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The silent partnership as a financing tool in Germany
The silent partnership in the German Commercial Code: contribution, results, exit and insolvency

Module 121 min2498 wordsFree — no account

The silent partnership in the German Commercial Code: contribution, results, exit and insolvency

The lesson48
Worked case2
Quiz1
Sources and links1

In this module

Module 1 of 2

Test yourself

A way to check what has landed — no marks, no account · 1 section · 344 words · 6 min

Test yourself

Question 1 of 6

Question 1 of 6

Who owns the silent partner's contribution once it has been made?

a jointly owned partnership propertythe owner of the commercial businessstill the silent partner

Question 2 of 6

Question 2 of 6

Which clause does the HGB not allow?

excluding the share in lossesexcluding the share in profita fixed profit share of 30 percent

Question 3 of 6

Question 3 of 6

A silent partner's contribution has been reduced by a loss. What happens to the profit share the following year?

it is paid out in fullit first covers the lossit must be set off against and repaid with earlier profits

Question 4 of 6

Question 4 of 6

The agreement excludes any right of the silent partner to inspect the records. What applies?

the clause is validthe clause is void and the statutory right remainsthe clause applies only where the owner is a GmbH

Question 5 of 6

Question 5 of 6

A silent partnership was entered into for an indefinite period. How can the silent partner terminate without good cause?

at any time without noticewith six months' notice to the end of the financial yearwith three months' notice to the end of a quarter

Question 6 of 6

Question 6 of 6

For what amount can the silent partner file a claim in the owner's insolvency?

not at allfor the contribution, to the extent it exceeds the loss sharefor the full contribution, ranking ahead of other creditors

Back to the programme Module 2 — nextTypical or atypical silent partner: the tax consequences for partner and owner

Educational content, current with the sources cited. It does not replace advice tailored to your situation. These courses are neither certifying nor CPF-eligible: they prepare for no certification registered with the French RNCP or specific register.

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