Partnership Law

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Basic data
Title: Law on Partnerships of Liberal Professions
Short title: Partnership Law
Abbreviation: PartGG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Corporate law
References : 4127-1
Issued on: July 25, 1994
( BGBl. I p. 1744 )
Entry into force on: July 1, 1995
Last change by: Art. 7 G of December 22, 2015
( Federal Law Gazette I p. 2565, 2568 )
Effective date of the
last change:
December 31, 2015
(Art. 10 G of December 22, 2015)
GESTA : C043
Please note the note on the applicable legal version.

The law on partnership companies for independent professions (Partnership Company Act - PartGG) regulates the requirements in Germany for the new legal form of partnership created in 1995 . In such a partnership, members of a liberal profession can join forces to practice their profession ( Section 1 (1) of the PartGG). You also have the option of choosing other forms of company (e.g. GmbH ).

The partnership is registered with the locally responsible partnership register ( § 4 PartGG). The name of the company must contain the name of at least one partner with the addition “and partner” or “partnership” ( Section 2 (1) of the PartGG).

A partnership contract ( § 3 PartGG) is required, in which at least the following are to be regulated in writing :

  • Name and seat,
  • Surname, first name, occupation and place of residence of the partner and the
  • Subject of the partnership.

The partnership appears to the outside as a community. It has all the legal consequences that would affect an individual partner. However, if only individual partners were involved in the processing of an order, in addition to the partnership itself, only these partners are liable to the creditor ( Section 8 PartGG). However, this limitation of liability only applies to legal transactions related to the exercise of the profession. For example, when ordering office supplies, all partners are jointly and severally liable as in a GbR .

literature

  • Martin Henssler : Partnership Law (PartGG). Comment . 2nd edition, CH Beck, Munich 2008.
  • Wienand Meilicke / Friedrich Graf v. Westphalen / Jürgen Hoffmann / Tobias Lenz / Reinmar Wolff: Partnership Law. Law on Partnerships of Liberal Professions . 2nd edition, CH Beck, Munich 2006.

Web links

Individual evidence

  1. Law to create partnership companies and to amend other laws (PartGSchG) . In: Federal Law Gazette . Born in 1994 Part 1, No. 48 . Federal Gazette, July 30, 1994, p. 1744-1747 .