Business start-up

SelskabsAdvokaterne have extensive experience and expertise in legal advice on setting up businesses.

We offer assistance in all legal aspects relating to business start-up, also in finding the most suitable type of business and corporate structure.

Our services also comprise drafting of relevant documents, such as memorandum of association, articles of association and rules of procedure for the Board, contact with public authorities, protection of trademarks and other intellectual property rights, marketing efforts and preparation of contracts, e.g. employment and service contracts, cooperative agreements and terms of sales and delivery.

In cases of shared ownership of the business, we will assist in setting up a shareholders' agreement or other appropriate framework.

In later phases of the start-up, the business may need to attract venture capital or loan financing. We provide assistance in sourcing loans and eqioty and in drawing up the necessary investor agreements and capital investment documents.

Choice of corporate form

The decision on what type of corporate form to choose is complicated and complex. We offer individual advice based on your relevant needs and wishes. 
The most characteristic feature of a public or private limited company is that it is the company - and not its owners - that, in its capacity as a legal entity, is liable to the external environment. In practical terms, the liability of each equity stakeholder is limited to his original contribution of capital and his proportion of any gains not distributed from the company.

Incorporation of private and public limited companies

When setting up a business, restructuring an existing business or transforming a privately owned business into a company, it is most often advisable to do so in the form of a private limited company (anpartsselskab, ApS) or public limited company anpartsselskab, A/S) as governed by the Danish Companies Act.

At SelskabsAdvokaterne we understand how important it is that the company is established without undue delay, and our priority is to ensure that the necessary procedures are carried out efficiently - without compromising on the quality of our work.

If you have the necessary funds at hand, we can establish your company or companies online with the Danish Commerce and Companies Agency from one day to the next. This is often a surprise to foreigners accustomed to much longer incorporation periods.

At SelskabsAdvokaterne we have extensive experience in the area and take pride in being able to take the client's specific needs and wishes into consideration, as determined with our assistance.

Rates - Establishing ApS (private limited company) and A/S (public limited company) - non-Danish owners

If the company's founder is a foreign national, a number of additional measures will typically need to be taken. Our fee is normally calculated on the basis of time spent, the hourly rate ranging from DKK 1.500 - 2.400 excluding VAT. The number of hours spent and the extent of case handling very much depends on the complexity of your requirements and what other services you may need. Based on experence, our indicative fee for this service is DKK 20.000 excl. VAT.

When establishing a company with non-Danish ownership we need to have a notarially certified copy of the founding company's original certificate of registration issued by the relevant foreign registration authority as well as notarially certified passports of the lawful representatives of the foreign company. The documents may need to be translated into Danish. If that is the case, costs related to the translation will be borne by the client or added to our bill. We also need a copy of the passport of each physical individual ultimately owning no less than 25% of the company to be established. All of this is needed to comply with mandatory requirements laid down by the Danish authorities.

If the company is formed by a non-Danish individual, Danish legislation requires that we receive a notarially certified copy of the individual's original passport.

If there are to be several owners of the Danish company we recommend that a shareholders' agreement is drawn up between the owners in connection with the formation of the company.