[ncc-services-wg] Issue with membership/registering resources with a german GmbH & Co. KG

Dear colleagues,

We provided some clarification on this topic on the Members Discuss mailing list back in February:
https://www.ripe.net/ripe/mail/archives/members-discuss/2019-February/003273.html <https://www.ripe.net/ripe/mail/archives/members-discuss/2019-February/003273.html>

We also presented on this at RIPE 78:
https://ripe78.ripe.net/presentations/109-109-Due-diligence_RIPE-78-updatedv3.pdf <https://ripe78.ripe.net/presentations/109-109-Due-diligence_RIPE-78-updatedv3.pdf>

Essentially, we can only accept an agreement that has been signed by a natural or legal person (meaning that the entity has separate legal personality).

While partnerships may be able to enter into agreements in some jurisdictions, liability is not as clearly defined here as in the case of legal persons. It's important to consider that there are many unique legal structures in our service region and our ability to respond to specific cases needs to be balanced against the need to treat all members the same.

When it comes to the German "Kommanditsgesellschaft" or "KG" (limited partnership), we follow the information provided to us by the German Handelsregister. For example, the website of the Frankfurt Chamber of Commerce states: "The KG does not possess its own legal personality distinct from the partners themselves."
https://www.frankfurt-main.ihk.de/english/business/legal_forms/kg/index.html <https://www.frankfurt-main.ihk.de/english/business/legal_forms/kg/index.html>

As the Legal Team at the RIPE NCC, we follow the relevant case law that is developing around this issue. We will also review any information members wish to send us which may help to clarify certain legal specifics regarding their organisation.

Kind regards,

Linda Slaakweg
Legal Counsel
RIPE NCC
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.ripe.net/ripe/mail/archives/ncc-services-wg/attachments/20190807/92a38c0c/attachment.html>