We are managed under the umbrella of Merck KGaA, Darmstadt, Germany, a Corporation with general partners (Kommanditgesellschaft auf Aktien - KGaA). At least one partner has unlimited liability for the company’s creditors (general partner). The others (shareholders) hold an interest in the share capital without any personal liability for the company’s debts. It is therefore a hybrid of an Aktiengesellschaft (German stock corporation) and a Kommanditgesellschaft with a focus on German stock corporation law.
These are the differences between a German corporation with general partners and a German stock corporation:
Numerous resolutions made by the Annual General Meeting require the approval of the general partners
Shareholders hold around 30% of the total capital of Merck KGaA, Darmstadt, Germany, and the family owns an interest of around 70% via E. Merck KG, Darmstadt, Germany, the general partner.
Capital structure and corporate bodies of Merck KGaA, Darmstadt, Germany
Publication of Merck KGaA, Darmstadt, Germany.
There are two different, unaffiliated companies that use the name MERCK. Merck KGaA, Darmstadt, Germany, which operates this website, uses the firm name “Merck KGaA, Darmstadt, Germany,” in the United States and Canada, and also uses “EMD Serono” in healthcare, “MilliporeSigma” in life science and “EMD Performance Materials.” The other company is Merck & Co., which uses the trademark MERCK only in the United States and Canada. Merck & Co. is not affiliated with or related to Merck KGaA, Darmstadt, Germany, which owns the MERCK trademark in all other countries of the world.
To reflect such fact and to avoid any confusion, certain logos, terms and business descriptions of the publications on this website have been substituted or modified, such as by referring to “Merck KGaA, Darmstadt, Germany” instead of “Merck” standing alone. Publications on this webpage, therefore, slightly deviate from the otherwise identical versions accessible outside the United States and Canada.