Establishing a General Partnership (Ortakëri e Përgjithshme) in Kosovo
A General Partnership (Ortakëri e Përgjithshme) in Kosovo is regulated by the Law on Business Organizations (Law No. 06/L-016). This type of partnership is formed between two or more individuals for a common commercial purpose, with partners bearing unlimited liability. Below are the conditions, processes, and legal basis explained:
1. Conditions for Establishing a Partnership
Partners
The partnership must be established by at least two natural or legal persons.
All partners are jointly and severally liable for the debts and obligations of the partnership​.
Partnership Agreement
The partnership must be formalized through a written agreement.
The agreement should outline the rights and obligations of the partners, profit and loss sharing, decision-making processes, and dissolution terms​.
Purpose
The partnership must operate for a commercial or economic purpose​.
Name and Registration
A formal name must be chosen for the partnership. The name must include the term "Ortakëri e Përgjithshme."
According to the Law on Business Organizations, the name must be registered with the Kosovo Business Registration Agency (ARBK)​​.
2. Registration Process
Application
Required Documents:
Partnership agreement (prepared in writing and signed by all partners).
Identification documents of all partners.
Proof of business address (e.g., rental agreement or ownership certificate).
Submission Location:
Applications must be submitted to the Kosovo Business Registration Agency (ARBK).
Registration Fees
A service fee is required for business registration. The fee structure is detailed in relevant administrative instructions​​.
Unique Identification Number
After registration, a unique Business Identification Number (BIN) is assigned to the partnership​​.
3. Features of a General Partnership
Unlimited Liability: Partners are fully liable with their personal assets for the partnership's debts.
Legal Status: The partnership does not have legal entity status and operates on behalf of the partners​.
Management: Partners share joint responsibility for managing the partnership activities​.
4. Legal Basis
The partnership is regulated under the following articles of the Law on Business Organizations:
Article 49: Nature of General Partnerships.
Article 50: Partnership Agreement.
Article 53: Liability of Partners.
Article 57: Authority to Act on Behalf of the Partnership​.
5. Post-Establishment Obligations
Tax Registration: The partnership must register with the Kosovo Tax Administration and fulfill its tax obligations.
Trade Name Usage: The partnership's registered name must be used in all commercial activities.
Address Updates: Changes in the partnership’s address must be reported to ARBK​​.