Registering a partnership company

The partnership company is a form of organisation for freelancers. It is a society in which members of the liberal professions join forces to pursue their professions. Members of a partnership can only be natural persons.

A list of liberal professions can be found in Section 1 (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 generally jointly and severally liable for the liabilities of the partnership. However, if only individual partners were involved in the processing of an order, only they were liable for professional errors. By way of derogation, a "partnership company with limited professional liability" may also be set up, with which liability for incorrect professional practice can be limited to the company's assets as a whole. A condition of such a limitation of liability is the addition of "with limited professional liability" or a general abbreviation of this designation in the company name and the conclusion of an increased professional liability insurance.
The law may also allow a limitation of liability for claims for damages resulting from incorrect professional practice to a certain maximum amount for individual professions. The prerequisite is that at the same time an obligation to take out professional inlegal insurance of the partners or the partnership is established.

The partnership company does not operate a commercial business and is therefore not a commercial enterprise.

The partnership company must be entered in the partnership register of the district court with the participation of a notary.

The application must contain the following information:

  • Information from the Partnership Agreement
    • Name and seat of the partnership
    • Names, first names, place of residence with full address, the profession exercised in the partnership and the indication of membership of that profession
    • the subject of the partnership
  • in addition to the location of the partnership, the location of the business premises (street, house number, postcode, location)
  • Date of birth of each partner
  • the subject of the partnership, where the precise wording is required, as opposed to the agreement in the Partnership Agreement
  • Declaration that provisions of the relevant professional law, in particular those on the cooperation of members of different liberal professions, do not preclude registration in the register of partnerships
  • Explanation of whether and if so which professional chamber exists for the professions practised in the partnership, indicating the address of the respective professional chamber
  • Regulations on the representation of the partnership, even if the legal power of representation of the partners applies in accordance with the provisions of the German Commercial Code (HGB)

Note: Should changes occur within the partnership, such as the entry or exit of a partner, the change of name or the transfer of the partnership, they must be registered for registration in the Partnership Register.

After successful registration, you will receive a registration notification

Related Links

  • Angehöriger Freier Berufe
  • Registration
  • Certificate of State authorisation or, where a State examination is required, the certificate of competence to the profession
  • Confirmation, where appropriate, of the competent authority that the partnership may be authorised by the State

Related Links

  • Handelsgesetzbuch (HGB)
  • Verordnung über die Einrichtung und Führung des Handelsregister (HRV)
  • Verordnung über Gebühren in Handels-, Partnerschafts- und Genossenschaftsregistersachen (HRegGebV)
  • Gesetz über Kosten der freiwilligen Gerichtsbarkeit für Gerichte und Notare (GNotKG)
  • Gesetz über Partnerschaftsgesellschaften Angehöriger Freier Berufe (PartGG)
  • Verordnung über die Einrichtung und Führung des Partnerschaftsregisters (PRV)

All partners must jointly submit an application for entry in the Partnership Register. This application must be submitted electronically and in a publicly certified form (signatures of the explainers notarized).

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

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Hessian Ministry of Justice

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