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A-Z of company law PDF Print E-mail

In order to help to guide you through the jungle of legal German we have assembled a few definitions of legal terms. This e-mail address is being protected from spambots. You need JavaScript enabled to view it


A | B | S | U

A

 

Altverbindlichkeit

„Altverbindlichkeit“, or literally old commitment, is the debt of a GbR (Civil Law Partnership under the BGB) assumed even though he did not sign anything to that accord. That also applies for utility supply contracts such as water, gas and electricity.

Anwachsung

When a person is cut out from a Gesamthandsgemeinschaft (community of joint ownership) his share remains in the Gesamthandsgemeinschaft. Instead, unless otherwise specified in the articles of association, he is entitled to recover a portion of the Gesamthandsgemeinschaft’s assets and to denounce his responsibility for the Gesamthandsgemeinschaft’s liabilities. Furthermore he may claim what he should have got upon liquidation of the company

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B

 

Beherrschungsvertrag

The „Beherrschungsvertrag“, or literally „control contract“ is an affiliation agreement by which a stock company or company limited by shares may subordinate itself to another company pursuant to § 291 (1) AktG

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S

 

Sonderbetriebsvermögen

Special business assets are assets that a business partner of the partnership has abandoned. They belong, according to Civil law, to the partner(s) and do not form part of the business assets of the partnership. Income tax wise, the special business assets will be handled as company assets and not as personal assets.

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U

 

Unternehmer

An „Unternehmer“, or “businessman” is a natural or legal entity or legally responsible unincorporated firm, with the power to conclude legal transactions in the practise of his commercial trade or independent vocational activity.

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Tags: assets; GbR  
 

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