• Latest
  • Trending
Investing quietly: Typical and atypical silent partnerships for startups

Investing quietly: Typical and atypical silent partnerships for startups

14. March 2023
BGH considers Uber Black to be anti-competitive

Distance learning, coaching and synchronous online formats

2. March 2026
Media outlets consider influencers law pointless

Manipulated QR codes and quishing

27. February 2026
AI agents as autonomous contractual partners?

AI agents as autonomous contractual partners?

26. February 2026
Platform cooperatives as a financing and business model

AI training data as an asset: accounting, IP strategy and exit factor

25. February 2026
Streaming setup, influencers and contract law

Influencers: when marketing suddenly becomes commercial agency law

18. February 2026
Insolvency administrator and access to tax office data?

NRW audits influencers – and suddenly normal rules apply?

12. February 2026
iStock 1405433207 scaled

Legal pitfalls in revenue-based financing for start-ups

12. February 2026
Streaming setup, influencers and contract law

Streaming setup, influencers and contract law

9. February 2026
Platform cooperatives as a financing and business model

Platform cooperatives as a financing and business model

8. February 2026
Frankfurt district court a.M. softens influencer jurisdiction

VAT on donations, gifts and “support” from influencers?

5. February 2026
Chamber Court on obligations to injuntture in the case of acts of third parties

Jurisdiction in the contract: one word too many, one word too few

4. February 2026
New info on the status of the State Media Treaty

Customer hotline and support in SaaS

2. February 2026
BGH considers Uber Black to be anti-competitive

BGH: FRAND objection fails due to lack of willingness to license

28. January 2026
marianregel

InformationCheck.de is live: side project for source-based classification of social media claims

22. January 2026
DPMA

Paid mods, fan guidelines and EULA: when monetization is possible

21. January 2026
Is an 8 year old allowed to be an Esport player?

LOI, term sheet, MoU, often binding for startups?

20. January 2026
What actually is an IP? In the games, music and film industry!

Freelancer paid, but still not getting rights?

19. January 2026
Affiliate links for streamers and influencers

Comparison sites as an SEO trick

16. January 2026
Reverse vesting

Vesting, good leavers, bad leavers – why a lack of regulations costs startups dearly

15. January 2026
ai generated g63ed67bf8 1280

AI guideline for agencies and external service providers

14. January 2026
  • Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Kurzberatung
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Investing quietly: Typical and atypical silent partnerships for startups

14. March 2023
in Corporate
Reading Time: 13 mins read
0 0
A A
0
business g5973cc862 1920

Notice:

Content Hide
1. Silent partnerships: Typical and Atypical
1.1. Typical silent partnership
1.2. Atypical silent partnership
2. Advantages and disadvantages
3. Connection with business angel concept
4. Tax aspects
5. Advantages and disadvantages of the typical silent partnership
6. Advantages and disadvantages of the atypical silent partnership
6.1. Author: Marian Härtel
Key Facts
  • Silent partnerships are private written contracts without a notary or commercial register, which allows for many variations.
  • There are typical and atypical silent partnerships, which differ in terms of profit and loss responsibility.
  • Typical silent partnerships offer no liability for company debts and have a fixed term.
  • Atypical silent partnerships allow a say, but with a higher risk and liability for company losses.
  • The choice between typical and atypical participations should take into account tax aspects and effects on the tax burden.
  • Silent partnerships can be combined well with the business angel concept for support and know-how.
  • Before entering into a silent partnership, it is advisable to consult a lawyer or tax advisor.

Before you get into the differences between typical and atypical silent partnerships, I would like to point out that this construct is a private written contract that is concluded without the involvement of a notary and commercial register. This means that, in principle, very many variants are possible, all of which can have advantages and disadvantages and must therefore be discussed with the client. It is therefore advisable to obtain thorough information before concluding a silent partnership agreement and, if necessary, to consult a lawyer or tax advisor

Silent partnerships: Typical and Atypical

Silent partnerships are a popular form of investment in companies. They offer investors the opportunity to invest their capital in a company without being actively involved in its management. However, there are two types of silent partnerships: typical and atypical. This blog post explains the differences between the two types of silent partnerships.

Typical silent partnership

A typical silent partnership is an investment in which the investor participates only in the profits of the company. He has no say in the management and is not liable for the debts of the company. The amount of participation is usually fixed and cannot be changed. Typical silent partnerships usually have a fixed term and the investor has no influence on the management.

Atypical silent partnership

An atypical silent partnership is an investment in which the investor also participates in the loss of the company. The investor also has a say in the management and can make decisions that affect the company. In contrast to the typical silent partnership, the investor in an atypical silent partnership can be held liable if the company has debts. The amount of the participation may vary and atypical silent partnerships may be open-ended.

Advantages and disadvantages

Typical silent partnerships offer investors a way to put their capital into a company without having to worry about management. They are also not liable for the debts of the company. Atypical silent partnerships offer investors more influence on management and the opportunity to make decisions that affect the company. However, they are also associated with a higher risk, as the investor also participates in the loss of the company and can be held liable

Connection with business angel concept

Silent partnerships can also be interesting for young startups, game developers and esport teams, as they can be well combined with a business angel concept. Business angels are experienced investors who support and advise startups and young companies. They can offer investors in a silent partnership valuable advice and contacts to make the company successful. By combining silent partnerships and business angels, young companies can benefit from the financial support and expertise to build and grow their business.

Tax aspects

When choosing between a typical or atypical silent partnership, the tax aspects should also be taken into account. The different types of investments are each assessed differently for tax purposes and may affect the investor’s tax burden. It is therefore advisable to consult a tax advisor to understand and plan for the tax implications of the investment. A tax advisor can also help determine the best structure for the investment to minimize the tax burden.

Advantages and disadvantages of the typical silent partnership

Advantages:

  1. No say in the management: The investor does not have to worry about the management and can concentrate on his investment.
  2. No liability for debts: The investor is not liable for the debts of the company and thus bears no financial risk.
  3. Fixed term: The term of the investment is fixed, which gives the investor a certain degree of planning security.
  4. Fixed amount of participation: The amount of participation is fixed and cannot be changed, which gives the investor a clear idea of his investment.
  5. Simple structure: The typical silent partnership has a simple structure, which facilitates management and implementation.

Disadvantages:

  1. No say in the management: The investor has no say in the management and thus cannot actively participate in the development of the company.
  2. No influence on decisions: The investor has no influence on decisions affecting the company, which can lead to frustration.
  3. No possibility to influence the company: The investor cannot influence the company to protect or improve his investment.
  4. No flexibility: The amount of the investment and the term are fixed, which gives the investor no flexibility.
  5. No possibility to increase profits: The investor cannot actively contribute to increase the profits of the company.

Advantages and disadvantages of the atypical silent partnership

Advantages:

  1. Right to a say in the management: The investor has a say in the management and can thus actively participate in the development of the company.
  2. Influence on decisions: The investor has influence on decisions that affect the company, which gives him more control.
  3. Possibility to influence the company: The investor can influence the company to protect or improve his investment.
  4. Flexibility: The amount of the investment and the term can vary, which gives the investor more flexibility.
  5. Opportunity to increase profits: the investor can actively contribute to increasing the company’s profits

Disadvantages:

  1. Liability for debts: The investor can be held liable in the case of an atypical silent partnership if the company has debts.
  2. Higher risk: The atypical silent partnership involves a higher risk, as the investor also participates in the loss of the company.
  3. More complex structure: The atypical silent partnership has a more complex structure, which can make it more difficult to manage and implement.
  4. Unclear responsibilities: The responsibilities between investor and management may be unclear in the case of an atypical silent partnership.
  5. Conflicts with other investors: In the case of an atypical silent partnership, conflicts may arise with other investors who have a different idea of the company’s development.
Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: BlogBusinessCommercial registerDevelopmentEntscheidungenEsportGame developerHaftungInvestmentInvestorSicherheitStartupsTax consultant

Weitere spannende Blogposts

What is the Artificial Intelligence Act?

What is the Artificial Intelligence Act?
6. January 2023

Introduction The Artificial Intelligence Act is a proposal for a European law on artificial intelligence (AI) - the first law....

Read moreDetails

Advice on Corona regarding legal issues and governmental assistance – regular updates

Advice on Corona regarding legal issues and governmental assistance – regular updates
7. November 2022

The Corona crisis, or Covid-19, is hitting us all. And also many clients from the IT sector inform me this...

Read moreDetails

Preventive cease-and-desist declaration? Never without advice!

Choice of law by general terms and conditions not surprising per se
7. November 2022

Non-lawyers are usually only familiar with the catchword "warning letter". In fact, however, there may also be a so-called preventive...

Read moreDetails

Esport: What belongs in a player contract?

Cologne District Court considers online contract generator to be illegal
7. November 2022

On the subject of player contracts, I have already written a great many here on the blog, e.g. on the...

Read moreDetails

DNS Resolver as a DOER of copyright infringement?

DNS Resolver as a DOER of copyright infringement?
6. March 2023

The Leipzig Regional Court, in its 5th Civil Chamber, which I am unfortunately also very unpleasantly familiar with, has made...

Read moreDetails

Cloudflare liable for copyright infringement

ECJ: Advocate General assesses sampling as copyright infringement
7. November 2022

In a decision from October last year, the Higher Regional Court of Cologne obliged the provider Cloudflare, which many website...

Read moreDetails

Porn shoot or filmed prostitution?

Spree killings announced over the Internet?
7. November 2022

It is always exciting to see what German courts have to deal with. But it's great. The following is my...

Read moreDetails

Design update and future plans

Design update and future plans
7. November 2022

Yesterday I took advantage of a too hot office and gave the website a makeover. The focus is now more...

Read moreDetails

Brief reminder: Influencer as target of warning letters

Brief reminder: Influencer as target of warning letters
7. November 2022

Since I was contacted yesterday by a client who received a warning letter due to his Twitch channel, I would...

Read moreDetails
BGH considers Uber Black to be anti-competitive
Law and Esport

Distance learning, coaching and synchronous online formats

2. March 2026

The Distance Learning Protection Act (FernUSG) has been experiencing a renaissance for some time now. What for decades was considered...

Read moreDetails
Media outlets consider influencers law pointless

Manipulated QR codes and quishing

27. February 2026
AI agents as autonomous contractual partners?

AI agents as autonomous contractual partners?

26. February 2026
Platform cooperatives as a financing and business model

AI training data as an asset: accounting, IP strategy and exit factor

25. February 2026
Streaming setup, influencers and contract law

Influencers: when marketing suddenly becomes commercial agency law

18. February 2026

Podcastfolge

75df8eaa33cd7d3975a96b022c65c6e4

Life as an IT lawyer, work-life balance, family and my career

26. September 2024

In this captivating episode of my IT Medialaw podcast, I, Marian Härtel, share my personal journey as a passionate IT...

Read moreDetails
092def0649c76ad70f0883df970929cb

Influencers and gaming: legal challenges in the digital entertainment world

26. September 2024
9e9bbb286e0d24cb5ca04eccc9b0c902

Legal challenges of innovative business models

1. October 2024
8ffe8f2a4228de20d20238899b3d922e

Web3, blockchain and law – a critical review

26. September 2024
86fe194b0c4a43e7aef2a4773b88c2c4

On the dark side? A lawyer in the field of tension of innovative start-ups

26. September 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung