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