[ncc-services-wg] Issue with membership/registering resources with a german GmbH & Co. KG
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Carsten Schiefner
ripe-wgs.cs at schiefner.de
Wed Aug 7 18:06:12 CEST 2019
Hi Linda, and next to what Michale has written below, I know at least one GmbH & Co. KG where the City of Berlin is absolutely comfortable to have entered into a contractual relationship with this company. And civil servants are not really known IMHO to act as hazardous rookies... AFAICS the NCC overstretches it a bit here... Best, -C. On 07.08.2019 15:09, Michael Boehme wrote: > Hi Linda, > > I understand from the presentation at RIPE 78 that you want to make sure > resources get allocated to „real/existing“ holders, you want to limit > fraud and make sure you limit your „risk“. > > From the website you mentioned: > https://www.frankfurt-main.ihk.de/english/business/legal_forms/kg/index.html > > I don´t see why a „GmbH & Co. KG“ would not be able to fulfill your > requirements: > > /The KG does not possess its own legal personality distinct from the > partners themselves./ > > /Nevertheless, it is similar to a legal entity in that it can sue and be > sued before a court of law. It can acquire rights and enter into > liabilities, acquire possession and other in rem rights to real estates. > Each personally liable partner has the authorisation to manage and to > represent alone. The limited partners have no representation power to > the outside./ > > The „GmbH“ part is not trading, it is not earning money it is not having > assets and it will be a bad choice if you want to sue it or recover > anything. > (Except the 25.000 EUR share capital that is most likely absorbed by the > KG debts should the KG ever file bancrupcy before you have a chance to > claim your debt). > You won´t even have the chance to claim any of your debts against the > insolvency chart as the assets are in the KG and not the GmbH. > > > Thanks > Michael
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