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30.03.2023 | KPMG Law Insights

Effects of the MoPeG for medical cooperation communities

The reform of partnership law is also relevant for the liberal professions – such as (dental) joint medical practices. You should be aware of these changes.

The professional law of the liberal professions will be expanded by another subject area: On January 1, 2024, the Act on the Modernization of the Law on Partnerships (MoPeG) will come into force. It not only affects the commercial economy, but is also important for the liberal professions, such as doctors. The reform particularly covers joint practices in the form of (supra-local) professional training associations, which are mostly organized as civil law partnerships (GbR), or medical care centers (MVZ) operated in this legal form.

The MoPeG introduces a large number of changes.

Significant changes:

  • Civil law companies will be able to register in a company register in the future. This is particularly important if the company holds real estate or shares in another limited liability company. If a GbR is involved in a GmbH, the entry in the company register should therefore be proactively checked. Prior to register entry, existing land register entries, if any, should also be checked to ensure that they are up to date.

Note: It is not yet known whether funding or licensing authorities will also insist on the publicity effect of the entry in the register. Again, proactive communication with relevant stakeholders is recommended.

  • The MoPeG opens up the general partnership (OHG) and the limited partnership (KG) – and thus also the GmbH & Co. KG – to the liberal professions. This can lead to a far-reaching reduction in the liability of the shareholders. This opening option has not yet been implemented in professional law.

In addition, the MoPeG amends individual legal issues, such as voting power, the appropriation of profits and the resolution procedure. Against this background, it is advisable to review existing partnership agreements. Preventive adjustments up to December 31, 2023, allow inappropriate legal provisions to be mostly waived by the shareholders.

Our offer:

We have the legal change for you in view. We will be happy to provide you with concrete recommendations for upcoming measures and accompany you during their implementation. Our experience allows us to make quick and accurate assessments so you can effectively use the transition period until December 31, 2023. Contact us. Contact now.

Further information on the MoPeG can be found here and in the podcast “KPMG Law on air”.

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