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Übernahme der Geschäftsführung

English translation: (Adoption of) was transferred the (limited partnership's) management

07:37 Apr 5, 2019
German to English translations [PRO]
Bus/Financial - Business/Commerce (general)
German term or phrase: Übernahme der Geschäftsführung
Aus Handelsregisterauszug:

Name X [...] Übernahme der Geschäftsführung und der persönlichen Haftung als Komplementärin in der Kommanditgesellschaft Y in Firma Z.
Ellen26
Local time: 04:36
English translation:(Adoption of) was transferred the (limited partnership's) management
Explanation:
... und der persönlichen Haftung als Komplementärin in der Kommanditgesellschaft Y

... and personal liability as the general corporate partner in limited partnership Y

Thanks to Phil G for the clever, practical points.

BTW, partnerships have Articles of Partnership vs. of Association (UK & Oz) and of Incorporation (USA), plus

ordinary and general partnerships, as publicity-shy ('film-industry promotional') tax-dodging entities and as opposed to LLPs and Limited Partnerships, are not longer regd. in England & Wales. The Registry of Business Names in London where I - as a law clerk - used to do inhouse searches of such partnerships up to 40 years ago is no more.

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Note added at 4 hrs (2019-04-05 12:24:21 GMT)
--------------------------------------------------

NB Komplementärin as a general corporate partner in the feminine form is rarely a female individual, but often a *GmbH* or an AG whose own liability in its turn is limited by shares. German traders - traditionally since the 1929 Wall Street and World War II economic crash - are averse to unlimited, general liability.

--------------------------------------------------
Note added at 2 days 6 hrs (2019-04-07 14:24:50 GMT)
--------------------------------------------------

or even: 'acquired the management (of the partnership) and personal liability as (the) general corporate partner in Limited Partnership Y'.
Selected response from:

Adrian MM.
Austria
Grading comment
Thank you!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3Take-over of company management
Peter Ward
4Assumption of management of the Company; Taking over of Company management
TechLawDC
4[translation of whole sentence]
philgoddard
3 +1(Adoption of) was transferred the (limited partnership's) management
Adrian MM.
3Assumption of management powers
Michael Martin, MA


Discussion entries: 4





  

Answers


24 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
Take-over of company management


Explanation:
Not much else to say really!

Peter Ward
United Kingdom
Local time: 03:36
Specializes in field
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  Niti Ghatlia: Agree
26 mins
agree  writeaway: agree- as George would say, "what else?"
1 hr
neutral  philgoddard: It's a partnership. Also, I think this is too literal and it needs a verb rather than a noun, such as 'became'.
2 hrs
agree  Sarojini Seeneevassen
1 day 1 hr
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
Assumption of management of the Company; Taking over of Company management


Explanation:
Entire phrase: Name X [...] Übernahme der Geschäftsführung und der persönlichen Haftung als Komplementärin in der Kommanditgesellschaft Y in Firma Z. Name X ... assumption (by him/her/it) of management of the Company, along with assumption of personal liability [(not "the personal liability")], as a general partner in the limited partnership Y, in the firm Z.
(As usual, more context would be very much desired.)
Note: "Take-over" is a term of art in business and finance (look it up), and should not be used in this context. It is quite unidiomatic here, and causes the reader to hesitate unnecessarily.


TechLawDC
United States
Local time: 22:36
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 15
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13 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Assumption of management powers


Explanation:
..and personal liability as general partner

Michael Martin, MA
United States
Local time: 22:36
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 159
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13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
[translation of whole sentence]


Explanation:
Übernahme der Geschäftsführung und der persönlichen Haftung als Komplementärin in der Kommanditgesellschaft Y in Firma Z.

Became personally and fully liable managing partner of Y, trading under the name Y

A Kommanditgesellschaft is a limited partnership:
http://en.langenscheidt.com/german-english/kommanditgesellsc...

and a Komplementärin is a fully liable partner:
http://en.langenscheidt.com/german-english/komplementaerin

as opposed to a Kommanditist, who is liable only for their contribution to the partnership.

--------------------------------------------------
Note added at 13 hrs (2019-04-05 21:13:12 GMT)
--------------------------------------------------

X may be an individual or a company.

--------------------------------------------------
Note added at 13 hrs (2019-04-05 21:13:48 GMT)
--------------------------------------------------

And I meant "trading under the name Z", sorry.

philgoddard
United States
Specializes in field
Native speaker of: English
PRO pts in category: 138

Peer comments on this answer (and responses from the answerer)
neutral  Adrian MM.: You have - in your answer - neatly fitted in the 2nd part of 'und der persönlichen Haftung' but shorn away the critical point of the managing partner's corporate status as a Komplementärin.
1 day 16 hrs
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
(Adoption of) was transferred the (limited partnership's) management


Explanation:
... und der persönlichen Haftung als Komplementärin in der Kommanditgesellschaft Y

... and personal liability as the general corporate partner in limited partnership Y

Thanks to Phil G for the clever, practical points.

BTW, partnerships have Articles of Partnership vs. of Association (UK & Oz) and of Incorporation (USA), plus

ordinary and general partnerships, as publicity-shy ('film-industry promotional') tax-dodging entities and as opposed to LLPs and Limited Partnerships, are not longer regd. in England & Wales. The Registry of Business Names in London where I - as a law clerk - used to do inhouse searches of such partnerships up to 40 years ago is no more.

--------------------------------------------------
Note added at 4 hrs (2019-04-05 12:24:21 GMT)
--------------------------------------------------

NB Komplementärin as a general corporate partner in the feminine form is rarely a female individual, but often a *GmbH* or an AG whose own liability in its turn is limited by shares. German traders - traditionally since the 1929 Wall Street and World War II economic crash - are averse to unlimited, general liability.

--------------------------------------------------
Note added at 2 days 6 hrs (2019-04-07 14:24:50 GMT)
--------------------------------------------------

or even: 'acquired the management (of the partnership) and personal liability as (the) general corporate partner in Limited Partnership Y'.

Example sentence(s):
  • If you’re considering forming a limited partnership, you should refer to the legislation governing limited partnerships or seek specialist legal advice.
  • The transfer of management generally includes four steps...

    Reference: http://www.gov.uk/government/publications/limited-partnershi...
Adrian MM.
Austria
Native speaker of: Native in EnglishEnglish
PRO pts in category: 16
Grading comment
Thank you!

Peer comments on this answer (and responses from the answerer)
agree  Steffen Walter: As an aside, the feminine form used in German stems from the generic "(die) Gesellschaft". Also, for a KG, just "general partner" might suffice instead of "general corporate partner".
7 hrs
  -> Thanks and danke! I interpolate corporate when it is in fact a Gesellschaft and (female) when it isn't. Alas, even top UK lawyers & judges have 'forgotten' that limited companies can - as in DE/AT/CH/Li etc. - also be members of a UK partnership.
neutral  philgoddard: I agree with much of your explanation (and thanks for the compliment!), but "was transferred the management" sounds a bit odd to me.
9 hrs
  -> My idea is based on the Austro-DEU booklet 'Betriebsnachfolge perfekt geregelt' with the cover terms of Betriebsübergeber/the transferor vs -übernehmer/as the *transferee*
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