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Legal Corporate Problem Against Foreign Husband....Please Help!

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restlessgypsy2010


Arresto Menor
Hello Pinoylawyer,

I have a problem. I'm married to a French national. I left him a year ago due to irreconcilable difference. I wasn't able to process for annulment yet due to lack of funds.

Now here's my problem, we have a business, a shrimp farm. He was playing it safe right from the start that's why he created a corporation. You can say that I'm just a puppet CEO. Still, I'm the one who signs all important documents, like SEC reports among other things.

Now, living with him was extremely hard that's why I decided to leave. I cut off all communication with him because of so many factors. I can honestly say that he's a pretty unstable guy. That time, I didn't think much of my obligation to the company. I keeps on throwing money issues in my face, and it's hurting my pride and emotional well-being as well, that's why I just decided to leave. However, the business is still in full operation after I left.

A few days ago, one of my loyal workers said that they were dismissed without any reason. Frenchie is such an unfair employer, looking down on my people, so proud of himself. He even forced them to sign a contract to cut his ties on all legal obligations to the workers. Good thing they didn't sign. What they did though is file a case sa labor against Frenchie.

Now, I'm pretty sure that he's been using my name all these times, and I'm pretty worried about it. Here are my questions:
* Do I still have a right to the business despite the fact that I turned my back almost a year ago?
* Is it possible for a shareholder to file bankruptcy without my signature? His share to the business is only 10%, I guess. I'll have to check the papers to be certain. Mine is 59%.
* Since I left him, I think he's only here on a tourist visa. Foreigners are not allowed to run a business on a tourist visa, right?
* What else should I do? He found another foreigner whom he already allowed to live in our resthouse sa farm. I was told that the guy will be his soon-to-be business partner.

I'm really worried. I don't know what to do. I need help so bad. But I don't have sufficient cash to pay for a lawyer. I want to give this guy a lesson, and probably have him deported.

Please help me. Any advice will surely be appreciated. God bless!



Last edited by restlessgypsy2010 on Sat May 07, 2011 2:11 am; edited 1 time in total

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attyLLL


moderator
i would take the position that your and his shares are conjugal property which he can administer even without your consent. does this shrimp company own real estate? nevertheless, you can make things complicated by demanding a meeting of the board of directors and you can then exercise your share holdings to set a board under your control. then sack him as an employee.

the labor case is not technically against him but against shrimp co.

to make matters complicated for him, have him reported to the nearest dole office so he can be checked if he has an alien certificate of registration.

the workers can file a complaint at the Bureau of Immigration to declare him an undesirable alien. or apply for a watch list order as a result of the labor case.


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restlessgypsy2010


Arresto Menor
attyLLL wrote:
Thank you for replying to my post.

i would take the position that your and his shares are conjugal property which he can administer even without your consent. does this shrimp company own real estate?
We bought the lease rights of the shrimp farm under BFAR. We bought it for $3.5 million. And now that it's fully developed, it should be worth above $5M if sold.

I take it he can exercise our conjugal rights. But then again, I don't think that extends to him forging my signature, which is the only way for him to be able to file an annual report to SEC. So, that's one point on me if proven, right?

nevertheless, you can make things complicated by demanding a meeting of the board of directors and you can then exercise your share holdings to set a board under your control. then sack him as an employee.
One of the board of directors is my father whom he also dismissed nastily. My Papa was the acting manager that time. We had my parents live in the farm resthouse to supervise the business. When things went sour, my parents went to Bohol for a short vacation. He just packed their things during their absence and dumped everything in the bodega. I couldn't believe someone could do that. So, there was a nasty argument when my parents returned quickly when they learned about what happened. But they just took their things and left afterwards.

For my sake, my family just quietly left the place and let him have his fill on the farm. My father is also listed as member of the board of directors.

So, all the board of directors are basically my family members...with one aunt whom we are not in good terms with.

Do I still have rights to do the "sacking" when the fact remains that I turned my back on him and the business for a year already?

the labor case is not technically against him but against shrimp co.
Regarding the labor case, since I am the acting CEO of the company, does that mean I will be the one who will face trouble? The caretakers are filing a case against him because of the way he treated them.

to make matters complicated for him, have him reported to the nearest dole office so he can be checked if he has an alien certificate of registration.
I will do this. But, just like the way he does things before, I think he's just on a tourist visa. I will check with the Bureau of Immigration though.

or apply for a watch list order as a result of the labor case.

I will do this. I will also advice my employees to tell their lawyer about this.

one more thing, is it possible for him to file for bankruptcy in my absence?


Thank you so much for your reply. This is such a great insight! God bless!

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