{"product_id":"vragen-45020-ik-heb-een-vof-samen-met-een-familielid-er-is-besloten-om-de-vof-te-stoppen-en-beide-op-eigen-benen","title":"Legal assistance with partnerships and financial settlement","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e \nI have a general partnership with a family member. It was decided to stop the general partnership and to continue on our own. We are now in the middle of a financial settlement. My family member has worked many more hours in recent years (against the agreement but unfortunately not recorded on paper). These were not paid at the time because the division of the general partnership was 50% 50% and our advisor said that one person simply works more than the other. Our new advisor says that he is entitled to be paid for the overtime for all those years. However, there is no longer that much money in the business account. I now owe the difference to my family member and I have to pay him from my new company. Is this correct?\n \nFurthermore, my family member has also worked for acquaintances and has not declared these hours since these people could help him with something else, offset against each other. My family member therefore has a private benefit from something that was taken from the business. I have been told that this can also be compensated with the overtime. Is this allowed\/possible? Hasn't the family member benefited from this privately? And if so...at what hourly rate should this be settled?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nIf there is a written company agreement between the two of you, then of course read it first, with regard to your question whether the extra hours that have been (apparently irrefutably) worked by your family member also entitle him to an extra claim on the profit. If nothing has been arranged about this and the rest is that profits\/losses are divided 50\/50, then your family member is not entitled to an extra share of the profit. This of course does not alter the fact that it may not be reasonable that if it is established that your family member has contributed considerably more to the profit, he does not receive an extra reward for this.\n \nThe question is whether the hours that your relative worked for acquaintances, without charging them on behalf of the firm, are hours that he should have invoiced on the basis of the firm agreement. If so, then it seems to me that compensation with the 'too many' hours worked on the basis of the usual firm hourly rate is obvious. In general, if the work that was done for the acquaintances is equal to the work that is normally done within the firm, the firm will have been disadvantaged, because no invoice was sent, but your relative did receive something in return (outside the firm).\n\n If the work was done for acquaintances without this being in violation of company agreements (''doing a favor to a friend''), then compensation is less obvious.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55017462071645,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-45020-ik-heb-een-vof-samen-met-een-familielid-er-is-besloten-om-de-vof-te-stoppen-en-beide-op-eigen-benen","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}