Corporate law is about the regulation of different types of companies.
Companies such as public limited liability companies (A / S), partnership companies (P/S), private limited liability companies (ApS), entrepreneurial companies (IVS) and limited partnerships (K/S) are characterized by limited liability so that their shareholders are not personally liable for liabilities within the company save in the rare events of piercing of the veil or of managerial liability. These company types are all governed by the Companies Act.
Corporate law also deals with the capital owners’ and management members’ and stakeholders’ relationship with the company and each other.
Further, corporate law deals with the formalization of a number of matters and its significance, including the importance of an ownership agreement and its relation to the articles of association.
The Danish Companies Act is the indispensable first source of law for the vast majority of company law issues.
In addition to this, there are other legislation, court decisions and decisions by the Danish Business Authority and the Danish Industrial Appeals Board.
Flemming Keller Hendriksen has worked with corporate law since 1992 and has written articles and books on directors’ tasks and liability and possesses a deep and profound insight into matters of corporate law.
We provide counseling on all matters of corporate law from foundation, which we always have a fixed price on, over to capital requirements, group relations / holding companies, to tax and structuring the business forms in the broad sense.
If we are to highlight examples from the simple to the more complicated, one can emphasize that in the founding phase, consideration should be given to auditing if the company is not subject to audit obligation. Many will benefit from reviewing their annual reports, others not, and we advise on this, and on the choice of corporate form, and the importance it has and can have. Names and trademarks are another example of choices that can be costly if you do not do your research and carefully consider.
On the second scale, larger group structures are the subject of much debate in many groups. Is there a need for many or few subsidiaries. Is there a need for separate liability and group subsidies or intra-group debt cancellation. Should companies be merged, or should a liquidation take place to clean up or make the model more simple. All this requires assessments from experienced professionals.
Together with the auditor, we collaborate in the organization of many restructurings. In this way, together we can create an overview of the economy, company law and tax and thereby create the commercially optimal solution to drive the companies further.
However, everyone can benefit from a corporate service inspection. We gladly attend introduction meetings and visit new business clients and create the basis for successful collaborations on optimizing the companies’ basic legal conditions.
Contact Flemming Keller Hendriksen at +45 70 90 90 60 for further information