The LTD & CO KG
Full limitation of liability with LTD & CO KG
The Limited & CO KG is a so called 'Kommanditgesellschaft' (KG), whereby the general partner a Limited by Shares (Ltd.) constitutes. The Ltd. is mostly based on English legislation and consists of a mixture between GmbH & CO KG.
A Limited can only be added to the Austrian or German commercial register, if its location and business premises is in one of these countries and the company was established within the European Union. This way, the Limited is subject to the same fiscal policy than the GmbH.
Since August 2005 there has been no more doubt in relation to the
registrabillity of a Limited & Co. KG. Any person can be a partner with
unlimited liability ('Komplemenär') and at the same time be a member of OHG,
which under current law is any legal person or entity.
On 5th of November 2002, The European Court (EUGH) has decided that UK Limited companies have full legal capacity in the EU regardless of their activity or inactivity in their country of origin.