Taking Action Before the Foundation of Your Partnership

Before a partnership is formally established, founders can generally already operate in the name of the partnership. Understanding the nuances of this phase is crucial to avoid potential pitfalls.

Operating During the Foundation Phase

In company mailings and other communications, it is common practice to add the suffix i.G. (in Gründung), meaning “in the process of foundation.” This indicates that the partnership is being formed but has not yet been formally established. However, this does not mean that the partnership itself is the liable party. Instead, the individual partners are personally liable with their own assets, except for the suspension of provisional deals.

Provisional Deals and Liability

Provisional deals refer to agreements where the fulfillment of a contract is contingent on the successful foundation of the partnership. Should duties and obligations be made explicitly in the name of the company to be founded, the company can retroactively assume liability from the founders for up to three months before the foundation. This retroactive assumption of liability does not require the consent of the creditor(s).

It is generally not recommended to act solely in one’s own name or the name of the informal partnership during this phase. Doing so can expose individual founders to significant personal liability.

Steps to Consider Before Formal Foundation

1. Use i.G. Suffix: Indicate that the partnership is in the process of being formed in all communications.
2. Provisional Agreements: Clearly state that agreements are contingent on the successful foundation of the partnership.
3. Document Everything: Keep detailed records of all actions and agreements made in the name of the partnership.
4. Seek Professional Guidance: Consult with experts to ensure all legal requirements are met and liabilities are managed.

Professional Guidance from STARTUPS.CH

Starting your business or changing the type of business entity that your company already has can be straightforward with the right support. STARTUPS.CH offers professional consulting throughout the entire process and thereafter. They provide:

• Consultation Services: Personalized guidance to help you navigate the complexities of forming a partnership.
• Informational Material: Free resources to help you understand every step of the process.
• STARTUPS TV: Watch interesting reports on successful business starts, with plenty of information, tips, and tricks to help you succeed.

Register for a consultation or request free informational material through STARTUPS.CH to ensure a smooth and compliant foundation process.

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