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Business partnership issue sa Resto

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1 Business partnership issue sa Resto on Thu Apr 21, 2016 3:50 pm

animeron


Arresto Menor
hello po...good day. Gusto ko lang po magconsult. Nagput up ako ng resto...general partnership sya and I and my partner agree na ipapangalan ang resto sa sister nya at sister ko. Ako din gumawa ng partnership agreement na pinadala ko sa kanya. Tapos in order to register it sa SEC need siempre ipanotarize ang agreement. Now this is the issue, I discover few days ago na pinalitan nya ang name ng sister nya into his name...by erasing it using liquid paper corrector. I suspect na binura nya yun after nyang mapa notarized kasi I don't think so na papayag ang notary public na magnotarize ng document na may erasure. So, ang question ko po valid ba ang document na yun? Kasi kung hindi balak ko kasi magdemanda kasi medyo masama ugali nya...until now wala syang binibigay na pera sa akin as her capital share sa resto puro pero ko ang nagpapatakbo sa resto tapos gusto nya sya lang nasusunod sa resto at ang gusto pa nya sa kita ng resto kukunin ang pangbayad nya sa capital nya...eh parang niloloko nya ako kasi pera ko naman lahat ang ginamit sa resto. Need your kind advise po paano gagawin ko.

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2 Re: Business partnership issue sa Resto on Thu Apr 21, 2016 4:01 pm

animeron


Arresto Menor
Pahelp naman po or pa-advise please....kasi parang overpowering sya sa resto...sabi pa nga ng mga crew namin kawawa daw sister ko kasi ginagawang utusan and pinagbabawalan na buksan ang cashbox....to think na yung sister ko ang nakapangalan as partner ng resto...and to think na pero po namin lahat ang ginamit para mapatayo at magoperate ang resto (total 840K). Tapos sya until now wala binibigay maski singko.

Need ko po ng help nyo please...pa-advise naman po.

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3 Re: Business partnership issue sa Resto on Thu Apr 21, 2016 7:22 pm

Lunkan


Reclusion Perpetua
Oh you asked same here as in other topic. Yes better here separate, so I post same answer her too:

That's fraud and falsification (or what it's called in Philippine law).
What does he say when you tell him about geting paid and he risk to go to jail?
Does he handle the business bad too?
It seem you and the corect business signer sister better hurry and take the control from the scamer kicking him out...

Making a case IF it's needed.

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4 Re: Business partnership issue sa Resto on Thu Apr 21, 2016 7:29 pm

animeron


Arresto Menor
Sorry po Lunkan...medyo bago po ako dito sa site...di ko alam kanina na pwede pala separate post....salamat po sa advise ha.

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5 Re: Business partnership issue sa Resto on Thu Apr 21, 2016 7:46 pm

Lunkan


Reclusion Perpetua
animeron wrote:Sorry po Lunkan...medyo bago po ako dito sa site...di ko alam kanina na pwede pala separate post....salamat po sa advise ha.
No problem.
But I answer here what you answered there Smile

My Tagalog is bad, so I'm not sure I understood.
If you can't buy out the scamer, you need to support the main owner MENTALY so you can kick out the scamer from the CONTROL
even if you can't kick him out as PASSIVE investor partner (yet). Then you need to give result share to the scamer as the contract say, if you can't make him agree to change, or by force through court (but we never know for sure how courts decide and such cost money and time so going to court is LAST alternative mostly.)

What does the contract say about :
/control? =Has the scamer as investor any power control legaly?
/share to the scamer?

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6 Re: Business partnership issue sa Resto on Thu Apr 21, 2016 8:22 pm

animeron


Arresto Menor
As specified in the partnership agreement submitted to SEC, we have agreed to a 50 /50 share in capital, we have also agreed to have an initial capital of 100 thousand each. But as of to-date, she did not give me anything. The construction of the resto and the operating cost are all being shouldered by me....

Lunkan, can the Partnership Agreement be terminated due the violation of one of it's provision...which is the capital share of the other partner?

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7 Re: Business partnership issue sa Resto on Thu Apr 21, 2016 10:07 pm

Lunkan


Reclusion Perpetua
animeron wrote:As specified in the partnership agreement submitted to SEC, we have agreed to a 50 /50 share in capital, we have also agreed to have an initial capital of 100 thousand each.  But as of to-date, she did not give me anything.  The construction of the resto and the operating cost are all being shouldered by me....

Lunkan, can the Partnership Agreement be terminated due the violation of one of it's provision...which is the capital share of the other partner?
(Asuming the contract don't let capital to be paid later) that make it easier to get rid of the scamer, by beside the falcification the scamer have broken the contract allready by not fullfil the payment.

I don't know, but I suppouse it isn't hard to take away the scamer as part owner in the register. Do that to avoid the scamer can use the register to scam someome to buy the half the scamer haven't paid.
You and the corect sister can be part owners. I suppouse it DON'T need to be 50/50.

I don't know Philippine laws concerning capital in companies,
but I suppouse the invested capital HAVE TO be MINIMUM what's told in the registration,
so you have some problem to cover the total, but you can count the money too which you have added to the cover the operating costs.

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