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Takeover IVS from wife - best possible way?

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Amino-karma 144
Tilmeldt 6. maj 13
Indlæg ialt: 37


Skrevet 14-11-2017 kl. 20:41

Hello all,

Kindly help on this.

My friends wife started an IVS. She cannot continue anymore. There are 20,000Kr in IVS bank account. Wife does not care about getting that money.

There are no real owners (reel ejer) registered as yet on virk.dk.

Questions are:

Is it possible to take over the ownership without paying to wife legally?

Is it a requirement to fill in the ownership taje over document, signed by both and then update the new owner on virk.dk? Or this ownership can be updated without the legal signed document and will be considered legal / valid all times?

Is it better to register a new company by my friend from scratch and then transfer assets to the new company?

Please any cheap effective advise would be helpful as her visa expires in a few weeks.

Thank you!




Amino-karma 144
Tilmeldt 6. maj 13
Indlæg ialt: 37

iffi
Skrevet 14-11-2017 kl. 23:34

Just came to know that the IVS is owned by a holding IVS.

So if my friend just buys the holding IVS, does that means he owns both (he ->owns hoding ivs -> own operting Ivs) - Correct?

Would it be better to register a new holding company and then buy the operating company from his wife?

Amino-karma 152.894
Fra 2800 Lyngby
Tilmeldt 2. mar 11
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Cookie - John Hannover
Fra John Hannover
Skrevet 15-11-2017 kl. 00:06

Only way to buy a company like IVS is to agree with the owner of the shares to buy them and the owner declares profit og loss to tax-  -No other way  - If you buy a holding you have both that and all 100% owned daughters, but there may be limitations as to - free price if is is sold between close partiers - or tax may interfere


regarding trasfrerral of assets +++  - you need to go to a proff for advice or you will end up in a bad situation

vh John Hannover

Amino-karma 144
Tilmeldt 6. maj 13
Indlæg ialt: 37

iffi
Skrevet 15-11-2017 kl. 00:30

Thank you John :-) I was hoping the answer / sugestion from you. Thanks.

I think it is better to have a writen agreement, then buy the holding IVS for lets say around 20,000DKKR and the previous owner report prof & loss to the SKAT.

Does Virk.dk requires signed agreement to upload before changing owners?

Can bank refuse to continue with the new owner and close the bank account of the companies?

Amino-karma 535
Tilmeldt 14. aug 15
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Henrik Koudahl
Skrevet 15-11-2017 kl. 01:46

Ikke helt enig John. Spørgsmålet er om ikke betingelserne for ægtefællers succession er tilstede her. Altså i princippet en vederlagsfri overdragelse mod at den modtagende ægtefælle indtræder i de oprindelige anskaffelsespriser.

Amino-karma 535
Tilmeldt 14. aug 15
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Henrik Koudahl
Skrevet 15-11-2017 kl. 08:26

Okay har lige nærlæst tråden og bemærkningen om visaudløb gør det ikke til en mulighed.....

Amino-karma 144
Tilmeldt 6. maj 13
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iffi
Skrevet 15-11-2017 kl. 11:36

Henrik, thanks.
Could not quite understand what you meant. Is it possible to buy the company in original price?

It is written in the company Articles of Association that shares can be bought on original price.

Amino-karma 152.894
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Tilmeldt 2. mar 11
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Cookie - John Hannover
Fra John Hannover
Skrevet 15-11-2017 kl. 15:40

Regarding price I cannot say much other than if you dealing with closely related parites here and she appears to be leaving DK (visa expire) then I would think the price has to reflect the real value

Virk.dk does not require the deal in writing - and seller must just declare profit/loss correctly - and you must have the owner register book correct at the company address + legal and actual (reele) owners correctly registered and if you buy both the holding and the daughter company make sure that both are covered by compulsory work-damage insurance and check if any things needs changing in the article of associations which must then together with a general assembly be registered and uploaded to virk.dk 

Yes the bank can close the account generally at all time if the are not happy with the owner or have other issues

br John H

Amino-karma 535
Tilmeldt 14. aug 15
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Henrik Koudahl
Skrevet 15-11-2017 kl. 17:49

Are the wife unlimited tax liability
in Denmark at the moment. If yes, then there is the possibility of succession. This means that shares can be transferred without payment.

Another option could be to investigate the possibility of giving the shares as a gift.

Amino-karma 152.894
Fra 2800 Lyngby
Tilmeldt 2. mar 11
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Cookie - John Hannover
Fra John Hannover
Skrevet 15-11-2017 kl. 18:07

Henrik Koudahl:

Are the wife unlimited tax liability
in Denmark at the moment. If yes, then there is the possibility of succession. This means that shares can be transferred without payment.

Another option could be to investigate the possibility of giving the shares as a gift.

Is it not actually a FRIENDS Wife we are talking about here - and as I read it, not the husbond but the wife of a friend actually - in which case there may not be any problems with the price which can be set as they agree just - but not a succesion then - If they are not related and she actually wants to sell for 1 kr - in spite of maybe a higher value and anyway 20.000 in the bank - then she can do it as i see it?

iffi:
My friends wife started an IVS. She cannot continue anymore. There are 20,000Kr in IVS bank account. Wife does not care about getting that money. 

Questions are:

Is it possible to take over the ownership without paying to wife legally?

Side 1 ud af 2 (11 indlæg) 1 2 Næste >

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