Formation of a Danish company

Following the decision to form a company, one or more promoters will initiate the formation process. In contrast to many other jurisdictions, the formation of a company in Denmark does not require notarisation, legalisation, or separate governmental approval. Not only is the incorporation process relatively simple, it can also be swiftly executed.

Through the use of “online incorporation” the incorporation process can take less than one day. However, if the promoter is not a Danish natural person or a legal entity with registered office in Denmark, incorporation cannot be completed online but must instead be completed by submission of an application form to the Danish Business Agency (the “DBA”). This might take a couple of weeks, depending on the workload of the DBA.

The promoter(s) of an A/S or ApS need only prepare and sign the articles of association and memorandum of association (naming board of directors and auditor), have the required part of the share capital fully paid up and then deliver the relevant documentation provided to the authorities.

Both the ApS and A/S must file for registration of the newly formed company with the DBA. The time limit for this registration is two weeks.

Private companies must use “anpartsselskab” (privatecompany) or the abbreviated form “ApS” in their title.

Public companies must use “aktieselskab” (public company) or the abbreviated form “A/S” in their title.

The naming requirement for both ApS and A/S companies is strictly enforced. A number of additional naming rules apply to both the ApS and A/S.

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