List of shareholders of a GmbH must also contain the names of the members of a partnership under the German Civil Code if the partnership is a shareholder of such GmbH


For the first time, a German higher regional court (OLG Hamm) has ruled on the question whether, besides the name of a share holding private partnership under the German Civil Code, the list of shareholders of a German GmbH must also contain the names of the partners of this private partnership. This questions arises because the private partnership itself is not subject to the requirement of registration with the trade register as are the trade partnerships and corporations. The court affirms that for the sake of transparency it is necessary to additionally list the names of the partners. The ruling is not final because of an appeal pending.

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Dr. Dirk Struckmeier

Company Law And Commercial Law, Distribution Law, International Legal Relations, Law Of General Terms And Conditions Of Business, Mergers And Acquisitions (M & A) / Corporate Restructuring, Product Liability And Product Safety, Professional Law / Professional Liability Of Tax Accountants, Auditors And Attorneys – At Law And Insolvency Administrators, Transformation Law
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