III. FORMS OF GERMAN ENTERPRISE WHICH
ARE NOT JURISTIC
PERSONS |
| |
| A. Offene Handelsgesellschaft (o.H.G.) |
| |
| 1. This form of enterprise corresponds essentially to the American
general partnership. Generally each partner has power to act for the
partnership and is personally liable for partnership debts. The o.H.G. was used
seldom, if at all used, by I.G. Farben. |
| |
| B. Kommanditgesellschaft (K.G.) |
| |
| 1. This corresponds to the American limited partnership. The general
partner has the exclusive right and power to represent and manage the
partnership. The general partner of the American law is called under German law
the "Komplementaer" or the "persoenlich haftender Gesellschafter" ("personally
liable partner"). The limited partner is called "Kommanditist." This form of
business enterprise was used occasionally by I.G. Farben, which owned or held
substantial participations in a number of K.G.'s including Kluesser & Co.,
K.G.; Bourjau & Co., K.G.; Kupferhuette Ertel, Bieler & Co., K.G., and
Friedrich Uhde, K.G. |
| |
IV. COMBINATIONS OF GERMAN BUSINESS
ENTERPRISES |
| |
| 1. Combinations of business enterprises in Germany are much more
predominant than in the United States. Combination was sometimes compulsory.
Under German law and business practice there were numerous forms of combines of
business enterprises, among them the following: |
| |
| A. "Konzern" (Concern) |
| |
| 1. This was defined in German corporation law as a group of legally
separate enterprises which, functionally, were under unified direction. I.G.
Farben was sometimes referred to as a "Konzern," particularly because it
included a large number of legally separate enterprises and possibly because it
included, after 1925, a number of large enterprises which previously were
separate legal entities. |
| |
| B. "Interessengemeinschaft" |
| |
| 1. This means literally a "community of interests." A community of
interests usually consisted of an agreement on such matters as pooling of
profits; coordination of production and research; division of markets;
determination of prices; and patent practices. Between 1916 and 1925, eight
major German chemical firms were bound together in a community of interests,
often referred to as the old "I.G." (for "Interessengemeinschaft").
|
. 
