Partnerschaftsgesellschaft anmelden

The partnership is an organizational form for freelancers. It is a society in which members of the liberal professions come together to exercise their professions. Members of a partnership can only be natural persons.

A list of liberal professions can be found in § 1 Abs. 2 PartGG

The special feature of the partnership company is the possibility of limitation of liability. In addition to the assets of the partnership, all partners are jointly and severally and personally liable for the liabilities of the partnership. However, if only individual partners were involved in the processing of an order, only they are liable for professional errors. By way of derogation, a "partnership with limited professional liability" may also be established, with which liability for incorrect exercise of the profession can be limited to the company's assets as a whole. The prerequisite for such a limitation of liability is the addition "with limited professional liability" or a generally understandable abbreviation of this designation in the company name and the conclusion of increased professional liability insurance.
The law may also allow a limitation of liability for claims arising from damages due to mispractice of the profession to a certain maximum amount for individual professions. The prerequisite is that at the same time an obligation to take out professional liability insurance of the partner or the partnership is established.

The partnership does not carry out a commercial business and is therefore not a commercial operation.

The partnership must be entered in the partnership register of the local court with the assistance of a notary.

The notification must contain the following information:

• Information from the partnership agreement
  • Name and registered office of the partnership
  • Surname, first names, place of residence with full address, the liberal profession practised in the partnership and indication of affiliation to this profession
  • the object of the partnership
• in addition to the seat of the partnership, also the location of the business premises (street, house number, postcode, city)
• Date of birth of each partner
• Object of the partnership, whereby the exact wording is required here, as opposed to the agreement in the partnership contract
• Declaration that provisions of the respective professional law, in particular those on cooperation between members of different liberal professions, do not preclude entry in the partnership register
• Explanation of whether and, if so, which professional chamber exists for the professions practised in the partnership, stating the address of the respective professional chamber
• Regulations on the representation of the partnership, even if the statutory power of representation of the partners applies in accordance with the provisions of the German Commercial Code (HGB)

Hint: Should there be changes within the partnership, such as the entry or exit of a partner, a change of name or the transfer of the partnership's registered office, these must be registered for entry in the partnership register.

After successful registration you will receive a registration notification

• Registration
• Certificate of state approval or, if a state examination is required, the certificate of competence for the profession
• where applicable, confirmation by the competent authority that the State authorisation of the partnership can take place

The amount of the fee for registration is determined by the Act on Costs of Voluntary Jurisdiction for Courts and Notaries (GNotKG) in conjunction with the Ordinance on Fees in Commercial, Partnership and Cooperative Register Matters. In addition, expenses are incurred for the public announcement of the registration.

All partners must jointly submit an application for registration in the partnership register. This application must be submitted electronically and in publicly certified form (signatures of the declarant notarized).

Tip: Your notary will also help you formulate the registration application and submit it to the competent district court for you.

The management of the commercial registers in Hesse is based on the local courts

Bad Hersfeld, Bad Homburg vor der Höhe, Darmstadt, Eschwege, Frankfurt am Main, Friedberg, Fritzlar, Fulda, Gießen, Hanau, Kassel, Korbach, Königstein im Taunus, Limburg an der Lahn, Marburg, Offenbach, Wetzlar, Wiesbaden

concentrated. Jurisdiction does not always lie with the district court in whose district the registered office of the partnership is located.