Persons Company: Public / silent partnership

Miscellaneous rlawlsgh275 August 8, 2016 0 2
The collaboration of two or more people in a company can take shape by establishing a partnership.

Partnership, or V.O.F C.V

The terms ?? ?? partnership, general partnership and CV are changed. Now we speak of the partnership. A distinction is made between a public partnership and a silent partnership.

What is a partnership? Features partnership

According to the definition of art. 7: 800 of the Civil Code, individuals COMPANY five characteristics.
  • Agreement for cooperation: cooperation between two or more persons is central. They put their agreements in a contract that they sign at the establishment.
  • For joint account, each partner puts his income into a common pot. The costs are also paid out.
  • two or more people: associates
  • focused on gaining patrimonial advantage for the partners. Each partner receives an equal share of the profit or loss. If they want a different division, they need to include them in the agreement.
  • by means of contribution by each of the partners. All partners bring something ?? ?? in: capital, machinery, knowledge, labor, relationships.

Public partnership

The Civil Code distinguishes between two types of companies: the public and the silent partnership. In a public company, each partner is jointly and severally liable for the debts of the company. Every associate can therefore be held liable for the total debt. A public company to the outside world as one company under one name.

Silent partnership

A silent partnership means that the partners work together internally, but come forward as independent professionals. A silent partnership is not public. Each partner is an equal part liable for the debts of the company.

Public partnership with or without legal personality

A public company has a choice: whether or not a legal person? Legal personality implies that there is independence in the legal field. A loan is then closed on the company name instead of the name of the partners.
A public company with legal personality is sometimes abbreviated to ?? ?? ovr. If the partners choose a public partnership with legal personality, they remain with their private assets liable for the debts of the company.