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Strom- und Gasentnahmestellen
Zwangsmittelbeschluss
Apr 5, 2019 07:37
5 yrs ago
7 viewers *
German term

Übernahme der Geschäftsführung

German to English Bus/Financial Business/Commerce (general)
Aus Handelsregisterauszug:

Name X [...] Übernahme der Geschäftsführung und der persönlichen Haftung als Komplementärin in der Kommanditgesellschaft Y in Firma Z.
Proposed translations (English)
3 +1 (Adoption of) was transferred the (limited partnership's) management
4 +3 Take-over of company management
4 Assumption of management of the Company; Taking over of Company management
4 [translation of whole sentence]
3 Assumption of management powers

Discussion

Björn Vrooman Apr 23, 2019:
That no one thinks... ...I'll just let this go unchallenged, just a quick note: I'm not going to stoop down to that level. In that context, the UK pages were all you needed to see.

There is a word for people whose answers mainly consist of things that are not at all relevant to the question and when challenged are trying to throw thousand of pages at you so as to avoid getting into specifics. I'm sure I'll be using it soon.

Since the asker didn't respond in the d-box and didn't care that the suggested answer turned company staff into slaveholders (watch your definite articles), it's all good.

Have a nice week
Adrian MM. Apr 7, 2019:
@ Björn V. Your gov uk refs don't explain whether the Komplementärin as a possible general corporate partner and Kommanditisten as individual limited partners dovetail with the members of a limited partnership under the UK Limited Partnerships Act 1907 as well as of an LLP under the UK Limited Liability Partnership Act 2008. In either case, the moot point of liability of *past* outgoing and *present* incoming partners for existing partnership debts does not square with that of a Kommanditgesellschaft in German-speaking countries.
Björn Vrooman Apr 6, 2019:
PS In addition to the links I posted, Ellen, please take a look at "Partners' responsibilities" at https://www.gov.uk/guidance/set-up-and-run-a-limited-partner...

That should be enough to explain why I believe the answers are either wrong, too long or highly convoluted.

Thanks.

Best wishes
Björn Vrooman Apr 5, 2019:
Oh well,... Ellen, if I were you, I'd rather be looking for some real-life examples.

In the UK, you submit that information to Companies House: https://www.gov.uk/government/collections/companies-house-fo...

Just take a look at the filing history of one or two companies:
https://beta.companieshouse.gov.uk/company/SL005294/filing-h...
https://beta.companieshouse.gov.uk/company/LP014841/filing-h...

It's appointed and ceased/resigned. Here's the change in liability:
https://beta.companieshouse.gov.uk/company/NL000087/filing-h...

It's a Handelsregisterauszug for *** sake, not a treaty.

Best

PS
See also
https://www.thegazette.co.uk/notice/3182314
https://www.thegazette.co.uk/notice/3171928
https://www.thegazette.co.uk/notice/3179246

Proposed translations

+1
4 hrs
Selected

(Adoption of) was transferred the (limited partnership's) management

... und der persönlichen Haftung als Komplementärin in der Kommanditgesellschaft Y

... and personal liability as the general corporate partner in limited partnership Y

Thanks to Phil G for the clever, practical points.

BTW, partnerships have Articles of Partnership vs. of Association (UK & Oz) and of Incorporation (USA), plus

ordinary and general partnerships, as publicity-shy ('film-industry promotional') tax-dodging entities and as opposed to LLPs and Limited Partnerships, are not longer regd. in England & Wales. The Registry of Business Names in London where I - as a law clerk - used to do inhouse searches of such partnerships up to 40 years ago is no more.

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Note added at 4 hrs (2019-04-05 12:24:21 GMT)
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NB Komplementärin as a general corporate partner in the feminine form is rarely a female individual, but often a *GmbH* or an AG whose own liability in its turn is limited by shares. German traders - traditionally since the 1929 Wall Street and World War II economic crash - are averse to unlimited, general liability.

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Note added at 2 days 6 hrs (2019-04-07 14:24:50 GMT)
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or even: 'acquired the management (of the partnership) and personal liability as (the) general corporate partner in Limited Partnership Y'.
Example sentence:

If you’re considering forming a limited partnership, you should refer to the legislation governing limited partnerships or seek specialist legal advice.

The transfer of management generally includes four steps...

Reference:

http://www.gov.uk/government/publications/limited-partnership-act/register-a-limited-partnership

Peer comment(s):
agree Steffen Walter : As an aside, the feminine form used in German stems from the generic "(die) Gesellschaft". Also, for a KG, just "general partner" might suffice instead of "general corporate partner".
7 hrs
Thanks and danke! I interpolate corporate when it is in fact a Gesellschaft and (female) when it isn't. Alas, even top UK lawyers & judges have 'forgotten' that limited companies can - as in DE/AT/CH/Li etc. - also be members of a UK partnership.
neutral philgoddard : I agree with much of your explanation (and thanks for the compliment!), but "was transferred the management" sounds a bit odd to me.
9 hrs
My idea is based on the Austro-DEU booklet 'Betriebsnachfolge perfekt geregelt' with the cover terms of Betriebsübergeber/the transferor vs -übernehmer/as the *transferee*
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you!"
+3
24 mins

Take-over of company management

Not much else to say really!
Peer comment(s):
agree Niti Ghatlia : Agree
26 mins
agree writeaway : agree- as George would say, "what else?"
1 hr
neutral philgoddard : It's a partnership. Also, I think this is too literal and it needs a verb rather than a noun, such as 'became'.
2 hrs
agree Sarojini Seeneevassen
1 day 1 hr
Something went wrong...
1 hr

Assumption of management of the Company; Taking over of Company management

Entire phrase: Name X [...] Übernahme der Geschäftsführung und der persönlichen Haftung als Komplementärin in der Kommanditgesellschaft Y in Firma Z. Name X ... assumption (by him/her/it) of management of the Company, along with assumption of personal liability [(not "the personal liability")], as a general partner in the limited partnership Y, in the firm Z.
(As usual, more context would be very much desired.)
Note: "Take-over" is a term of art in business and finance (look it up), and should not be used in this context. It is quite unidiomatic here, and causes the reader to hesitate unnecessarily.
Something went wrong...
13 hrs

Assumption of management powers

..and personal liability as general partner
Something went wrong...
13 hrs

[translation of whole sentence]

Übernahme der Geschäftsführung und der persönlichen Haftung als Komplementärin in der Kommanditgesellschaft Y in Firma Z.

Became personally and fully liable managing partner of Y, trading under the name Y

A Kommanditgesellschaft is a limited partnership:
http://en.langenscheidt.com/german-english/kommanditgesellsc...

and a Komplementärin is a fully liable partner:
http://en.langenscheidt.com/german-english/komplementaerin

as opposed to a Kommanditist, who is liable only for their contribution to the partnership.

--------------------------------------------------
Note added at 13 hrs (2019-04-05 21:13:12 GMT)
--------------------------------------------------

X may be an individual or a company.

--------------------------------------------------
Note added at 13 hrs (2019-04-05 21:13:48 GMT)
--------------------------------------------------

And I meant "trading under the name Z", sorry.
Peer comment(s):
neutral Adrian MM. : You have - in your answer - neatly fitted in the 2nd part of 'und der persönlichen Haftung' but shorn away the critical point of the managing partner's corporate status as a Komplementärin.
1 day 16 hrs
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