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> In most cases however this doesn't matter as much as is often presumed. I only hope you don't fail to deliver and get sued, misuse client data and get sued,
by easytiger 9y ago
> In most cases however this doesn't matter as much as is often presumed.
I only hope you don't fail to deliver and get sued, misuse client data and get sued, get accused of patent infringement et al.
Seen all of these happen.
- Xylakant 9y agoIf you're the sole owner and CEO of the GmbH/UG, you're often not shielded from personal liability in these cases. Any of these actions could be considered (gross) negligence and that would pierce the limitation in many cases. Limited liability for single person GmbHs is often overstated and overrated.
- BjoernKW 9y agoGermany and the EU in general is a civil law system (the UK and Ireland being exceptions). Suing a company for simple failure is not as easy as it might be in the US (though I doubt that's very common even in the notoriously litigious US legal system). Misusing client data is a criminal offence under European data protection laws. Doing so not only makes you liable for damages no matter if you're a sole proprietor or 'merely' a managing director of an Ltd-style company but it can also land you in jail. Finally, there are no software patents in the EU so if you run a software startup you're fine in that respect.
- gt2 9y agoWith no software patents, why don't more companies incorporate in Europe to avoid being sued for patent infringement in SV/elsewhere in the US?
- easytiger 9y agoBecause if you operate in any capacity in the US you are subject to US laws, presumably. I've worked now for 3 companies that are not US HQd but have been sued by patent trolls.