Criticisms on the Legislative proposal of modernising partnerships
In the Legislative proposal the choice for registration in the commercial register of the Chamber of Commerce is left to the partnership. In case the partnership is not registered it can not obtain any registered property nor can occur as heir. The opinion of the GCV is that every company is required to register in the commercial register. Registration in the commercial register proves the exintence of the company and the method of representation of the company. In addition, a certificate of registration in the trade register is often needed in practice, for example when opening a bank account. Thereby it is, according to the GCV, not often to be expected that a company isn’t registered. Mandatory registration is therefore a logical step.