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Svar: What is the legal structure of ApS

Amva1929 — Thu, 14 Mar 2024 12:18:29 GMT

Thank you.

My supplier doesn't want to transfer money outside Danmark. I earn 100000 dk in revenue. May be the same white wash is stopping my supplier to transfer revenue to Revolut. Otherwise I could use Revolut with zero issues. (Snake trying to bite its own tail).

I had to get an advocate to make it possible every month. But he did it for 1 year and stopped it.

Now it's time I must pay taxes. Or they will declare me bankrupt. Bankrupt law section 17 (1) will come in force and destroy my business. Moreover they don't accept a reconstruction or payment plan in this critical situation.

SKAT, Gældstyrelsen cannot force banks for an account and not willing to accept for my payment plan. How irony is this?

AMVA1929

Svar: What is the legal structure of ApS

Cookie - John Hannover — Thu, 14 Mar 2024 11:33:03 GMT

Amva1929:

Thank you.

But the government (SKAT, Gældstyrelsen, erhvervsstyrelsen) has enormous power to declare company bankrupt in case of missing payments. They jump to conclusion with full force in bankrupt. Everyone turns blind eye for business account issues.

Blame is on the company for not paying taxes.

We everyone should pay taxes in Denmark but without bank account how is this possible? Its illogical. A company owner without a bank account is facing bankrupt issue can relate in this situation.

This is a fundamental flaw to not to provide a security in the law in regards with business account.

BR

AMVA1929

I cannot help here. It is not a law that banks shall issue company accounts - actually they are not allowed to, if they cannot feel sure to be able to fully whitewash control -

It is not a danish problem. All EU countries, and most others, will generally deny accounts to people not living in the country they want the account in

You are allowed to use a foreign bank if they will take you in, it does not have to be a danish so if your own countri issues one, it is fine a Swedish or African account just as well - just as you may use internetbanks like revolut

The suggestion for a compulsary business account fell as late as last year in the parlament

br John Hannover

Svar: What is the legal structure of ApS

Amva1929 — Thu, 14 Mar 2024 03:24:22 GMT

Thank you.

But the government (SKAT, Gældstyrelsen, erhvervsstyrelsen) has enormous power to declare company bankrupt in case of missing payments. They jump to conclusion with full force in bankrupt. Everyone turns blind eye for business account issues.

Blame is on the company for not paying taxes.

We everyone should pay taxes in Denmark but without bank account how is this possible? Its illogical. A company owner without a bank account is facing bankrupt issue can relate in this situation.

This is a fundamental flaw to not to provide a security in the law in regards with business account.

AMVA1929

Svar: What is the legal structure of ApS

Cookie - John Hannover — Wed, 13 Mar 2024 20:46:51 GMT

There is not ONE law, but primarily a company may only have its money on an account owned by the company - tax wise

There is NO way around a company account for an ApS

br John H

Svar: What is the legal structure of ApS

Amva1929 — Wed, 13 Mar 2024 20:16:27 GMT

Thank you.

In these two links i can see ApS structure and its functions.

Further research hasn't given me about tax payments and a bank account. Which law and section describing erhvervskonto here or some where else?

Because bank account is an important aspect of a company structure.

AMVA1929

Svar: What is the legal structure of ApS

Ravn — Wed, 13 Mar 2024 20:05:54 GMT

lov om anpartsselskaber https://www.retsinformation.dk/eli/lta/2002/10

lov om aktie- og anpartsselskaber (selskabsloven) https://www.retsinformation.dk/eli/lta/2015/1089

Svar: What is the legal structure of ApS

Amva1929 — Wed, 13 Mar 2024 17:28:48 GMT

Thank you.

Creation of a company, paying tax (A-skat, am bidrag, atp), insolvency are should be made some rules based upon laws and sections.

eg: Bankruptacy methods are mentioned in konkurslovens § 17 stk. 1.

So creation of ApS should be mentioned in some law and sections. I want to know which law applied in creating ApS.

AMVA1929

Svar: What is the legal structure of ApS

Cookie - John Hannover — Wed, 13 Mar 2024 16:59:45 GMT

Not sure what you are looking for. ApS is like an LTD more or less -

The investment capital of 40 t must be approved by an auditor,

You may never take out any money without tax at all,

You for that reason also need a dedicated bank account in the name and ownership of the ApS - That has to do with Tax laws and other laws as the ApS is a totally indendend legal intity - with full armslenght to the owner (law stuff enough for 100 pages so not includede here)

It is up to the bank to accept or reject you as a customer, no law forcing them - and as there is no law on that, it is hard to refer to a legal section

br John Hannover

What is the legal structure of ApS

Amva1929 — Wed, 13 Mar 2024 16:52:26 GMT

Hello all,

What is a structure of a company in Denmark. Especially what is ApS structure?

My opinion is a CVR number, concerned permissions from related authorities and a bank account with nemkonto are needed for a company.

Are there any legal sections stating this information.

AMVA1929