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Svar: Fra IVS til APS, Kapital

Cookie - John Hannover — Thu, 07 Jan 2021 18:59:23 GMT

igorpav89:
If companys cash can be registered as capital by an auditor who charges 5.000 for his services, it is still cheaper than to pay the money out and inject it yourself as share capital if i am not wrong?

yes and no The companies money are yours as well - and in the end - it will be the same tax - once you close - but you can save cash in the meantime
Adding 40 t new money - brings the company a value of 40 t which is does not get from using its own cash - and that value is the owners - but liquidity often counts also - but meassured agaist that cost of the auditor

br John Hannover

Svar: Fra IVS til APS, Kapital

igorpav89 — Thu, 07 Jan 2021 16:54:46 GMT

It will not be a problem to hire an auditor, that was the plan from the beginning, yet just to know if it can be done with an auditor.

If companys cash can be registered as capital by an auditor who charges 5.000 for his services, it is still cheaper than to pay the money out and inject it yourself as share capital if i am not wrong?

Svar: Fra IVS til APS, Kapital

Cookie - John Hannover — Thu, 07 Jan 2021 16:49:30 GMT

igorpav89:
can company's cash be simply converted into a share capital, or does the company's cash needs to be paid out first, and then injected by the owner/shareholder as a share capital...

Both is possible. As I wrote - using the company own capital (not cash but free capital) requires an auditor declaration. If you will not pay for that, then you need to use own money to top up the original capital to 40.000 (eg if it was 1 kr - add 39.000 new capital) via general assembly and as it looks - copy from the bank of the transaction

Own money can be existing or you get them as salary after tax in the IVS (or from dividend - but that is much the same tax unless you pay top-tax, as the company will have paid 22% company tax first) - So to get eg 40.000 out - you will need a salary of about 66.000 from the company

br John Hannover

Svar: Fra IVS til APS, Kapital

Steffen Bering Jensen / www.multiregnskab.dk — Thu, 07 Jan 2021 16:46:46 GMT

Cash on the company bank account in itself will never be "enough" - it could be borrowed money, advance payments from customer or something else. The question is 'equity' (and certain elements of it).

Maybe it will be enough with an annual report as documentation for ivs->aps, but I am not sure that anybody can give you an answer at this point... hence the suggestion to put a note in your calendar and take a new look in a couple of months. Also, if your fiscal years ended 31.12.2020, then maybe best to wait with the annual report for a few months too.

/Steffen

Svar: Fra IVS til APS, Kapital

igorpav89 — Thu, 07 Jan 2021 16:38:49 GMT

I will defenitely wait for the new guidlines, but that leaves the question, which is, can company's cash be simply converted into a share capital, or does the company's cash needs to be paid out first, and then injected by the owner/shareholder as a share capital...

And this I am checking upon first because it is very expensive to hire an auditor for such thing, and I want to avoid hiring the auditor only to be told that even though a company has lots of cash, that cash cannot be used as capital, and then have do it over again.

Svar: Fra IVS til APS, Kapital

Cookie - John Hannover — Thu, 07 Jan 2021 16:38:31 GMT

igorpav89:

Hi.

The new law was passed and the deadline has been extended for IVS to be converted to the APS until November, and the rules have eased up the process.

My company has had a nice Decembar month, and as of January, there is around 100.000 kroner of cash on the company's bank account, as well as 150.000 worth of goods in company's storage, company has no public or private debt what so ever.

I am aware that there is a requirement that there has to be 40.000 of capital in the company in order to re-register, so my question is, how does the company's Cash, becomes the company's capital that is required for re-registration?

it can only do that via an auditor declaration and he will know how

Otherwise you will have to wait for the new law to come into force - and then add new capital your self - in addition to the original - so it reaches 40.000 in total. Using the companies result (not cash as such but the free capital - transferred results 31/12) or values can only be done via auditor declaration

br John Hannover

Svar: Fra IVS til APS, Kapital

Steffen Bering Jensen / www.multiregnskab.dk — Thu, 07 Jan 2021 16:19:58 GMT

In my opinion you should wait a couple of months, because the official guide has not been updated...

https://erhvervsstyrelsen.dk/vejledning-omregistrering-af-et-ivaerksaetterselskab-til-et-anpartsselskab

(Current version is 8. maj 2019)

Should be easier to find practical answers when Erhvervsstyrelsen have fully implemented the new law.

/Steffen

Fra IVS til APS, Kapital

igorpav89 — Thu, 07 Jan 2021 14:57:55 GMT

Hi.

The new law was passed and the deadline has been extended for IVS to be converted to the APS until November, and the rules have eased up the process.

My company has had a nice Decembar month, and as of January, there is around 100.000 kroner of cash on the company's bank account, as well as 150.000 worth of goods in company's storage, company has no public or private debt what so ever.

I am aware that there is a requirement that there has to be 40.000 of capital in the company in order to re-register, so my question is, how does the company's Cash, becomes the company's capital that is required for re-registration?