Monday, December 14, 2009

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Court of Appeals for the company name of the entrepreneurial society & Co. KG

The Court of Appeal (1 W 244/09) had to decide was whether the company name as a GmbH & Co. KG is also acceptable if the personal liability of the limited only by one or more entrepreneurial companies will be accepted. The 1 Civil Division of the KG came here the following result:

"The company of a commercial partnership" ... GmbH & Co. ... "is not permitted if only contractor companies as defined in § 5 paragraph 1 GmbHG personally liable."

The Senate is here largely on the information needs of the legal affairs:
"From the limitation of liability distinctive name according to § 19 para 2 HGB must indicate what type of society in mind, where the person liable. It is true that the company no longer has the function, the identity of the person to inform the general partners, § 18 para 1 HGB. However, it has to be disclosed for reasons of transparency, corporate and liabilities on the right. "
also lies also a violation of § 18 para 1 sentence 2 HGB, as you can about the company name was likely to mislead, that general partner of the parties a company as defined in § § 4, 5 GmbHG was.

one considers the duty of the contractor company also designated as such (cf. § 5 para 1 GmbHG), ie it appears with the additional business company (limited liability) or UG (limited) to name, so it obvious that under the company of KG are nothing else can. Accordingly, the designation as GmbH & Co. KG, in fact, would be misleading.

link to the decision (via Regional Labour Court of Berlin-Brandenburg in cooperation with juris)

depth review of the verdict Wachter, company name is the business company (limited liability) & Co. KG in: NZG 2009, 1263 et seq recommended.


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