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.
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