Running your own business means complying with company law. There’s no way around it as a business owner. Whether you have a so-called limited company (e.g. a private limited company or public limited company), a sole proprietorship or a limited partnership, there are several rules and principles you need to keep in mind when running your business. This includes the Companies Act and the Act on Certain Commercial Enterprises. Every entrepreneur or self-employed person has either directly or indirectly made decisions in which this type of regulation is applied. For example, in connection with the formation of a private limited company, the formation of a public limited company or the drafting of a partnership contract for your partnership. Many of these maneuvers involve encountering with the area of company law.
Some business owners choose to set up their new limited liability company on their own without legal assistance. In many cases, this works out well, although it is not always the case that the documents drawn up are as optimal as they could have been with external assistance.
The primary law in the field is the Danish company law. It concerns the company forms of private limited company (ApS) and public limited company (A/S). Previously, the entrepreneurial company (IVS) was also regulated by the company law. However, after the abolition of entrepreneurial companies back in April 2019, section 20a of the company law on special rules for entrepreneurial companies has now been repealed.
In the company law, you will also find rules on ownership, company management (board of directors, supervisory board, and executive board), representation, capital requirements, company name and similar rules for what applies to limited liability companies.
At Raadgiver.dk, we are specialists in company law. We have helped many entrepreneurs and self-employed people navigate through the company law rules. We can help with issues that may arise in connection with this.
Examples where Raadgiver.dk has advised on company law
Over the years, we have prepared and advised many clients on company law. Here are a few examples of issues we have assisted our clients with:
Company X ApS consisted of two owners who were also directors of the same company. The company had been established a few years ago, and now it was time to bring a new partner into the ownership group. Raadgiver.dk assisted the owners in drawing up a shareholders’ agreement. This is to ensure that the right incentives were in place for the owners. Also to make sure that it was optimal in relation to their current and future business operations and strategies.
Company Y IVS consisted of three owners who had jointly established the company on their own. They wanted to expand the business and wanted to review the company’s documents, including the deed of foundation and articles of association. It turned out that the three founders had prepared such inadequate documents that the company’s incorporation would be invalidated if challenged in court. In other words, the company – in its intended corporate form – did not exist in a legal sense. Raadgiver.dk assisted this group of owners in rectifying this situation. After a review and a constructive dialog with the Danish Business Authority, we got the company back on track – and the three owners were able to expand the business as desired.