Commentary to article 84. The main provisions on the partnership with additional responsibility of the Civil Code of the Republic of Kazakhstan
TDO can be considered as a type of LLP. The difference between them is that the participants of the TDO assume responsibility for the obligations of the partnership not only in the amount of the contributions made to its authorized capital, but also with their other assets in the same multiple for all to the value of their contributions.
Creditors of a TDO first of all foreclose on its property, and if this property is insufficient to repay debts, subsidiary liability of the participants of the partnership within the limits established by them, which they jointly bear. If one of the participants in the TDO goes bankrupt and cannot bear responsibility for the debts of the partnership, his share of responsibility is distributed among the other participants in proportion to their contributions, provided that the specified procedure is not changed by the constituent documents.
All of the above explains the application of the rules of the Civil Code on LLP to the TDO in a part that does not contradict the provisions of the commented article.
Comments on The Civil Code The Code of Criminal Procedure The Criminal Code The Normative resolution of the Supreme Court The criminal legislation The normative legal acts of the Republic of Kazakhstan
The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
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