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segler1968
1 year ago

In a partnership like a general partnership, all partners are jointly and severally liable. That is, everyone is liable for everything.

Of course, you first cover a loss from reserves, etc. But if you become insolvent, everyone is liable for everything.

LizenzfireArtZ
1 year ago

The shareholders in equal shares.

segler1968
1 year ago
Reply to  LizenzfireArtZ

No, everyone is jointly and severally liable. The creditors can choose who they seize and how.

LizenzfireArtZ
1 year ago
Reply to  segler1968

Correct. Unless otherwise specified, the distribution is based on headcount.

If an oHG owes you debts, then in theory you can choose one from whom you can get everything 🙂

LizenzfireArtZ
1 year ago

That's correct.

segler1968
1 year ago

Yes, but you have to distinguish between internal and external relationships. The internal relationship is governed by the partnership agreement. And yes, equal liability is usually agreed upon there. But that's not important to the outside world. You can't just claim that the other partner, even though he's insolvent, is liable for his share.