Corporate law: Contingent liability of the former partner with forbidden disbursement to the acting partner

Martin J. Warm, attorney // specialist lawyer for tax law // specialist lawyer for industrial law/lawyer for the middle class in Paderborn (openPR) - the payment of employee portions of health insurance companies on subsequent day of the position of the insolvency request represents then a forbidden disbursement to the acting partner, if this at that time already saw itself suspended to due claims for damages of the health insurance companies. If the acting partner is in the meantime insolvent, then an original partner is responsible for the loss (LG Dresden, 44-O-78/04, judgement of 20.05.2005). As the acting partner exhausted by day the condition of the insolvency request and/or on the subsequent day the social insurance contributions from the corporate assets, in speech, he followed not only an obligation of the debtor company, but at the same time - regarded from its point of view - at expense of the debtor company a pecuniary benefit in shape of the release from the deliktischen commitment in accordance with § 823 exp. 2 BGB in connection with § 266 A StGB at a value of 5.177, 96 euro attained. Because starting from entrance of the inability to pay/insolvency the acting partner has might pay… the debtor company in the interior relationship to the payment cause, but the contributions from its private possession to no more would have had. This results from a reversal conclusion out § 64 exp. 2 GmbHG (see LG Hagen, ZIP 1997, 324). With the payments after entrance/insolvency of the debtor company, in speech, the acting partner wanted to escape the inability to pay… recognizably a personal demand. In it a forbidden disbursement from fortunes necessary for the preservation of the capital stock is appropriate for 31 exp. l GmbHG in accordance with §§ 30 exp. l. After view of right it does not oppose the chamber an adhesion of the deplored ones in the result that the contingent liability leads after § 31 exp. 3 GmbHG - in this special constellation - in the result to the fact that in the long run over § GmbHG a partner has to stand for 31 exp. 3 for obligation injuries of the managing director after §§ 64 exp. 2, 43 exp. 2 GmbHG. Reason for this beginning obligation is not the behavior, which led to the commitment of the partner… opposite third, but the circumstance that it received something as a partner under injury of the principal attitude principles from the debtor company. (Source: Lexinform)

Communicated of: Attorney TEAM.de warm & Kanzlsperger in Paderborn, attorney Martin J. Warm, Fachanwalt for industrial law, specialist lawyer for tax law, lawyer for middle class and economics www.rechtsanwalt-in-paderborn.de; www.rechtsanwalts-TEAM.de

Attorney TEAM.de
Warmly & Kanzlsperger
in office community

Attorney
Martin J. Warm

Specialist lawyer for tax law
Specialist lawyer for industrial law

Their attorney partner with emphasis
Corporate law. Enterprise right.
Industrial law. Treaty right. Commercial law

Vattmannstrasse 5
33100 Paderborn
Telephone: 0 52 51/52 48 - 0
Fax: 0 52 51/52 48 - 48
mailto:warm@rechtsanwalts-TEAM.de
Internet: www.rechtsanwalts-TEAM.de

Attorney TEAM.de warm & Kanzlsperger in Paderborn - lawyers for the middle class in private law and commercial law - a modern law office with emphasis industrial law for employee, industrial law for employer, bank right, labor management relations right, vomit, non-profit character right, managing director, corporate law, GmbH right, commercial law, collection right, EDP right, insolvency law, IT-right, capital investor protection, limited partnership, protection against dismissal law, right for operational age precaution (bAV), reorganization right, tax law, steering wheel meeting right, law on societies/donation right, treaty right, enterprise right, commercial law.

As an attorney locally we are active as competent partners in office community and interdisciplinary co-operation with chartered accoutants, tax counsels and swore in accountants in all questions of the restaurant civil law.

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