[FREE LEGAL ADVICE]

QUESTION:

At the beginning of last year, my husband contributed capital with 2 other people to establish a production & trading company. The director holds 50% of the shares and my husband and one other person 25% each. The contributed capital will be returned to the personal account of the director. Before Tet saw that the company was doing well, the director wanted to push other shareholders out and buy back all the shares, but because the customer had not paid, he still did not pay and did not sign a contract to buy back the shares. Previously, there was a salesman who found customers for the company (but then quit). But the director only counted the orders that Sales brought back as profit sharing for shareholders, and the following orders, he gave all of them to him, even though they were still old customers that Sales brought back. And I also list the things I do to increase my salary to nearly 100 million. So is he wrong? My husband is currently working as an accountant for the company, but now wants to take a break and withdraw capital, but the director turned around and said he didn't want to buy CP anymore. If my husband wants to sue, what should I collect? This company does not have an employment contract. Can anyone help me with advice. Currently, my husband is very stressed about this because the investment capital is borrowed by us.

ANSWER:

Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:

Pursuant to the provisions of the Enterprise Law 2020 and the provisions of the Civil Code 2015.

Regarding your question, in case your husband wants to sue, it is necessary to collect evidences related to the capital contribution between the 3 parties and documents to record the divided profits to have grounds to prove the content of the agreed party. In addition, if your husband works as an accountant at the company, you can provide additional accounting data about this capital contribution or any data related to the 3 parties. These documents, after being collected, need to be evaluated for validity or how they can be collected so that they can be used as evidence in court. MEDLAW advised the Court to accept the settlement. In case you need more detailed advice on how to collect documents, proofs and lawsuit procedures, you can use MEDLAW's legal consulting services for more specific advice.

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