Tuesday, February 25, 2014

Non-commercial partnership: Proof of representation by means of a company stamp – Company law


http://ift.tt/OZRRnK The authority of a partner of a non-commercial partnership (Gesellschaft bürgerlichen Rechts (GbR)) to carry out legal transactions can be demonstrated by means of a company stamp. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London http://ift.tt/TvSfg8 conclude: In its judgment (Az.: XII ZR 35/11), the German Federal Court of Justice (BGH) stuck to its previous opinion on the disclosure of agency relationships at the time of the conclusion of long-term contracts. Thus, for the documentation of the authority to sign, even when concluding long-term rental agreements, adding a company stamp is sufficient. The signature of every GbR partner is not necessary for adhering to the requirements for written form. If the signatory adds an appendage to his signature which indicates that he alone is authorised to represent the partnership, then this would suffice. In the case



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