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Liability of an ApS

The owners of a private limited company, or ApS, are not held personally, jointly, or severally liable for any company debts. This feature makes the ApS a popular form of company, as owners do not risk losing their personal assets to pay for company debts. The liability of ApS owners is limited to the amount they've each contributed to the company. Therefore, they are only at risk of losing what they have invested in the company.

If a private limited company owes money to a supplier, the supplier cannot seek payment from the personal assets of the owners. The supplier can only seek payment from the assets of the company itself, which means that all the assets owned by the company may be claimed by the supplier to pay off the debt. However, the personal assets of the owners are protected from being claimed by the supplier.

It should be noted that while the owners of a limited liability company in Denmark are protected from personal liability for the company’s debts, they may still be liable for other obligations. These obligations may include paying employee salaries, bills such as rent or debts to suppliers, compensating for employee work injuries, and compensating for injuries resulting from the company’s products or services.

Unlike an ApS, the owner of a sole proprietorship (EVS), partnership (I/S), or personally owned small business (PMV) assumes personal liability for any debts accrued by the company. This means that if the company incurs debts, the owner is obligated to pay them off using their personal assets, such as their car.

In the case of carrying out significant administrative procedures, due to the high risk of errors that may result in potential penalties or legal consequences, we recommend consulting an expert. If necessary, we encourage you to get in touch.

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