OHG is a person commercial company. Differently than at a finance company stands not bringing in the capital in the foreground, but the personal employment of the partners. These usually use their own worker, from which a certain personal solidarity results to the enterprise. The establishment of the unincorporated firm does not depend on a certain minimum capital.

A trade is forwards with an independent, outward recognizable, legal activity, those on durability and realization of profits is put on and no free occupation (e.g. physicians, attorneys, tax counsel, etc..) as well as no primary production (agriculture, etc..) is.

In Germany freedom of trade prevails. Everyone, which wants to exercise a trade, has in principle in addition the right.

An enterprise, which operates a trade, can be organized in different kinds. Each enterprise, which operates a trade, must consider the regulations of the trade and industrial regulations (GewO) in the version of the proclamation from 1 January 1987. Additionally it falls oHG as enterprise, which already achieved a certain order of magnitude, under the organization-legal regulations of the commercial code (HGB), independently of the fact whether she operates a trade in the closer conventional sense.

As trade enterprises, those are considered the typical commercial activities after the commercial code (HGB) (in former times: Basic trade) exercise: e.g. the large and retail trade, which producing trades, bank and insurance trade, carrying trade, commercial agent etc., in addition, persons, which operate commercial enterprise relating to crafts or an other, are considered as buyers.

OHG's are obligated like all buyers to let their enterprises register in the trade register. Enterprises, which operate after kind and extent a business concern, which does not have to be furnished in commercial way, need in the trade register are not registered. They are obligated only to announce at the responsible office for trade a trade. For distinction to the buyer one calls these enterprises of smaller order of magnitude smallmanufacturing (KGT) or also only manufacturing ones. These enterprises, which operate a business concern, which is not furnished in commercial way after kind and extent, can themselves (voluntarily) into the trade register register let and be considered thereby as a buyer with all rights and obligations.

If several persons are owners of a smallmanufacturing enterprise, then one calls this firm's structure society of civil right(GbR).

From a GbR one becomes oHG) by the entry into the trade register.

The partners are full buyers. For company debts is responsible oHG with the corporate assets (total hand ability). Besides all partners cling personally, also with their private possession. The restriction of the adhesion on the corporate assets is not possible. Each partner clings third in full height. It can however after according to demand of third balance requirements against the other partners the articles of association applies to make.

The partners one oHG are normally not liable to social security as independent ones (old age pension insurance, health insurance and unemployment insurance). One voluntary far insurance in the legal health insurance is possible for former employees. In addition the possibility exists of requesting an obligation insurance or a one voluntary insurance in the legal old age pension insurance. In some industries also an entrepreneur is insurance requiring in the legal accident insurance (professional associations), if it does not employ employees. OHG is a society, whose purpose is directed toward the enterprise of a trade under joint company and clings with the all partner the creditors unrestrictedly.

The right oHG is regulated in §§ the 105-160 commercial code (HGB). The regulations find supplementing over the basic form of each society, to the society of civil right (GbR) (§ § 705-740 BGB) application. Seen from the company form one can understand the OHG also as a special arrangement of the GbR for the trade.

OHG is particularly suitable for equal and obligated partners, which are active usually even in the society. It requires a high measure of mutual confidence. Because of that unlimited liability enjoys it a high credit-worthiness.

OHG is particularly suitable for medium-size enterprise (small and middle enterprises). OHG is a commercial company, i.e. according to the definition of the commercial code (HGB) its business purpose is directed toward the enterprise of a trade. Except a typical, traditional trade (wholesale, retail trade) one can also pursue oHG like each buyer registered in the trade register all other in form of a trade permissible purpose (in particular also industry, handicraft and other services).

If a business concern of a society to kind and extent requires in commercial way a furnished business concern, the enterprise is considered always as trade, independently of whether it was registered in the trade register or not. In the evaluation of an enterprise, whether it is commercially led, in particular raising of credit, business premises, is number of persons employed, kind of record keeping of turning etc. off on the annual turnover, kind and number of business operations.

Enterprises, which operate a business concern, which is not furnished in commercial way after kind and extent, can themselves voluntarily into the trade register register let and be considered thereby as a buyer with all rights and obligations. From a GbR one becomes oHG by the entry.

The height of the nominal capital can be agreed upon freely. A minimum capital is not necessary.