OHG or KG is not an entity entirely separate from its partners
Although an OHG or KG is not an entity entirely separate from
its partners, the partnership may carry on business, acquire,
hold and dispose of property, and sue and be sued in its own
name. All partnership property is owned by the partners in joint
The reasons why a partnership might be preferred over a corpo-
ration include, firstly, the great fexibility in tailoring the partner-
ship’s internal affairs to the individual needs of the partners and,
secondly, less extensive publication requirements (unlike the
articles of a GmbH or AG, the partnership agreement need not
be fled with the commercial register).
Other factors are the greater ease of dissolution and distribution
of the capital to the partners and direct management and repre-
sentation by the general partner.