Starting a business and start-up companies

NJORD Law Firm’s attorneys have vast experience in providing advice relating to company law. We advise on all aspects of starting a business, including choice of corporate form, drawing up of memorandum of association and articles of association, registration of the company, requirements for base capital, etc.

Whether it is a question of starting a business, a start-up company, the establishment of a subsidiary company, a holding company or something quite different, we can ensure that you make a strong start with the formation of your company and that the result matches your requirements and wishes.

Perhaps the most important choice to be made when starting a business is the choice of corporate form. Your choice may, for example, have an impact on how you can be held financially responsible and requirements for the management structure and capital contributions, but may also influence a number of accounting and tax requirements.

Generally, a distinction is made between partnerships and limited liability companies. These can be subdivided into companies with limited liability and businesses with personal liability.

Corporate forms with limited liability, limited liability companies:

• Entrepreneur company (‘IVS’)
• Private limited company (‘ApS’)
• Limited liability company (‘A/S’)
• Foundations

Corporate forms without limited liability, partnerships:

• Sole proprietorship
• Partnership (‘I/S’)
• Jointly owned shipping company
• Limited partnership (‘K/S’)
• Limited liability partnership (‘P/S’)

If you are in doubt as to which corporate form that suits you and your company, NJORD’s lawyers can assist you in deciding on the corporate form that best suits your start-up company.

If several business owners want to form a company, it may be necessary to regulate the internal ownership and management structure. This is done by a shareholders’ agreement in writing. A shareholders’ agreement creates peace and predictability between the owners if a dispute should arise.

A shareholders’ agreement outlines the owners’ internal affairs in the company and the relationship between the owners. A shareholders’ agreement may comprise, for example, a business plan, the financing of the company, intellectual property rights, the participants’ economic and personal obligations and rights, non-competition clauses, customers and confidentiality, and how to settle internal disputes. NJORD Law Firm has extensive experience in the drawing up of shareholders’ agreements and can help you customizing a shareholders’ agreement that both suits your company and complies with the requirements of the Danish Companies Act.

Sometimes, it may subsequently be advantageous to convert the corporate form. Different rules apply, depending on the corporate form in question. Thus, NJORD Law Firm recommends that you seek legal advice if you want to change the corporate form, including company structure. For example, in connection with the establishment abroad or business transfer, including succession and purchase and sale of a business.

At NJORD Law Firm, you can also receive advice on how to protect your trademarks, company name(s), patents, designs and copyright. We also provide assistance concerning the Danish Marketing Practices Act, including trade secrets, and the Danish Data Protection Act.

We also advise on, among other things: