In June he passed away a member of our civil society. We are -we were - three partners at 33%. Now the heirs -4 brothers - are left with this participation, very presumably want to sell; the business is valued at 140.000€ for a part of the premises belonging to the society (appraisal made by a credit institution), and another 60,000€ of the business (carried out by an expert). To us it seems like an absurd valuation, but worst of all -or at least I I think so - is that the heirs are left as silent partners and have a right to distributions of profits, being the three initial partners founders, capitalists and workers, without specifying in the statute that the worker-members are entitled to a greater distribution of the profits for their work. First of all, that this cost does not think of buy, and from here beginning with a litany of options that no idea I have that are legal or can be made. 1 how We may vary the statutes so that the two partners workers were exposed almost all the profit in consideration of your contribution to work? Or, in its defect, to establish a clause of contribution of work if you want to have the right to benefit-sharing. 2nd But, or Can we create a SC new -and thus avoid that the equity partners participate in benefits - the two remaining partners using only 66% of the local without having to pay any kind of lease or agreeing as propiertarios 66% on a lease - witness for the other remaining 33% that are not going to use? 3rd But, or what we Can settle between the two remaining partners, with 66% of the current society to a zero balance -except for the local - because unless tooling is cheap, the only thing that we believe gives value to the business is the provision of work? 4th But, or what we Can settle between the two remaining partners with a 66% society current firing prior to the current workers with a total compensation of about€ 25,000 for down the 60,000 - € 35,000€ to the valuation of the business, or at least have to bring in their respective part of the society? 5th What other suggestions proposed to you?
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This is a very complex topic to give answer by this route and needs an extremely comprehensive study by an expert. We recommend you to put in the hands of a lawyer who will study your case, since civil societies are complex. As a general rule works the system of majorities, but you have to know the statutes, therefore, it may be possible to modify by regulation the distribution of dividends and work. On the one hand, as a general rule, it should already be done, that is to say, on the one hand having a "payroll" for working and for other "cash dividends" if there are benefits, and are dealt. Having workers, the issue is more complicated, with the possibility of compensation for unfair dismissal in the event of dissolution without succession of a company... In regard to the use of local, if a society is proprietor of the same, you can use it... if it is not, you need a contract (normally for hire) for you to use. A specialized lawyer will study your case and look for possible alternatives and solutions.