CreditHub: Denmark


APAC Factsheet - Denmark

Business Structure

Type Main Points Details Key Takeaways
Sole Proprietorship (Enkeltmandsvirksomhed)
  • Unincorporated business
  • Single owner
  • Owner responsible for debts
Often referred to as a sole trader, a sole proprietorship is an unincorporated business with just one owner who pays personal income tax on profits earned, hence any debts or losses incurred cannot be shared with other individuals. It is the cheapest and easiest business structure to establish with the individual legally responsible for all aspects of the business. Simple and cost-effective but with personal liability for debts.
Partnership (Interessentskab)
  • Two or more owners
  • Shares income and losses
A partnership is a formal arrangement between a group or association of two or more parties to manage a business and share its profits. A partnership is relatively inexpensive to set up and operate. All partners share income, losses, and control of the business. Cost-effective with shared control and responsibility.
Private Limited Company (Anpartselskab ApS)
  • Limited liability
  • Owned by shareholders
A Private Limited Company is owned by an NGO (non-government organisation) or a relatively small number of shareholders, and the sale of company shares is handled privately. An individual/owner is only responsible for the business's financial liabilities to the extent that they invested in the company. Limited liability with private ownership.
Joint Stock Limited Company (Aktieselskab A/S)
  • Minimum capital of DKK 500,000
  • Liability limited to company capital
A Joint Stock Limited Company requires a minimum capital of DKK 500,000, divided into shares. The company is owned by its investors, with liability limited to the capital invested. Each investor owns a share of the company based on the contributed investment. Limited liability with a requirement for substantial capital.

Data Sources

Topic Main Points Details Key Takeaways
Corporate Information
  • Danish Central Business Register
  • Danish Business Authority
  • Specialized Danish databases

Primary source: Danish Central Business Register (CVR)

Additional resources:

  • Danish Business Authority: Offers company information and annual reports
  • Proff.dk: Provides financial information and credit ratings for Danish companies
  • Bisnode Denmark: Offers comprehensive business information and risk assessment specific to Danish market
Use the Danish Central Business Register as the primary source, supplemented by specialized Danish business information providers for comprehensive corporate data.
Credit Checks
  • Financial information
  • Danish credit reporting agencies

Financial information is available through the Danish Central Business Register and specialized credit agencies.

Recommended Danish credit check services:

  • Experian Denmark: Offers detailed credit reports and risk scores for Danish businesses
  • Dun & Bradstreet Denmark: Provides comprehensive business credit reports and monitoring for Danish companies
  • Creditsafe Denmark: Offers real-time credit reports and monitoring services for Danish businesses
Utilize both the Danish Central Business Register and specialized Danish credit reporting agencies for comprehensive financial information and credit checks on Danish companies.
Judgment Search
  • Danish court records
  • Official Danish publications

For comprehensive judgment searches in Denmark, consider the following resources:

  • Domstol.dk: Official Danish court system website, offers access to some public court records
  • Statstidende: Official Danish gazette, publishes legal notices including some judgments
  • Retsinformation.dk: Official legal information system of Denmark, includes some court decisions

Note: Comprehensive judgment information may require direct contact with individual Danish courts or legal professionals specializing in Danish law.

Use a combination of official Danish legal resources for judgment searches. Be aware that comprehensive judgment information may require additional steps or professional assistance.

Contracting

Topic Main Points Details Key Takeaways
Required Documents Minimum Requirements
  • Copies of contracts, invoices, and clear statements of account
  • Complete contractual documentation for lawsuits
  • Documentation of all trading relationships
  • Notes and conversations between parties
  • Witnesses and reports for verbal negotiations
  • Ensure all relevant documentation is maintained
  • Prepare complete documentation for potential legal disputes
Contract Documentation
  • Contracts, orders, confirmations
  • Delivery notes and invoices
  • Proof of all aspects of trading relationships
  • Verbal agreements supported by reports and witnesses
Retention of Title Security for Sellers

When included in trade contracts, retention of title allows the seller to retain ownership over the goods supplied until certain contractually defined conditions are met, therefore providing the seller with a form of security against the buyer's default or insolvency. However, retention of title clauses are seldom utilised in Denmark.

Consider retention of title clauses, but note they are rarely used in Denmark.

Pre-Litigation

Topic Main Points Details Key Takeaways
Letter before Action Notice Contents
  • Creditor name and overview of the claim
  • Total claim amount, including penalties (interest)
  • Required payment method
  • Warning that the claim will be enforced through the enforcement authority if not settled by the required date
  • Information on how to dispute the claim
Mandatory notice before filing enforcement claims; include all relevant details.
Interest and Collection Costs Late Payment Interest

Interest of 8.2% (as of July 2014) is charged on late payments if no agreement exists between the parties. Interest accrues from the time proceedings commenced.

Include provisions for interest and collection costs in contracts.

Litigation

Topic Main Points Details Key Takeaways
Limitation Period General Rule

The standard limitation period is three years from the breach of contract and this applies to both contractual claims and claims in tort. The only exception to this would be a creditor's unawareness of settled, overdue debt values.

  • Act within three years for most claims
  • Check for specific exceptions
  • Be aware of methods to halt limitation periods
Ten-Year Limitation

Ten years under the Danish Limitation Act (Act 522/2007 on Limitation of Claims) for:

  • Salary demands
  • Some claims based on a specific legal basis (such as an overdraft on a bank account)
  • Claims under financial loans
  • Claims under deposits
  • Claims against guarantors whose guarantee was accepted for loans
Other Limitation Periods
  • One to two years under Maritime Law, depending on the nature of the claim
  • One year under the Convention on the Contract for the International Carriage of Goods by Road (CMR)
Halting Limitation Periods

Limitation periods may be halted through:

  • Filing of a statement of claim
  • Commencement of arbitration proceedings
  • An alternative agreement by the involved parties

Court Proceedings

Topic Main Points Details Key Takeaways
Court Structure
  • Supreme Court
  • High Courts
  • Specialized Courts
  • District Courts
  • Additional Bodies
  • The Supreme Court (Højesteret): civil and criminal appellate court
  • High Courts: Western Denmark (Vestre Landsret) and Eastern Denmark (Østre Landsret)
  • Specialized: Copenhagen Maritime and Commercial Court, Land Registration Court
  • 24 district courts (Byretten)
  • Additional bodies: Appeals Permission Board, Special Court of Indictment and Revision, Judicial Appointments Council, Court Administration
  • Hierarchical court system with specialized courts
  • Cases typically start in District Court
  • High Courts and specialized courts for complex or specific cases
Case Initiation
  • District Court as default
  • Exceptions for complex cases
  • Specialized court option

Cases are brought before the District Court (Byretten) irrespective of the size of the case. However, some cases may begin with the high courts subject to importance. Cases may also be brought to the Maritime and Commercial Court if expertise is required.

  • Most cases start in District Court
  • Complex cases may start in High Courts
  • Specialized courts available for specific expertise
Procedure Overview
  • Public hearings
  • Writ of summons
  • Court fees
  • Defense period

Court hearings are generally public unless there's a compelling reason for privacy. Proceedings begin with a writ of summons stating the claim, dispute details, legal arguments, and request for form of proceedings. Court fees are based on claim value, with additional fees at the final hearing. A judicial officer serves the writ to the debtor, who has two weeks to submit a defense.

  • Public hearings unless private hearing is justified
  • Writ of summons initiates proceedings
  • Court fees based on claim value
  • Two-week defense period for debtor
Legal Representation
  • Not mandatory
  • Recommended for complex cases

Legal representation is not mandatory in Danish courts. However, it is recommended, especially for complex cases or when significant amounts are at stake.

  • Legal representation optional but recommended
  • Consider complexity and value of case when deciding
Time Frame and Costs
  • Duration varies
  • Court fees
  • Lawyers' fees

Court procedures may take up to 12 months or longer, depending on case complexity. Court fees are determined by the claim value and are charged upon submission of the writ, with additional fees at the final hearing. Lawyers' fees and other costs depend on the claim amount and type of proceedings.

  • Expect proceedings to last up to 12 months or more
  • Budget for court fees and potential legal costs
  • Consider potential cost allocation based on case outcome

Enforcement of Court Judgments

Topic Main Points Details Key Takeaways
Enforcement Process Domestic and Overseas Judgments

Enforcement proceedings are handled by a bailiff's court and can only take place with a judgment or a written acknowledgement of the debt. The bailiff verifies the debtor's assets and may establish a payment plan.

The cost of enforcement depends on the size of the debt and includes a base fee of DKK 300 plus 0.5% of the amount above DKK 3,000, along with lawyers' fees. The process may take six to twelve months.

Ensure a valid judgment or acknowledgement before proceeding with enforcement; consider costs and timeframes.

Insolvency

Topic Main Points Details Key Takeaways
Insolvency Process General Information

Insolvency proceedings aim to settle the debts of creditors equally through the liquidation of the assets of the debtor company, or through collection of any income of any bankrupt sole traders.

There are four insolvency proceedings in Denmark:

  • Enforced dissolution
  • Reconstruction
  • Bankruptcy
  • Debt restructuring (personal liability)
  • Be aware of the four types of insolvency proceedings in Denmark
  • Act quickly to file claims once proceedings begin
  • Prepare to provide evidence to justify disputed claims
  • Understand that retention of title claims may be settled for original price
  • Be prepared for the possibility of insufficient assets for full repayment
  • Consider seeking legal advice to navigate the complex insolvency process
Initial Filing

After an insolvency filing, the preliminary liquidator is appointed to check whether there are sufficient assets to cover the costs of court proceedings. If so, the insolvency proceedings begin, and a liquidator will be appointed; usually this is the preliminary liquidator.

Otherwise, the court will reject the declaration of bankruptcy due to insufficient assets. At this point, creditors may lodge their claims and reclaim any assets protected under retention of title clauses. In some cases, the liquidator may opt to settle the original price to creditors rather than returning the product.

Claim Submission

Once proceedings begin, a deadline is provided by which all claims must be submitted. Any claims disputed by the liquidator must be pursued in court by a creditor whereby extra evidence may be required to justify the claim.

Proceedings Conclusion

At the end of the proceedings, all creditors with confirmed debts receive a dividend assuming a sufficient pool of assets within the estate. However, in most cases, there is not a sufficient value to be paid out.

Resources and Tools

Resource Type Name Description URL
Legal Information Retsinformation Official legal information system of Denmark, providing access to all Danish legislation, including consolidated acts, executive orders, and circulars. retsinformation.dk
Court System Danmarks Domstole Official website of the Danish Court Administration, offering information about the court system, procedures, and access to some public court records. domstol.dk
Business Registration Danish Business Authority Central resource for registering and managing businesses in Denmark, including access to the Central Business Register (CVR). erhvervsstyrelsen.dk
Insolvency Information Danish Bankruptcy Council Advisory body on bankruptcy and reconstruction matters, providing guidelines and recommendations on insolvency proceedings in Denmark. justitsministeriet.dk/konkursraadet

The information on this website is accurate to our knowledge as of January 2024.

The know-how stated is not intended to constitute a definitive or complete statement of the law, nor is it intended to constitute legal advice for any specific situation. We do not accept any responsibility for action taken as a result of information provided by on this website. It is your responsibility to take specific advice when dealing with specific situations. This website is intended as educational in nature and may not reflect all recent legal developments and may not apply to the facts and circumstances of individual transactions and cases.

Nothing on this website shall be construed or relied on as providing any legal representation, advice or opinion whatsoever on behalf of us or our staff.

RSS Denmark Latest Business News

Currency Exchange Rate Chart
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Source: alphavantage.co

Using the Chart

Candlestick Series

Represents the daily opening, highest, lowest, and closing prices of a currency pair. This visual tool is pivotal for identifying price patterns and potential market directions, providing insights into market sentiment and possible price movements.

SMA (Simple Moving Average)

Calculates the average price over a selected number of periods, smoothing out price volatility. Commonly set at 14 days for short-term trend analysis, it helps identify the direction of the market momentum.

EMA (Exponential Moving Average)

This average places a greater emphasis on recent prices, thus responding more quickly to price changes than the SMA. A 14-day EMA is often used for reactive trend analysis, making it invaluable for dynamic trading strategies.

Bollinger Bands

Features a central SMA line with upper and lower bands that adapt based on price volatility. These bands widen during periods of high volatility and contract when the market is stable. This indicator is key for spotting the turning points in price movements by identifying overbought and oversold conditions.

RSI (Relative Strength Index)

A momentum oscillator that measures the speed and change of price movements on a scale from 0 to 100. It is particularly useful for identifying the conditions where an asset is potentially overbought (>70) or oversold (<30), often preceding reversals.

MACD (Moving Average Convergence Divergence)

Demonstrates the relationship between two moving averages, offering signals about the strength, direction, and momentum of the market. Its line crossings can signal potential buy or sell opportunities, aiding in decision-making on entry and exit points.

Stochastic Oscillator

Measures the current price relative to its price range over a specific period. Readings above 80 indicate a potential overbought situation (suggesting a sell), and readings below 20 indicate a potential oversold situation (suggesting a buy).

General Guidance

Utilise these indicators in conjunction with each other to gain a comprehensive understanding of market conditions, potential price movements, and to inform your trading decisions. Always consider the broader market context and other fundamental economic indicators to enhance the accuracy of your trading strategy.

Denmark Economic Indicators
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Source: worldbank.org
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