What risks exist with a GmbH & Co. KG?
July 5, 2024 | 40,00 EUR | answered by Helma Beck
Dear attorney specializing in corporate law,
My name is Fanni Schneider and I am currently in the process of establishing a GmbH & Co. KG. I have already gathered some information about this legal form, but I am unsure about the associated risks. I have heard that a GmbH & Co. KG is an attractive option for running my business, as it offers tax benefits and limits liability. However, I also have concerns that there may be certain risks that I should not overlook.
My business operates in the field of gastronomy and I want to ensure that I consider all legal aspects correctly. I am worried about the potential risks that may arise with a GmbH & Co. KG, especially in terms of liability issues, tax law, and management. I want to make sure that I take all necessary measures to successfully run my business and be legally protected.
Could you please explain to me in detail what risks may exist with a GmbH & Co. KG and how I can best minimize them? Are there specific legal aspects that I should pay special attention to? What measures do you recommend to protect my business from potential legal problems?
I thank you in advance for your support and look forward to your expert advice.
Sincerely,
Fanni Schneider
Dear Mrs. Schneider,
Thank you for your inquiry regarding the establishment of a GmbH & Co. KG in the field of gastronomy. It is good that you have already informed yourself about the advantages of this legal form, but it is also important to understand the associated risks and take appropriate measures to legally protect your company.
A GmbH & Co. KG is a popular legal form because it offers tax benefits and limits the liability of the shareholders. However, there are indeed risks that you should be aware of. An essential aspect is the personal liability of the shareholders. In a GmbH & Co. KG, the personally liable partners (general partners) are jointly and severally liable for the liabilities of the KG. This means that your personal assets could be at risk if there are financial problems. To minimize this risk, you could choose a GmbH as the personally liable company, as the liability there is limited to the share capital.
Another risk concerns management. As managing director, you have a variety of duties and responsibilities that you must carefully adhere to. Violations of legal regulations or contracts can lead to legal problems. To minimize this risk, I recommend that you inform yourself well about the legal requirements for management and, if necessary, seek external advice.
In the field of tax law, you should ensure that you fulfill all tax obligations correctly to avoid tax evasion or avoidance. I recommend that you consult a tax advisor who can support you in fulfilling your tax obligations.
In summary, it is important that you thoroughly familiarize yourself with the legal aspects of a GmbH & Co. KG and, if necessary, seek professional advice to protect your company from potential legal problems. If you comply with all legal requirements and take appropriate measures, chances are good that you can successfully lead your company.
I hope this information is helpful to you and I am available for further consultation.
Best regards,
Helma Beck
Attorney specializing in corporate law
