothers me is that they might not hire me because i am not considered hired without the said office order. Is the Law of consanguinity will be applied on my part? I already moved my wedding date supposedly this september but i moved it for the sake of this job in this said company because of this concern. Hope you could help me in this matter.

[pol22366]

Hope you would help me clear my mind on this part sir. I am currently applying in government firm and right now i just finished my 1 month training and OJT. Am just waiting for an office order that might came down one to two weeks from now. My concern is, the government agency does not allowed relatives up to 2nd level consanguinity. I dont have any relatives right now but my sister in law would be is currently working in the said company. I will be getting married to her sister this coming november and what bothers me is that they might not hire me because i am not considered hired without the said office order. Is the Law of consanguinity will be applied on my part? I already moved my wedding date supposedly this september but i moved it for the sake of this job in this said company because of this concern. Hope you could help me in this matter.

 

If the prohibition is any relatives up to the 2nd level of consanguinity you're safe...you'll have a sister-in-law working with you in the same office, she's a relative by AFFINITY.

[simpatiko]

If the prohibition is any relatives up to the 2nd level of consanguinity you're safe...you'll have a sister-in-law working with you in the same office, she's a relative by AFFINITY.

 

Thank You Po SIR!

[spadon]

Does a board resolution (authorizing sale of real property of a company and designating an officer of the company to sign the deed of sale) have to be notarized? We has a small family corporation and were told we needed this resolution to sell property of the company. Pls advice and thanks a lot.

[Dr_PepPeR]

Does a board resolution (authorizing sale of real property of a company and designating an officer of the company to sign the deed of sale) have to be notarized? We has a small family corporation and were told we needed this resolution to sell property of the company. Pls advice and thanks a lot.

 

A Board Resolution, which has the signatures of the majority of the Board members usually need not be notarized. A Secretary's Certificate always has to be notarized. However, since you will need this to sell real property, the Register of Deeds requires all documents submitted to be a public document, in other words it will have to be notarized, whether it is a Board Resolution or a Secretary's Certificate.

[b1gbeauty89]

any query about legal problems...? wag kang mahiya.. free legal advise ni Butsoy...

 

Hi sir...pls enlighten me..my father met a vehicular (tricycle) accident last week> Nakuha naman ng tatay ko yung license nung driver kaso ni isang kusing wala naman naitulong sa amin sa pagpapagamot sa tatay ko. Dinala ko ang tatay ko sa hospital at dun nalaman afterv a series of x-rays na may dalawang bali sa paa. Yung tricycle is not a registered vehicle and marami na din kasong accidente yung driver ano standing ko if i wuill pursue the case? Hindi ko gustio manggipit ng kapwa ang akin lang is makuha ko yung cooperation jila pag dating sa gastos kasi malaki na din ang ngastos namain out of our own pocket . Btw my father is 83 yrs old and a senior citizen already . Thanks in advance po