Understanding APS Limited Liability Companies in Denmark

Anpartsselskab (ApS) is a type of Danish limited liability company that is required to be registered with the Business Activity Authority, also known as Erhvervsstyrelsen. The registration can be completed through the https://erhvervsstyrelsen.dk/ website.

What is worth knowing about ApS?

  1. ApS is governed by the Law on Private Limited Liability Companies and the Tax Law.
  2. The owner of ApS is not liable for the company’s debts and liabilities, if any.
  3. The minimum share capital needed to establish ApS is DKK 40,000. The paid-up capital will be owned by the company, not by the owner, who may, however, use it to pay company expenses, dividends, distributions.
  4. Assets such as a car can be deposited in the company instead of cash, but this is more time-consuming and costly, requiring hiring a chartered accountant.
  5. The company has a legal personality and is an ideal form for running a family business, as the owner can have absolute custody of the company.
  6. ApS requires incorporation documents and articles of incorporation.
  7. The owner of the company should not borrow money from the company, as this can be highly taxed.

An Anpartsselskab can have one or multiple owners, who may or may not be Danish residents. It's possible for an owner to also be a director and vice versa, meaning a director can be an owner and may or may not be a Danish resident.