Best Investment & Business Structuring Lawyers in Greenland

1. About Investment & Business Structuring Law in Greenland

Greenland's framework for investment and business structuring blends its own home rule with Danish civil and corporate law. This means that while Greenland handles many local licensing and operational matters, key corporate rules are anchored in Danish legislation and Danish-administered processes. For investors, understanding both Greenlandic competencies and Danish law is essential.

Common company forms in Greenland include Danish-heritage structures such as Aktieselskab (A/S) and Anpartsselskab (ApS), used by Greenland-based enterprises and joint ventures. Corporate governance, share transfers, and financial disclosures follow standard Danish practices when applicable in Greenland. In addition, sector-specific licensing in areas like fishing, mining, and energy involves environmental, land-use, and resource-licensing requirements managed by Greenlandic authorities.

Practical due diligence and ongoing compliance require counsel who can navigate both Greenlandic administration and Danish corporate law provisions. A well-structured plan helps align ownership, reporting, taxation, and regulatory approvals from the outset. For up-to-date legal texts, consult official Danish and Greenlandic sources and seek localized legal advice.

“The Greenland Self-Government Act establishes Greenland's internal jurisdiction while Denmark handles broader matters within the Realm; corporate activity is affected by both layers.” See official texts at retsinformation.dk.

2. Why You May Need a Lawyer

• Scenario 1: A foreign company wants to form a Greenland-registered ApS to bid for a mining project. You need advice on share structure, local director requirements, and licensing prerequisites to ensure lawful participation and timely registrations.
• Scenario 2: An exporting Greenlandic fishery seeks to restructure ownership to attract international investors while preserving local control and compliance with fisheries licenses and environmental standards.
• Scenario 3: A company plans to acquire a Greenland subsidiary and must conduct due diligence, assess transfer of licenses, and obtain creditor and regulator consents within tight timelines.
• Scenario 4: A family-owned business contemplates intra-family share transfers or succession planning that respects Greenlandic corporate governance norms and Danish tax implications.
• Scenario 5: A joint venture with a local partner requires a detailed shareholder agreement, dispute resolution provisions, and alignment with local licensing and environmental rules.
• Scenario 6: A startup seeks to register, obtain VAT and business registrations, and secure initial licenses while designing a scalable ownership and governance plan for future rounds of investment.

3. Local Laws Overview

Greenland relies on a mix of Greenlandic competencies and Danish law for business structuring. The core statutes most commonly engaged by investors include the Greenland Self-Government framework and Danish corporate law enacted through Greenland-adapted processes. For formal text and updates, consult official Danish sources that cover these laws.

Lawmaking reference 1: Lov om Grønlands Hjemmestyre (Greenland Self-Government Act) - establishes Greenland's internal governance framework and economic regulation. Available through official Danish legal information portals for reference and amendments.

Lawmaking reference 2: Selskabsloven (Danish Companies Act) - governs formation, governance, capital requirements, and share transfers for companies, including those registered in Greenland. Current versions are published on Danish legal information sites.

Lawmaking reference 3: Udbudsloven (Public Procurement Act) - applicable to Greenlandic public sector contracting and tendering processes, aligned with Danish procurement rules. Official texts and guidance are available through Danish legal resources.

Key practical point: even when operating in Greenland, many corporate and licensing steps rely on Danish statutory texts, with Greenlandic authorities handling local registrations and licenses. Always verify the exact form requirements, director rules, and licensing steps with the relevant Greenlandic authority and Danish legal references.

“For investors, the most relevant statutes are the Greenland Self-Government Act and the Danish Companies Act, with official texts hosted on Danish legal information platforms.” See retsinformation.dk.

4. Frequently Asked Questions

What is the role of Greenland's Self-Government Act in business?

The Act defines Greenland's internal powers, including some economic and commercial matters. It shapes how licenses, ownership, and operations are regulated locally, while Denmark retains authority over broader realm-wide issues.

How do I start a Greenland-registered company (ApS or A/S)?

You typically prepare articles of association, appoint directors, and file incorporation documents with the Greenlandic authority. Expect coordination with Danish corporate rules via the Greenlandic registrar and associated licensing bodies.

What is required to register a business in Greenland for a foreign investor?

Common requirements include identity verification, capital structure confirmation, local director where applicable, and proof of regulatory approvals for the sector. You will also need registration for VAT and tax purposes where relevant.

Do I need a local director if I form an ApS in Greenland?

In many cases a local presence or representative may be required to obtain licenses and operate, especially in regulated sectors like fishing or mining. Check the sector-specific licenses and corporate rules for your scenario.

How long does incorporation typically take in Greenland?

Incorporation and initial licensing can take from a few weeks to several months, depending on sector, licensing complexity, and the readiness of due diligence materials. Planning and early engagement with authorities helps avoid delays.

What is the difference between ApS and A/S for Greenland operations?

ApS is a private limited company with smaller capital requirements, while A/S is a joint stock company typically used for larger ventures. Both follow Danish corporate principles when used in Greenland, including governance and reporting norms.

How much does it cost to set up a company in Greenland?

Costs include registration fees, legal and notary fees, sector licenses, and initial capital requirements. Exact amounts depend on company type and the licenses needed for your activities.

Can a foreign investor own Greenland mining licenses?

Ownership of licenses is regulated and may require local partnerships or joint ventures. Foreign ownership is possible in many cases, but regulatory approvals and local engagement are typically required.

Do I need to hire a lawyer for the incorporation process?

Yes. A lawyer helps align Greenlandic and Danish requirements, prepare execution-ready documents, and navigate sector-specific licensing and due diligence. It reduces the risk of delays and non-compliance.

Should I register for VAT in Greenland?

If you provide goods or services within Greenland or engage in taxable activities, VAT registration is usually necessary. Your advisor can confirm whether your operations trigger VAT obligations.

How do I transfer ownership of a Greenland company?

Share transfers require proper documentation, board or shareholder approvals, and updated registrations with the Greenlandic registrar. Tax considerations and licensing implications should be reviewed.

Is there a faster path to licensing for small ventures?

Some sectors offer streamlined processes for low-risk activities, but most regulated investments still require sector-specific permissions and due diligence. Early legal planning improves timelines significantly.

5. Additional Resources

• Danish Business Authority (Erhvervsstyrelsen) - Official guidance on company formation, governance, compliance, and business registration for Danish and Greenland-based entities. erhvervsstyrelsen.dk
• Danish Law Information (Retsinformation.dk) - Central repository for current statutes including the Danish Companies Act and the Greenland Self-Government Act, with official texts. retsinformation.dk
• Danish Tax Authority (Skat.dk) - Official guidance on corporate taxation, VAT, and related compliance for companies operating in Greenland under Danish law. skat.dk

6. Next Steps

1. Define your investment objective and choose the Greenland entity type (ApS vs A/S) based on capital needs and governance preferences. Allocate a 1-2 week planning window.
2. Map regulatory requirements for your sector (fishing, mining, energy) and identify the licensing authorities you will interact with in Greenland. Expect 2-4 weeks of initial scoping.
3. Engage a Greenland-licensed lawyer or a Danish- Greenland practice with local expertise to review structure, documents, and cross-border implications. Schedule a 1-2 hour kickoff to outline milestones.
4. Prepare incorporation and due diligence documents, including ownership structure, funding plans, and regulatory approvals. Allow 2-6 weeks for document readiness depending on complexity.
5. Submit registration, licensing, and tax registrations with the relevant Greenlandic and Danish authorities. Timelines vary by sector but plan for 4-8 weeks to obtain initial approvals.
6. Draft key governance and funding agreements, shareholder arrangements, and compliance programs with your counsel. Target finalization within 2-4 weeks after approvals start flowing.
7. Initiate ongoing compliance monitoring, reporting, and renewal of licenses and registrations. Build a 12-month plan with quarterly reviews to stay aligned with rule changes.