Details Company incorporaton partnership (Kommanditgesellschaft)
A “normal” partnership usually involves at least one partner and at least one general partner. In contrast to the partner, whose liability is limited to the partner’s investment entered in the Companies Register, the general partner has unlimited liability with all his assets, and is therefore also referred to as the personally liable partner. The general partner is therefore usually the only one entitled to manage and represent the partnership; the “ordinary” the partners however have checking rights.
Company foundation process
The task for the foundation of the partnership is arranged so that even at the time of commissioning, you generally provide all the information that we need from you in order to prepare the documents for the foundation of the partnership.
After commissioning, we first check the permissibility of the required company name by preliminary enquiries to the responsible court of registration and/or responsible chamber of commerce and industry. On request, we also check for conflicting brands, companies and domains.
Together with a notary, we then compile the founding documents on the basis of your information provided when commissioning us, which include the company articles of association and the application to the Companies Register. If the company foundation is to be carried out by an authorised representative or trustee, we also prepare the necessary authorisation or trustee contract for you. We agree all the drafts with you, and if necessary explain the contents and consequences of the relevant regulations.
If one of the partners is a foreign company, further documents are required. The court of registration requires confirmations that the foreign company exists, and who represents the foreign company. Depending on the country of origin, you require officially certified copies, an endorsement and/or a certified translation. We will then tell you which requirements apply in the individual case.
The actual company foundation takes place when the company articles of association of the partnership are signed, and the application for foundation of the partnership is made to the Companies Register. Normally the foundation of the partnership is subject to entry in the Companies Register. The application to the Companies Register is submitted electronically to the court of registration by the notary, although not the company articles of association.
Finally, the court of registration checks the application to the Companies Register, and if there are no objections, enters the partnership in the Companies Register. In our experience, it takes only 2 to 4 weeks from the commission until entry in the Companies Register.