[ncc-services-wg] Issue with membership/registering resources with a german GmbH & Co. KG

Hi Linda,

and next to what Michale has written below, I know at least one GmbH &
Co. KG where the City of Berlin is absolutely comfortable to have
entered into a contractual relationship with this company.

And civil servants are not really known IMHO to act as hazardous rookies...

AFAICS the NCC overstretches it a bit here...

Best,

-C.

On 07.08.2019 15:09, Michael Boehme wrote:
> Hi Linda,
> 
> I understand from the presentation at RIPE 78 that you want to make sure
> resources get allocated to „real/existing“ holders, you want to limit
> fraud and make sure you limit your „risk“.
> 
> From the website you mentioned:
> https://www.frankfurt-main.ihk.de/english/business/legal_forms/kg/index.html
> 
> I don´t see why a „GmbH & Co. KG“ would not be able to fulfill your
> requirements:
> 
> /The KG does not possess its own legal personality distinct from the
> partners themselves./
> 
> /Nevertheless, it is similar to a legal entity in that it can sue and be
> sued before a court of law. It can acquire rights and enter into
> liabilities, acquire possession and other in rem rights to real estates.
> Each personally liable partner has the authorisation to manage and to
> represent alone. The limited partners have no representation power to
> the outside./
> 
> The „GmbH“ part is not trading, it is not earning money it is not having
> assets and it will be a bad choice if you want to sue it or recover
> anything.
> (Except the 25.000 EUR share capital that is most likely absorbed by the
> KG debts should the KG ever file bancrupcy before you have a chance to
> claim your debt).
> You won´t even have the chance to claim any of your debts against the
> insolvency chart as the assets are in the KG and not the GmbH.
> 
> 
> Thanks
> Michael