Best Investment & Business Structuring Lawyers in Herning
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Herning, Denmark
1. About Investment & Business Structuring Law in Herning, Denmark
Investment and business structuring law in Denmark governs how a business is formed, owned, and reorganized. In Herning, governance follows national Danish law, enforced through public authorities such as the Danish Business Authority and the tax agency. The framework emphasizes transparent governance, appropriate capital structures, and compliance with anti-money laundering rules. Local practitioners in Herning routinely assist with company formation, restructurings, and cross-border transactions within the European Union.
Key concepts you will encounter include company forms such as anpartsselskab (ApS) and aktieselskab (A/S), corporate governance requirements, and financial reporting obligations. The central business register (Det Centrale Virksomhedsregister, CVR) records all Danish companies and is accessible via the government gateway, Virk.dk, for registration and regulatory compliance. A lawyer in Herning can help tailor a structure to your business goals while ensuring compliance with Danish law.
For investors and business owners in Herning, structuring often involves decisions about liability, tax planning, financing, and ownership arrangements. A properly drafted shareholder agreement, Articles of Association, and board resolutions are essential to limit disputes and support growth. Recent reforms have emphasized stricter capital and governance requirements for certain company forms and enhanced due diligence for anti-money laundering purposes.
Recent developments you may care about include the phase-out of certain former business formats and the ongoing alignment with EU directives on transparency and AML compliance. This background helps explain why local counsel is valuable when planning a new venture or a reorganization in Herning. For direct access to official guidance, you can consult the Danish Business Authority and official registers described in the Resources section below.
Corporate income tax in Denmark stands at 22 percent for 2024, applying to most resident companies regardless of size. Source: Skat.dk.
For an ApS in Denmark, the minimum paid-in share capital is 40,000 Danish kroner, which must be available at formation. Source: retsinformation.dk.
In 2019 Denmark phased out the Iværksætterselskab (IVS) format; new registrations must be ApS or A/S, with existing IVS needing conversion or dissolution. Source: Erhvervsstyrelsen.
2. Why You May Need a Lawyer
In Herning, concrete scenarios commonly require legal counsel to prevent costly mistakes and align with Danish law. Below are real-world examples that illustrate when you should hire a lawyer for Investment & Business Structuring matters.
- Starting a local ApS to scale a manufacturing operation in Herning requires drafting Articles of Association, appointing directors, and ensuring paid-in capital meets the 40,000 DKK minimum. A lawyer helps you structure share classes and prepare the founder agreements to avoid later disputes.
- Converting a sole proprietorship to an ApS as the business grows to limit personal liability and improve access to credit. A lawyer can manage the transfer of assets, assign contracts, and file the correct forms with the CVR.
- Acquiring a Herning-based supplier or distributor involves due diligence, a share purchase agreement, and post-acquisition governance changes. Legal counsel reduces risk around representations, warranties, and liability allocation.
- Restructuring a family-owned business through a merger or intra-group reorganization with another local company. A lawyer coordinates board approvals, compliance with the Companies Act, and integration planning.
- Complying with anti-money laundering and beneficial owner requirements for a fast-growing business in Herning. A lawyer helps implement risk assessments, documentation, and ongoing reporting obligations.
- Cross-border investment within the EU where a Danish subsidiary engages in transfer pricing and intercompany transactions. A lawyer can structure the group for tax efficiency and ensure documentation meets Danish and EU standards.
3. Local Laws Overview
This section highlights two to three foundational laws and regulations that govern Investment & Business Structuring in Denmark, with a note on how they apply in Herning. The focus is on acts and rules you will encounter when forming, restructuring, or managing a Danish business.
Companies Act (Selskabsloven) governs the formation, management, and dissolution of Danish companies such as ApS and A/S. It covers capital requirements, governance structures, shareholder rights, and formalities for changes in ownership or structure. In Herning, these provisions apply equally to local enterprises registered in the CVR and reporting to Erhvervsstyrelsen. The act is published and updated on official channels such as retsinformation.dk and via Erhvervsstyrelsen guidance.
Anti-Money Laundering Act (Hvidvaskloven) implements EU directives to prevent money laundering and terrorist financing. It imposes duties to identify beneficial owners, conduct risk assessments, and report suspicious activity. Danish authorities expect documented procedures and ongoing compliance for businesses of all sizes operating in Herning. Guidance and updates appear on Skat.dk and the Danish Financial Supervisory framework.
Taxation and Corporate Tax Framework Denmark imposes corporate income tax on resident companies at 22 percent. Profits, deductions, and transfer pricing rules apply to Danish entities and cross-border groups. Businesses in Herning planning expansions or cross-border activities should consult Skat.dk for current rates, allowances, and filing requirements, as well as any changes to tax compliance for holding structures.
Notes on recent changes Denmark reformed certain business formats in 2019, phasing out Iværksætterselskab (IVS) in favor of ApS or A/S to promote stronger capitalization and governance. This change affects startup planning and capital structures for Herning-based ventures. See Erhvervsstyrelsen for official background on the IVS reform and current registration options.
4. Frequently Asked Questions
What is the difference between ApS and A/S in Denmark?
An ApS is a private limited company with limited liability and a lower minimum capital requirement, typically used by small to mid-sized businesses. An A/S is a public limited company suitable for larger enterprises and potential public investment, with greater reporting obligations. Both forms require governance and annual reporting.
How do I form an ApS in Herning and register with the CVR?
You prepare Articles of Association, appoint directors, and deposit the minimum capital. Then you file the formation documents with the CVR via Virk.dk and obtain necessary registrations such as VAT if applicable. Expect processing to take roughly 1-2 weeks after submission, subject to completeness.
Do I need a lawyer to set up a company in Denmark?
While not legally required, a Danish lawyer or corporate attorney helps ensure correct documents, ownership structures, and compliance with the Companies Act. A lawyer can also assist with cross-border considerations and complex shareholder agreements.
How long does it take to register a new Danish company?
Typical registration with CVR can take 5-15 business days depending on document completeness and checks. Fast-tracking may be possible if all information is prepared in advance. A lawyer can help optimize the submission package to avoid delays.
What is the minimum capital for an ApS and how must it be paid?
The ApS minimum paid-in capital is 40,000 DKK, which must be deposited before registration is completed. Capital can be contributed in cash or in-kind assets with proper valuation and documentation.
What are the main ongoing compliance requirements for a Danish company?
Annual reports, accounting records, and board decisions must be maintained. Danish entities must file tax returns, maintain proper books, and comply with AML obligations for beneficial owners and risk assessments.
Can a foreign investor own a Danish company?
Yes. Denmark allows foreign ownership subject to corporate law and tax rules. Depending on the sector and investments, more specific licensing or due diligence may apply. A local lawyer can guide you through ownership structures and cross-border arrangements.
Should I convert a sole proprietorship into an ApS?
Conversion limits personal liability and can improve access to financing. The process involves transferring assets and contracts to the new ApS and registering changes with the CVR, while preserving existing relationships and licenses.
How does transfer pricing affect cross-border groups in Denmark?
Transfer pricing rules require documentation of intercompany transactions and arm's length pricing. Danish tax authorities reference OECD guidelines and may request documentation during audits. A Danish tax advisor or corporate attorney can structure documentation and intercompany agreements.
Is a shareholder agreement advisable in a Danish company?
Yes. A shareholder agreement clarifies rights, vetoes, dividend policies, and dispute resolution. It helps prevent deadlock and aligns expectations among founders or investors in Herning.
What is the typical timeline for a merger between two Danish companies?
Merger timelines vary with complexity, but domestic mergers typically take several months from due diligence to registration of the merger plan. Complex cross-border mergers can extend longer due diligence, regulatory approvals, and integration tasks.
5. Additional Resources
- Erhvervsstyrelsen (Danish Business Authority) - National regulator for company law, business registrations, and supervision. Provides guidance on company formation, governance, and compliance. https://erhvervsstyrelsen.dk
- Virk.dk - Official gateway for business registration, CVR, VAT, and regulatory procedures. Access step-by-step forms and guidance for setting up and running a Danish company. https://virk.dk
- Skat.dk - Danish Tax Agency site with information on corporate tax, VAT, and transfer pricing. Useful for planning tax implications of structuring and cross-border transactions. https://skat.dk
6. Next Steps
- Define your objectives and select a target structure (ApS, A/S, or other) based on liability, capital needs, and growth plans. Timeline: 1-2 days for initial decisions.
- Gather documentation and financial projections including identity documents, desired share capital, and ownership structure. Timeline: 1 week to assemble materials.
- Consult a local Investment & Business Structuring lawyer in Herning to review the plan, draft Articles of Association, and prepare shareholder agreements. Timeline: 1-3 weeks depending on complexity.
- Register with the CVR and set up necessary registrations (VAT, tax, AML controls) via Virk.dk. Timeline: 1-2 weeks after documents are ready.
- Implement governance and compliance frameworks including AML procedures, reporting schedules, and accounting policies. Timeline: 2-4 weeks for initial setup; ongoing thereafter.
- Finalize post-registration steps and investor communications by preparing board resolutions, employment agreements, and any equity plans. Timeline: 1-3 weeks after registration.
- Review periodically with your legal counsel to adapt to changes in Danish law and regulatory expectations. Timeline: ongoing, with semi-annual reviews recommended.
Lawzana helps you find the best lawyers and law firms in Herning through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Investment & Business Structuring, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Herning, Denmark — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.