Forming a Danish business

​The vast majority of companies in Denmark are companies with limited liability – a public limited company (A/S) or a private limited company (ApS).

To establish a company in Denmark the following documents must be drafted:

• Memorandum of Association
• Articles of Association

All documents can be drafted in English, and no signatures require a notarial certificate.

Furthermore, the share capital must be paid to the company’s bank account or to the client account of the company’s attorney.

Certain types of overseas companies may operate in Denmark through a branch office. A branch office is not a separate legal entity but represents the overseas company in Denmark. A foreign branch must be registered with the Danish Business Authority and registration can be done within a couple of weeks. A branch is subject to Danish corporate taxation.

 A foreign company’s activities in Denmark may also be carried out through a representative office provided the activities are of limited nature, e.g. receiving orders (but not invoicing), administrative work or performance of a specific business activity for a limited period of time. A foreign representative office need not be registered with the Danish Business Authority, has got no separate legal personality, and is generally not subject to Danish corporate taxation.

Contact us for further guidance on setting up in Denmark, or request our Doing Business in Denmark guide.