SCPA: Difference between revisions

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(Created page with "a ''société en commandite par actions'' is a {{tag|partnership}} limited by shares under the laws of the Grand Duchy of {{tag|Luxembourg}}. A société en commandite...")
 
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a ''[[société en commandite par actions]]'' is a {{tag|partnership}} limited by shares under the laws of the Grand Duchy of {{tag|Luxembourg}}.
{{a|entity|}}A ''[[société en commandite par actions]]'' (“[[SCPA]]”) is a {{tag|partnership}} limited by shares under the laws of the Grand Duchy of {{tag|Luxembourg}}. It is seems as being something of a hybrid between a [[limited liability company|société anonyme]] and a [[limited partnership]].
 
Unlike a limited partnership, interests in the undertaking are represented by shares, devoid of "personal character". These interests are in principle transferable.


A [[société en commandite par actions]] has two different types of participants:
A [[société en commandite par actions]] has two different types of participants:
:(i) the [[associé commandité gérant]] (the "[[general partner]]") who is, by operation of law, [[jointly and severally liable]] for any obligations of the partnership and is
:(i) one (or more) [[associé commandité gérant]]s (the "[[general partner]]s") who , by operation of law, are [[jointly and severally liable]] for any obligations of the partnership and are responsible for its management.
responsible for the management of the partnership.
:(ii) the limited shareholders ([[associés commanditaire]]s) whose liability is limited to the amount of their investment. There may be an unlimited number of limited [[shareholder]]s.
{(ii) the limited shareholders ([[associés commanditaire]]s) whose liability is limited to the amount of their investment. There may be an unlimited number of limited [[shareholder]]s.
 
The undertaking's trading name must contain the name of one or more general partners, but not any of the limited partners (because that would imply unlimited liability in the same way as the general partners.
 
{{c|Luxembourg}}