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GLOBAL INFO

Denmark

COUNTRY:

 

QUESTION:

ANSWER:

1.      What are the main company forms in your country?

The main company form is the Limited liability company.

The vast bulk of companies are formed as ApS.

2.      Which is the most preferred company form by foreign investors?

There are 3 relevant Limited Liability Companies:

-        IVS (companies meant for entrepreneurs/start ups)

-        ApS (Limited Liability Company on shares)

-        A/S (Limited Liability Company on shares)

3.      What are the basic capital requirements of this company? (minimum amounts, types of capital, deadline of capital contribution)

-        IVS – DKK 1,00 (only cash payment)

-        ApS – minimum DKK 50.000 (can be incorporated both via cash and valuables)

-        A/S – minimum DKK 500.000 (can be incorporated both via cash and valuables) – it suffice to pay 25 % of the DKK 500.000, i.e. DKK 125.000

 

4.      What are the basic rules of shareholders liability for company debts in this company?

The principle is that the liability of shareholders is limited to possible unpaid part of the share capital. Beyond that, there is no personal liability of the shareholder saving exceptional instances of “reckless conduct”.

5.      What are the basic management requirements for this company? (only natural persons, or nationals can be managers etc.)

No requirements as to nationality.

A management of one person suffice, however and A/S needs both a management (CEO) and a board of directors of minimum 3 persons. The chairman of the board cannot be the CEO.

6.      How long does the registration procedure of this company take?

The registration process is conducted on-line, so from the moment documentation of the required cash/valuables and proper ID are produced the registration can be done simultaneously

7.      What are the main costs of formation of this company in local currency?

A registration fee of DKK 670,00 to the Danish Business Authority -  https://danishbusinessauthority.dk/

No annual fees

8.      What is the average attorney’s fee of the formation of this company in local currency?

The legal fees involved depend on circumstances including complexity of statute drafting etc. However, the registration process normally entails a fee in the amount of DKK 4.000 – 6.000 incl VAT (€ 550 – 800).

Shareholders Agreements etc.are not included in the quotation of price. 

9.      What are the basic publicity requirements of this company (filing of company changes, financial reports, etc.)

The Company Statute and by-laws (changes hereto), identity of shareholders, registration of ownership surpassing 5 %, management and possible accountant are registered and hence disclosed publicly. Financial statements are delivered (digital) to the Danish Business Authority and are available online. There are exemptions for small sized companies which may draw up abridged/simplified balance sheets as well as abridged/simplified profit and loss accounts.

 

10.   What are the main auditor requirements?

Financial statements need to be audited annually.

From the registration no Financial Statements need to be filed before after the initial first 18 months.

Moreover, small sized companies can opt out of the normal requirement for a state public authorised accountant elected at the general meeting; however financial statements need to be filed every year.