Liability in Bankruptcy: Need Advice?

Questioner

Can an unregistered partner of my (ex) employer be held jointly liable for a bankruptcy (sole proprietorship)? The partner involved managed the company with my ex-employer, lived with his children in the company home and used all the facilities and goods of the company. The law states that only marital partners (community of property) and partners with a partnership registration can be held liable. But in this case it can be said are about 'the spirit of the law', after all, the partner does everything for which the ex-employer (owner) can be held liable (e.g. making decisions and purchasing company assets).

Lawyer

You could argue that this partner was in fact (also) a director and can therefore be held liable. Now I do not know what you want to claim, but at first glance it does not seem impossible. If desired, you can contact us directly to discuss and investigate this further.

Lawyer

In a sole proprietorship, the owner is fully liable, both business and private, for all debts within the organization. In this legal form, it is not possible to have a company in the name of another person and they should have had a general partnership or something similar. However, it would be possible to jointly run a company (and thus to manage it) by also giving an employee decision-making and/or signing authority. This would then have to be arranged via a document at the Chamber of Commerce or a mutual agreement. If this authorized representative then made incorrect decisions that had negative consequences for the company, the damage can be recovered from the person. But then the owner must clearly prove that the authorized representative can be accused of deliberately acting incorrectly. If this is not possible, the owner has no leg to stand on. In the event of problems, I do advise you to seek legal assistance that can advise and assist you well in this. I hope to have been able to provide you with sufficient information. If you still have questions or require assistance, you can always contact us.