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from Part II - National reports for the EU Member States
Published online by Cambridge University Press: 05 June 2014
Implementation and scope
In Denmark, the rules set forth in the Second Company Law Directive are implemented by Act Number 322 of 4 November 2011 on Danish Public and Private Limited Companies (as amended) (“the Danish Companies Act”).
The scope of the Directive is limited to Danish aktieselskaber (“Public Limited Liability Companies”) (Art. 1(1) Dir.). Pursuant to the Danish Companies Act, however, certain Directive provisions also apply to anpartsselskaber (“Private Limited Liability Companies”). Together, in the Danish Companies Act, aktieselskaber and anpartsselskaber companies are referred to as kapitalselskaber (“Limited Liability Companies”).
Application of Danish law
Denmark applies the incorporation theory to determine the corporate law applicable to a Limited Liability Company. This means that the corporate law applicable to a Limited Liability Company is the law of the country in which the Limited Liability Company is registered. Thus, the applicable law to a Limited Liability Company registered in Denmark is Danish corporate law.
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