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Part 1 · General partnership  ›  Title 1 · Formation of a partnership › Section 105

Section 105

(1) A partnership formed for the purpose of carrying on a commercial business under a joint business name is a general partnership if no partner's liability is limited vis-à-vis the partnership's creditors.

(2) A partnership, whose commercial enterprise is not deemed to be a commercial business pursuant to section 1 (2), or which manages only its own assets, is a general partnership if the business name of the enterprise is registered in the Commercial Register. Section 2 sentences 2 and 3 apply accordingly.

(3) Unless this Part provides otherwise, the provisions of the Civil Code concerning a partnership apply to the general partnership.

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