A Danish ApS is anAnpartsselskab which is actually a limited liability company in Denmark. This type of structure is usually chosen for small and medium sized companies that are set up by foreign investors and it is mandatory to register it with the Danish Commerce and Companies Agency.
In order to set up a limited liability company in Denmark or an ApS, it is necessary to provide at least 80,000 DKK. The initial capital must be deposited in the Danish currency and it must be paid in full prior to company registration in Denmark. Members of a Danish ApS do not own shares.
At least one founder is required for setting up an ApS in Denmark. There can also be more shareholders when a Danish ApS is established and they can be either individuals or legal entities. At least one founder must be a resident of Denmark or of any other European country, but some exceptions may apply if the Ministry of Business and Industry considers so.
It is mandatory to have a management structure with a board of directors of at least three members if the limited liability company in Denmark has a capital over 300,000 DKK or if there are more than 35 employees. If these conditions are not met, the company can have at least one director who must be appointed by the shareholders and must be registered with the Registrar of Companies.
It is not mandatory to have a supervisory board in a limited liability company or an ApS in Denmark. The supervisory board or the executive board is optional and no special requirements are available for its members. It is however compulsory to have a registered or a state authorized accountant in order for him to submit annual financial statements regarding the company and to deal with the appropriate bookkeeping of the documents in a Danish ApS.
As far as the name of the company is concerned, it is mandatory to contain the word anpartsselskab or the abbreviation ApS for a limited liability company in Denmark. No trademarks, names of real property or surnames are allowed as the name of the Danish ApS and it is not permitted to have a similar name with another company.
For more details on the characteristics and registration procedures for all types of businesses in Denmark, our company formation agents remain at your disposal. Please contact us for personalized consultancy.