Danish company law advisory.
Company formation, shareholder arrangements, governance, restructurings and Danish company-law support for cross-border groups.
Company law is the architecture through which ownership, control, risk and value are held. A Danish company can be formed quickly, but the long-term consequences sit in the articles, shareholders’ agreement, capital structure, board mechanics, beneficial-owner filings, tax position and exit arrangements.
Moore Law advises founder-led businesses, international groups, family companies and foreign owners on Danish company-law matters where the structure must work legally, commercially and tax-wise.
Last reviewed:
Capital requirements, registration practice, beneficial-owner filings and restructuring procedures should be checked against current Erhvervsstyrelsen guidance before action is taken.
Company forms at a glance.
| Form | Current position | Minimum capital | Moore Law view |
|---|---|---|---|
| ApS | Private limited company; the usual limited-liability form for closely held Danish companies | DKK 20,000 | Often the natural starting point for founder-led businesses, subsidiaries and Danish operating companies. |
| A/S | Public limited company; generally used for larger or more formal corporate structures | DKK 400,000 | Relevant where scale, governance, investor expectations or public-company architecture justify it. |
| IVS | Historic entrepreneurial company form; no longer available for new incorporation | Not a current formation route | Relevant only as a legacy clean-up, conversion, re-registration, revival or dissolution issue. |
Scope of company-law advisory.
Formation
Establishment of Danish ApS and A/S companies, including constitutional documents, capital evidence, beneficial-owner filings and group integration.
Shareholder arrangements
Shareholders’ agreements, reserved matters, voting rights, transfer restrictions, drag-along and tag-along, deadlock, exit and dispute mechanisms.
Founder and investor structures
Founder equity, investor protections, share classes, option pools, vesting, leaver provisions and control architecture.
Group restructurings
Share exchanges, capital changes, contributions, demergers, mergers and holding structures, coordinated with Danish tax analysis and binding rulings where appropriate.
Governance and compliance
Board procedures, general meetings, management duties, UBO filings, annual-report coordination and related-party transactions.
Dissolution and liquidation
Solvent liquidation, voluntary dissolution, restoration or revival issues and disputes around the conduct of liquidators or administrators.
Where company structures go wrong.
- Articles and shareholders’ agreement do not match.
- The cap table works mathematically but not legally.
- Founder and investor expectations are not documented.
- Beneficial-owner filings are treated as administration rather than compliance.
- Tax-neutral restructuring is attempted without tax analysis.
- The Danish subsidiary is created before group authority is clear.
- Deadlock and exit mechanics are ignored.
- Liquidation is treated as a simple filing despite active assets or contracts.
Common questions.
Should I choose ApS or A/S?
An ApS is usually the natural form for closely held companies and subsidiaries. An A/S may be appropriate for larger, more formal structures or where investor expectations, governance or scale justify it.
Can IVS still be formed?
No. IVS is not a current ordinary formation route. It is relevant only for legacy conversion, revival, re-registration, dissolution or clean-up matters.
When is a shareholders’ agreement needed?
Whenever there is more than one meaningful owner, or where control, transfer, exit, funding, deadlock or succession matters need to be settled outside the articles.
Can a Danish company be restructured tax-free?
Possibly, depending on the structure and conditions. Company-law and tax rules should be reviewed together, and a binding ruling may be appropriate.
Do beneficial owners need to be registered?
Danish companies must comply with beneficial-owner registration requirements. The filing should reflect actual ownership and control.
Related: M&A and joint ventures · Binding rulings · International taxation · Holding structures · Contract law · Contact the Danish practice.
Company formation, capital and beneficial-owner requirements should always be checked against current Erhvervsstyrelsen guidance before action is taken.
- Erhvervsstyrelsen — Formation of ApS and A/S
- Erhvervsstyrelsen — Beneficial owners
- Virk — Register an ApS or A/S
External government and institutional sources. Programme figures and regulatory positions should be verified against these before they are relied upon.