The ownership structure of a limited liability company (ApS) comprises two types of owners – beneficial and legal owners.
Beneficial owners are individuals who control at least 25% of the shares or hold more than 25% of the voting rights. They may also have other powers, such as to nominate board members or veto decisions.
Legal owners can be companies or individuals who hold a minimum of 5% of the shares or voting rights.
The mandatory registration of both legal and beneficial owners with Erhvervsstyrelsen is driven by the need for transparency in the ownership structure. This helps to avoid financial crimes, such as tax fraud, and provides better control over the company’s activities. This enables regulators to more effectively supervise and enforce compliance with the rules on ownership structure and business conduct.
If the ApS has neither de facto nor legal owners, the company must declare this fact. Interestingly, the same person can be both the legal and beneficial owner. This can happen, for example, if you are the sole owner of the company.
