How to incorporate a new ApS in Denmark in 2026?
The ApS is a specific type of limited liability company in Denmark. As the owner of an ApS, you are not personally liable for the debts and obligations of the company. Here you can read more about incorporating a new ApS.
How to incorporate a new ApS in Denmark in 2026?
In this blog, we discuss how to incorporate a new ApS in Denmark in 2026.
The ApS is the most common type of limited liability company in Denmark.
As the owner of an ApS, you are not personally liable for the debts and obligations of the company.
Incorporating a new ApS
A new ApS is incorporated with the Danish Business Authority (“Erhvervsstyrelsen”).
To incorporate a new ApS, you must deposit a minimum of 20.000 DKK in share capital (a change in legislation lowered the minimum share capital requirement from 40.000 DKK to 20.000 DKK, effective from 27.2.2025, and this remains the requirement in 2026).
The share capital deposit can be made using a lawyer’s client bank account, a bank you choose, or an auditor.
The most common deposit is made using a lawyer’s client bank account.
This is because it is almost impossible to open a new bank account for a company without having incorporated the company yet.
And using an auditor will make the incorporation much more expensive.
We can assist you with the incorporation of your new ApS, and we include the service of using a lawyer’s client bank account to deposit the share capital.
Read more about what information we need to incorporate a new ApS
You can spend the deposited share capital only for company costs
The share capital deposited into the new ApS belongs to the ApS.
The owners (also called shareholders) can spend the share capital to pay for company costs, salaries, and dividends (however, dividends can only be distributed after the first fiscal year has ended).
Do not borrow money from the company if you are the sole shareholder
The Danish Companies Act was changed from 1 January 2025, and the previous company-law prohibition on shareholder loans (the old rules in sections 210-212 of the Companies Act) has been repealed. This means it is now, from a company-law perspective, legal for a company to lend money to its shareholders and management.
However, the tax rules have not changed. If you, as the main shareholder, borrow money from your own company, the amount is still taxed immediately as salary or dividends, regardless of whether the loan is later repaid.
So even though the company-law restriction is gone, we still strongly advise against borrowing money from your own company if you are the sole shareholder, since the tax consequences remain the same as before.
There is one relevant improvement from 2026: for loans granted on or after 1 January 2026, new rules make it possible to repay a shareholder loan and later withdraw the same amount again without triggering a new round of taxation, provided this happens through a special tax-tracking account set up for this purpose. This does not remove the initial taxation of the loan, and it does not apply to loans granted before 2026.
Read more about taxation of shareholder loans here
Management
An ApS can have one or multiple directors.
A shareholder can also be a director.
Directors can be either residents or non-residents of Denmark.
Shareholders
An ApS can have one or multiple shareholders.
Shareholders can be either residents or non-residents of Denmark.
Depositing the initial share capital in other means than cash
When incorporating a new ApS, you can either deposit the minimum required share capital of 20.000 DKK in cash, or you can make a non-cash deposit by depositing assets into the company.
Depositing cash is by far the easiest and quickest method of deposit, but you can also deposit assets like a car, goods, inventory, and so on.
The non-cash deposit process is more complicated and expensive.
First, you’ll need an auditor to audit the value of all the items you’d like to deposit into the company as share capital.
The auditor then makes a valuation of the total value of the non-cash deposit.
The auditor fee for this work is an additional cost when incorporating the business, and it can be quite expensive.
Often the auditor’s fee for this work is 5.000-15.000 DKK + VAT.
Also, it can be hard to find an auditor who is willing to do this type of audit, depending on the type of assets you have.
Therefore, we always recommend depositing the required share capital in cash.
Then, if you have some assets later that you want to deposit in the company, you sell these to the company and pay yourself from the share capital.
This is the easiest and cheapest method, not to mention the fastest.
Are you still not sure what company structure is best for you?
(This blog is updated last time: 22.7.2026)
FAQ
What is an ApS in Denmark?
An ApS, or "Anpartsselskab", is a type of limited liability company in Denmark where the owner is not personally liable for the company's debts and obligations.
How do you incorporate a new ApS in Denmark?
To incorporate an ApS, you must register with the Danish Business Authority and deposit a minimum of 20.000 DKK in share capital using a lawyer’s client bank account, a bank of your choice, or an auditor.
What is the minimum share capital required to incorporate an ApS?
As of 2026, the minimum required share capital to incorporate an ApS is 20.000 DKK.
Can the share capital be spent immediately after depositing?
Yes, the share capital can be spent on company costs, but dividends can only be distributed after the first fiscal year has ended.
Is it advisable for the sole shareholder to borrow money from the ApS?
No, it's not recommended as it could result in aggressive taxation, even though it's not technically illegal if done correctly.
Who can be a director in an ApS?
An ApS can have one or multiple directors, who can be residents or non-residents of Denmark. A shareholder can also be a director.
Can shareholders be non-residents of Denmark?
Yes, shareholders of an ApS can be either residents or non-residents of Denmark.
Is it possible to deposit share capital in forms other than cash?
Yes, it's possible to make a non-cash deposit by depositing assets into the company, though this process is more complicated and usually more expensive than depositing cash since it requires an auditors statement.
What is the recommended method for depositing initial share capital?
Depositing cash (a bank transfer to the lawyers bank account) is recommended as the easiest, quickest, and least expensive method compared to depositing assets.
What are the basic steps to incorporate an ApS in Denmark?
Basic steps include drafting articles of association, depositing share capital with a lawyer, obtaining a CVR-number from the Danish Business Authority, and registering the company for VAT and tax purposes.