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.