Aktieselskab
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Aktieselskab (pronounced [ˈɑkɕəselˌskɛˀp]; abbr.: A/S, or a/s, Unicode U+214D ⅍ AKTIESELSKAB; literally meaning: "stock company") is the Danish name for a stock-based corporation.[1] An aktieselskab may be either publicly traded or private.[2]
Liability
The shareholders of an aktieselskab are not liable for the debts of the company.[3] This can be used to protect the assets of the company against creditors by forming a group of companies. If an A/S is owned by a holding company (typically another A/S), the profit from the production company can be transferred to the holding company. Since there is no liability for the owners of an A/S, creditors from the production company will not be able to claim the profit in case of bankruptcy.[2] Professional creditors, such as banks, protect themselves from this by demanding that the holding company guarantees the debts of the production company.[citation needed]
Formation of an aktieselskab
The formation of an aktieselskab requires a number of steps, including the following:[1]
- Notification concerning the formation to the Danish Business Authorities.
- Registration of the company.
- Resolution to form the company at the first general meeting.
- Subscription for shares and payment of the share capital. The share capital must be greater than 400,000 DKK.
- The signing of a memorandum of association which must contain a draft of the articles of association of the company.
An aktieselskab can only acquire rights or incur obligations as a company when it has been registered at the Danish Commerce and Companies Agency.[2]
The share capital registered at the Danish Commerce and Companies Agency must be at least 500,000 DKK.[2] The capital can come from contributions of cash or other assets.[3]
If half of the capital is lost the board of directors must convene a general meeting within six months.[3]
Board of directors
An aktieselskab must have a board of directors consisting of at least three members.[3] Members of the board can be elected for a period of up to four years depending on the articles of association.[3]
The board members are usually elected at the general meeting.[citation needed] The articles of association may confer upon public authorities or any third party the right to appoint one or more members of the board of directors.[3] In companies with an average workforce of over 35 employees during the last three years, the employees are entitled to elect among themselves a number of members of the board of directors equal to half the members of the board of directors elected by the shareholders or appointed by third parties.[4]
See also
- Aksjeselskap (the corresponding concept in Norway)
- Aktiebolag (the corresponding concept in Sweden)
- Aktiengesellschaft (the corresponding term in Germany)
- Akciová společnost (a.s.) (the corresponding concept in the Czech Republic)
- Anpartsselskab (another Danish type of corporation equivalent to a limited liability company)
- Limited liability company
- Naamloze Vennootschap (the corresponding concept in the Netherlands and Belgium)
- Osakeyhtiö (the corresponding concept in Finland)
- Public limited company (the corresponding concept in the UK and in Ireland)
- S. A. (the corresponding concept in France, Spain and other Romance countries)
- АД - Акционерно дружество, (AD - the corresponding concept in Bulgaria)
References
- ^ a b jpa (2015-06-03). "Aktieselskab". Startvækst (in Danish). Retrieved 2017-06-04.[permanent dead link]
- ^ a b c d "Erhvervsstyrelsens LovWeb - Login". Schultz Information. Retrieved 2017-06-04.
- ^ a b c d e f andgar@erst.dk (2014-11-17). "Selskaber". erhvervsstyrelsen.dk (in Danish). Retrieved 2017-06-04.
- ^ "Reglerne for selskabs- og koncernrepræsentation". Erhvervsstyrelsen (Danish Business Authority) - (In Danish). Retrieved 10 August 2022.
External links
- The Danish Public Companies Act - An English translation of the Danish aktieselskabslov.
- CS1 Danish-language sources (da)
- All articles with dead external links
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- Danish business law
- Types of business entity