What is a limited partnership?
The limited partnership (CV) is a separate legal form that has a limited partner and a general partner. The limited partner, also called a silent partner, only contributes money to the limited partnership, while the general partner also undertakes in the limited partnership.
Partner liability
As a general partner of the limited partnership, you are personally and jointly and severally liable for the debts of the limited partnership. If you are a limited/ silent partner, you are only liable for the amount you contributed to the limited partnership. You receive no interest on the money you put in.
In a limited partnership (with more than one general partner), there is separate corporate equity, primarily intended for the business creditors. Private creditors cannot lay claim to it. Business creditors, on the other hand, can claim the private assets of the partners, if the company assets are insufficient.
Power of limited partner and general partner
A limited partner must meet a number of conditions to not be considered a general partner:
- The limited partner may not outwardly behave as a general partner, i.e., may not perform acts of management or acts of disposition. This is because then he would become liable as if he were a general partner of the limited partnership.
- The limited partner's own name should not appear in the name of the partnership. After all, this creates the appearance that the limited partner is a general partner, and therefore liable partner. Incidentally, this rule may be waived under circumstances.
Why choose Marks Wachters notaries?
- Personal
We combine high-quality service with personal attention. - For over 75 years
A household name in Greater Eindhoven and Nuenen since 1949. - Clear
We communicate in understandable language and avoid unnecessarily difficult language.
We are also happy to help you with:
Personal and non-committal
Requesting Information
Have a question, want advice or a free quote? Request a no-obligation consultation.
