A company that was already founded (by the founding document), but that was not incorporated yet (registered in the Commercial Register).
Who acts on behalf of the company before its foundation, is committed from this decisions, (more people then jointly and severally) - if companions (or organs of the company) approves this decision within three months from the date of the company incorporation, then these decisions have been committed since the beginning of business company.
Liabilities that are not related to the creation of the company, and liabilities that are not at the expense of the founders, the company may not assume (unless they are signed with a suspensive condition of the company and approved by the shareholders, or authority) > founders must provide a list of these negotiations and submit them for approval to the shareholders (the authority within 3 months).
Persons who take over on behalf of the company other commitments are committed from this decision and responsible for damages.