Spółka jawna

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The Polish Spółka jawna (abbreviation: sp.j. ) is similar to the general partnership under German law. It is a partnership without legal personality , but a Spółka jawna can acquire rights (for example real estate), enter into liabilities, and sue and be sued in its own name.

The company comes into being through the conclusion of a founding agreement, the legal basis is the Polish Commercial Companies Code of September 15, 2000, Dz. U. 2000 No. 94 Item 1037 with changes. An entry of the company in the commercial register is mandatory.

The partners of a Spółka jawna are jointly and severally liable , but only on a subsidiary basis. This means that a creditor of the company can only carry out foreclosure against the assets of a partner if the previous attempt at foreclosure against the company's assets was unsuccessful.