A KOMMANDIT PARTNERSHIP AS AN INSTITUTE OF INVESTMENT ACTIVITY: THE LEGISLATION AND IMPLEMENTATION PRACTICE OF FEDERAL REPUBLIC OF GERMANY
Keywords:
a kommandit partnership, Kommanditgesellschaft – KG, German commercial code, a kommandit partnership with a full partner in the form of a Corporation or limited liability company (GmbH & Co. KG), investment Fund, taxation, a full partner, a limited partner.Abstract
This article carefully analyzes the legal status and advantages of the kommandit partnership under the legislation of the Federal Republic of Germany. Moreover, the article presents the experience of using kommandit partnerships in the field of investment activities and a comparative legal analysis with the legal status of investment funds of the Republic of Uzbekistan. The purpose of this study is to study the foreign experience of applying this organizational and legal form in investment activities and to identify its advantages, enshrined in the legislation and practice of Germany for their subsequent implementation into the legislation of the Republic of Uzbekistan. The relevance of this study is that today there are a number of shortcomings in domestic legislation hindering the development of the investment potential of the Republic of Uzbekistan. The main methods used in writing this work are the historical method, the method of theoretical analysis and synthesis, comparative legal analysis and the «Delphi» method. This article presents proposals for reforming the legal status of partnerships listed in the national legislation in order to develop the investment potential of the Republic of Uzbekistan. These proposals can be used in the implementation of the task set by the head of state to create a draft law «On Partnerships» and improve the legislative framework of limited partnerships in the Republic of Uzbekistan. As a conclusion of this study, it is of a paramount importance to notice that the kommandit partnership indicated in the national legislation is a complete analogue of the kommandit partnership gaining widespread use in the Republic of Germany, with the exception of certain distinctive characteristics. The introduction of these certain distinctive characteristics will serve to make the national kommandit partnership a more flexible and attractive form for investment activities.
