Claims of general partners and limited partners

Partners in a collective partnership, general partners, and limited partners are entitled to compensation for the goods, money and/or labor they provide.

Claims of Partners in Collective Partnerships, General Partners, and Limited Partners

In a collective partnership, the profit and loss must be determined annually and each partner's share calculated. Unless otherwise agreed by contract, each partner in a collective partnership is entitled to an interest of 4%. The claim of 4% interest also exists if the partnership has incurred a loss. Since the regulation of the interest is only dispositive, any contractual agreement that differs naturally takes precedence.

In addition to the interest of 4%, a partner in a collective partnership is also entitled to a salary. This is measured, unless agreed otherwise, by the amount that would have to be paid to a foreign third party of equal qualification.

Profit, unless otherwise agreed, is distributed per capita and credited to the respective private accounts. The same applies in case of losses. In a limited partnership, a distinction must be made between the general partners and the limited partners. The general partners are comparable to the partners in a collective partnership, while the limited partners have solely a capital participation. If there is a lack of agreement on the limited partner’s share in the profit and losses, the judge must decide at his own discretion according to the law. A claim only exists as long as the payout does not reduce the committed capital amount.