Names of general partnerships
Composition of the business name
Where the business name of a general partnership does not contain the names of all the partners, it must include the family name of at least one of the partners, together with an addition that alludes to its status as a partnership. Where further partners join later, the general partnership may retain its business name without change. The names of persons other than the partners with unlimited liability must not feature in the business name of a general partnership.
Changing the business name
Where a person whose family name features in the business name of a general partnership leaves the partnership, with the consent of such person or his heirs his name may be removed from the partnership’s business name. Exceptions may be authorised where the partnership status is expressed through kinship, provided at least two partners with unlimited liability are still related by blood or marriage and one of them bears the family name that features in the business name.
Exclusivity of the registered business name
The name of a general partnership entered in the commercial register may not be used by another business proprietor in the same location even if he has the same first name and family name from which the older business name is formed. In such a case, the owner of the newer business must add a suffix or ending to his own name to produce a business name which is clearly distinct from the older business name. Claims in respect of unfair competition against general partnership registered in other locations are reserved.
Examples
– Miller & Co.
– Paul Miller & Co.
– Printing Shop Miller & Co.
– Printing Shop Paul Miller & Co.
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