Please note: The TMG (Telemedia Act) has been replaced by the DDG (Digital Services Act). However, the content of this article remains relevant. You can find an overview here. Please note: The TMG has been replaced by the DDG, but the decision likely remains relevant. An overview can be found here.
The GmbH & Co. KG is not regulated by law and is an unusual type of partnership, as it is a hybrid of a corporation (GmbH) and a partnership (KG). This means that the legal notice (imprint) on the website of a GmbH & Co. KG must meet specific requirements.
The GmbH & Co. KG consists of two types of partners: the general partner (Komplementär) and the limited partners (Kommanditisten).
The general partner is the managing entity of the GmbH & Co. KG and conducts business, while the limited partners usually provide capital through their contributions. Since the general partner would typically be personally liable with their private assets if it were an individual, the role of the general partner in a GmbH & Co. KG is filled by a GmbH (limited liability company).
In everyday business transactions, this allows the liability of the managing entity to be limited. As a result, the legal form of the GmbH & Co. KG is ideal for those seeking to combine the advantages of a limited partnership with the benefits of limited liability of a GmbH.
Impact of the GmbH & Co. KG on the Legal Notice (Imprint)
As mentioned earlier, the special characteristics of the GmbH & Co. KG also directly affect the content and structure of the website’s legal notice.
Regardless of whether the service provider is a natural or legal person like a GmbH & Co. KG, website operators must provide certain information easily recognizable, directly accessible, and permanently available in accordance with § 5 DDG for telemedia services typically offered for a fee.
Follow this link to generate a customized and free legal notice for your GmbH & Co. KG:
https://www.mth-partner.de/impressumgenerator/impressum-generator.php
Since the general partner is a GmbH, the name of the GmbH, along with all managing directors of the GmbH, must be specified.
Other mandatory elements are the email address and the details of the registration court and the registration number.
As the general partner is the GmbH, its name and all managing directors of the GmbH must be stated.
You must also provide the district court and registration number of the GmbH. Additional required information includes the company’s tax identification number, VAT identification number, and any applicable professional regulations along with how they can be accessed.
At the bottom of this page, you can find several templates for legal notices for various company forms:
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Note: The content of this article has been prepared to the best of our knowledge and understanding. However, the complexity and constant evolution of the subject matter make it necessary to exclude liability and warranty. This cannot replace legal advice. The use of the templates provided here is at your own risk.
If you need legal advice, feel free to call us at 0221 – 80187670 or email us at info@mth-partner.de.