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Economic Development Dortmund
Partnership at Will („Gesellschaft
bürgerlichen Rechts“ – „GbR“)
The partnership at will (equals approximately with the German “Gesellschaft
bürgerlichen Rechts” or “BGB-Gesellschaft”) corresponds
closely with the one-man business. There is no minimum capital needed
and the foundation formalities are very limited, as well.
In contrast to the one-man business, several partners can join forces
in the partnership at will. Generally, these partners conclude a partnership
agreement, in which the relations between the partners are fixed (this
is not necessarily prescribed, but recommendable).
The partners of a partnership at will are personally liable without limits,
i.e. also their private means. It is important that the name of the enterprise
has to contain the first names and surnames of the partners and, in addition,
contains an annex of the actual business. Example: “Karl Meier &
Günter Vogel Wäschereinigung GbR“ (Karl Meier & Günter
Vogel Laundry Dry-Cleaning“ Partnership at Will).
The entry of a partnership at will in the Register of Companies is not
possible; if so, it has to be renamed to a general or limited partnership.
If the business of a partnership at will gets more extensive and requires
a business led according to business principles, the partnership at will
automatically becomes a general partnership (“oHG”) and has
to be listed on the Register of Companies.
The partnership at will is not allowed to lead a firm and to give procuration.
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General Partnership
One-man
business