The Italian word accomandita came to french as commandite, which later resulted, in our tongue, on comandita. The concept is used in the field of commerce to name a society that is established in a group way, in which the partners have different responsibilities.
In a limited partnership, also called limited company, there are two kinds of partners. Are they limited partners, who have a responsibility linked to the economic contribution they made to society. The other type of partner are general partners, whose liability is unlimited in terms of corporate debts.
While limited partners are not involved with the management of the society, the general partners do. Another difference is that the names of the limited partners cannot be included in the name of the partnership.
When starting a limited partnership, it is necessary to carry out what is known as the deed of incorporation. A document in which important data such as the company name, the duration of the partnership, the name and surname of the partners as well as their address, the capital that each partner contributes, the total number of partners …
The experts in finance They emphasize that, among the advantages offered by limited partnerships, is the possibility that general partners have to add capitalists without investors getting involved in the management of the company. For limited partners, a benefit is the chance to participate with limited liability.
It is important to bear in mind that the characteristics of a limited partnership may vary according to the legal regime decade country. At a general level, it can be said that there are two large types of limited partnerships: limited partnerships by shares (who must perform an audit of their accounts when they exceed a certain limit) and the simple limited partnerships (They do not need to audit their accounts unless all of their general partners are partnerships).
It is important to establish that, like many advantages, there are also disadvantages with respect to a simple limited partnership. In this case, among the most significant are some such as the following:
-This company can only carry out what are industrial or commercial activities.
-It has a series of limitations with regard to deductions from expenses.
-Not less relevant is that this type of partnership comes to an end when the death or retirement of one of the partners occurs.
-In the same way, it is indicated that another disadvantage of a simple limited partnership is that limited partners cannot intervene at any time in its management or in the decisions that need to be taken. They are only informed of everything that happens with respect to the aforementioned company.
-It has also been established that the personal assets of the managing partners are absolutely unprotected and that, if necessary, they can be seized to face certain legal demands.