Denmark


The Danes were first documented in written sources around 500 AD. Later, Danes took part in Viking raids which brought success and let the Dutch King control several countries at the same time, such as England and Norway. Denmark was long in disputes with Sweden over control of Skånelandene (Scanian War) and Norway, and in disputes with the Hanseatic League over the duchies of Schleswig (a Danish fief) and Holstein (a German fief). Eventually, Denmark lost the conflicts and ended up ceding first Skåneland to Sweden and later Schleswig-Holstein to the German Empire. After the eventual cession of Norway in 1814, Denmark retained control of the old Norwegian colonies of the Faroe Islands, Greenland and Iceland. During the 20th century Iceland gained independence, Greenland and the Faroese became integral parts of the Kingdom of Denmark and North Schleswig reunited with Denmark in 1920 after a referendum. During World War II Denmark was occupied by Nazi Germany and liberated in 1945, after which it joined the United Nations. It joined NATO in 1949 and the EEC (now the EU) in 1973.

Service packages

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Service item Express Standard Optimum
Company registration
Legal address per year
Secretarial services for the first year
Fees and duties for the first year
Apostilled bound set of incorporation documents
Compliance fee
Nominee service per year
Bank Account Pre-approval
Price

17 200 USD

17 200 USD

17 700 USD

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Core Services

17 200 USD

— Incorporation

including incorporation tax, state registry fee, including Compliance fee

Included

— Annual government fees

Stamp Duty and Danish Business Authority incorporation fee

6 200 USD

— Corporate legal services

including registered address and registered agent, NOT including Compliance fee

150 USD

—Delivery of documents by courier mail

DHL or TNT, at cost of a Courier Service

500 USD

— Apostilled set of Statutory documents

Optional services

Nominee Director

Paid-up “nominee director” set includes the following documents

Nominee Shareholder

Paid-up “nominee shareholder” set includes the following documents

Related services

Tax Certificate

Company’s tax residence certificate for access to double tax treaties network

Certificate of Good Standing

Document issued by a state agency in some countries (Registrar of companies) to confirm a current status of a body corporate. A company with such certificate is proved to be active and operating.

Compliance fee

Compliance fee is payable in the cases of: renewal of a company, liquidation of a company, transfer out of a company, issue of a power of attorney to a new attorney, change of director / shareholder / BO (except the change to a nominee director / shareholder)

250 USD

Basic

simple company structure with only 1 physical person

50 USD

For legal entity in structure under GSL administration

additional compliance fee for legal entity in structure under GSL administration (per 1 entity)

100 USD

For legal entity in structure not under GSL administration

additional compliance fee for legal entity in structure NOT under GSL administration (per 1 entity)

250 USD

For client with high risk Status

Cost of incorporation, including first year servicing 17200
Cost of annual service, starting from the second year 6200
Open account in 26780
Incorporation timescale for a turnkey company 5 days
Country 26752

General information shortly

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Total area Population Capital Unemployment Corruption perceptions index rank
43.094 sq. km 5.627.235 (2014) Copenhagen 7.1% (2013) 1 (2013)
Location Northern Europe
National currency Danish krone
Conditional reduction of currency DKK
Against USD 5.89
Climate, average max and min t° Temperate; humid and overcast; mild, windy winters and cool summers; avg. maximum temperature (July) +26°; avg. minimum temperature (January) +8°
Time difference from Moscow - 2 hours
Dialing code +45
State language Danish
Ethnic groups Danish (89.6%) and immigrants (10.4%)
Literacy rate 99%
Credit rating AAA
Government type Constitutional monarchy
Executive branch Prime Minister and his Cabinet
Legislative branch unicameral Parliament Folketing (179 members)
Judicial branch Supreme Court, 2 land courts and local courts
GDP per capita rank 6 (2013)

Corporate info

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Shelf companies permitted Legal system Incorporation timescale for a turnkey company Cyrillic alphabet permitted in company name Local registered office
Yes civil law 5 days No No
Types of entity private limited company (anpartsselskab, aps); public limited company (aktieselskab, a/s); general partnership (interessentskab, i/s); limited partnership (kommanditselskab, k/s); sole proprietorship; branch office
Incorporation timescale for a new company 1 day
Company suffix Anpartsselska or ApS
Sensitive words Bank, Building Society, Savings, Loans, Insurance, Assurance, Reinsurance, Fund Management, Investment Fund, Trust, Trustees, Chamber of Commerce, Co-operation, Council, Municipal
Local registered agent Yes
Information to be kept at the registered office register of shareholders
Seal required, type of seal not required
Redomiciliation (to, from) permitted not permitted

Director and secretary

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Minimum number of directors Residency requirements for directors Corporate directors permitted Disclosure to local agent Disclosure to public
1 No Yes Yes Yes
Directors’ meetings/frequency/location No requirements
Company secretary required No
Residency requirements for a secretary No
Qualified secretary required No
Corporate secretary permitted No

Shareholder and beneficiary

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Minimum number of shareholders Residency requirements for shareholders Corporate shareholder permitted Disclosure to local agent Disclosure to public
1 No Yes Yes Yes
Meetings/frequency/location Yes / annually / no requirements
Beneficiary info disclosure to No

Shares and share capital

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Minimum authorized share capital Minimum issued share capital Minimum paid share capital Authorized capital payment deadlines Bearer shares permitted
80000 80000 80000 Before registration Yes
Issued capital payment deadlines Before registration
Standard currency Danish krone
Standard authorized share capital 80000
Standard par value of shares 100
Shares with no par value permitted Yes

Taxes

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Min. rate for corporate tax Capital gains tax VAT Withholding tax Exchange control
22% Regular rate 25% 22%/22%/22% No
Personal tax ~36-51%
Corporate tax (in detail) Income tax is paid at a rate of 22%. Some industries apply different rates.
Capital gains tax. Details Capital gains are included in the total tax base.
VAT. Details The standard VAT rate is 25%.
Other taxes real property tax, inheritance tax, social security contribution
Stamp duty 0.6%

Accounts

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Requirement to file accounts Publicly accessible accounts Audit required Requirement to file Annual Return Publicly accessible Annual Return
Yes No No No No
Requirement to prepare accounts Yes
Double tax treaties network 72
Tax Exchange Information Agreement network 53
OECD member Yes
Offshore/onshore status according to the RF laws No

GENERAL INFORMATION

General

Denmark is a Nordic country in Northern Europe, located southwest of Sweden and south of Norway, and bordered to the south by Germany. The Kingdom of Denmark comprises Denmark and two autonomous constituent countries in the North Atlantic Ocean, the Faroe Islands and Greenland.
Total area of Denmark is 43.094 sq. km. Population of Denmark is 5.627.235 (2014). Ethnic groups include Danish (89.6%) and immigrants (10.4%).
The capital of Denmark is Copenhagen.
The official languages of Denmark is Danish.
The official currency is Danish Krone (DKK). 1 USD is equal to 5.89 DKK.
The climate of Denmark is temperate; humid and overcast; mild, windy winters and cool summers; avg. maximum temperature (July) +26°C; avg. minimum temperature (January) +8°C.
Time difference with Moscow is - 2 hours.
Literacy rate is 99%.
Calling code of Denmark is +45.

History

The Danes were first documented in written sources around 500 AD. Later, Danes took part in Viking raids which brought success and let the Dutch King control several countries at the same time, such as England and Norway. Denmark was long in disputes with Sweden over control of Skånelandene (Scanian War) and Norway, and in disputes with the Hanseatic League over the duchies of Schleswig (a Danish fief) and Holstein (a German fief). Eventually, Denmark lost the conflicts and ended up ceding first Skåneland to Sweden and later Schleswig-Holstein to the German Empire. After the eventual cession of Norway in 1814, Denmark retained control of the old Norwegian colonies of the Faroe Islands, Greenland and Iceland. During the 20th century Iceland gained independence, Greenland and the Faroese became integral parts of the Kingdom of Denmark and North Schleswig reunited with Denmark in 1920 after a referendum. During World War II Denmark was occupied by Nazi Germany and liberated in 1945, after which it joined the United Nations. It joined NATO in 1949 and the EEC (now the EU) in 1973.

Government Type

Denmark is a constitutional monarchy.
The head of state is the monarch (King or Queen). The monarch officially retains executive power and presides over the Council of State (privy council). However, following the introduction of a parliamentary system of government, the duties of the monarch have since become strictly representative and ceremonial, such as the formal appointment and dismissal of the Prime Minister and other ministers in the executive government. The monarch is not answerable for his or her actions, and the monarch's person is sacrosanct.
Executive power is exercised on behalf of the monarch by the Prime Minister and other cabinet ministers, who head ministries. The position of Prime Minister is allocated to the member of parliament who can obtain the confidence of a majority in the Folketing; this is usually the current leader of the largest political party or, more effectively, through a coalition of parties.
Legislative power is vested in the unicameral Parliament Folketing. Membership of the Folketing is based on proportional representation of political parties. Danes elect 175 members to the Folketing, with Greenland and the Faroe Islands electing an additional two members each. Parliamentary elections are held at least every four years. On a vote of no confidence, the Folketing may force a single minister or the entire government to resign.
Judiciary power: the Kingdom of Denmark does not have a single unified judicial system – Denmark has one system, Greenland another, and the Faroe Islands a third. However, decisions by the highest courts in Greenland and the Faroe Islands may be appealed to the Danish High Courts. The Danish Supreme Court is the highest civil and criminal court responsible for the administration of justice in the Kingdom.

Economy

Denmark has a modern, prosperous and developed mixed economy. Denmark's economy stands out as one of the most free in the Index of Economic Freedom and the Economic Freedom of the World. Denmark is one of the most competitive economies in the world according to World Economic Forum 2008 report. The country also ranks highest in the world for workers' rights. Denmark has the world's lowest level of income inequality, according to the World Bank Gini (percentage), and the world's highest minimum wage, according to the IMF.
The World Bank ranks Denmark as the easiest place in Europe to do business. Establishing a business can be done in a matter of hours and at very low costs. Denmark has a competitive company tax rate of 25% and a special time-limited tax regime for expatriates. The Danish taxation system is broad based, with a 25% VAT, in addition to excise taxes, income taxes and other fees. The overall level of taxation (sum of all taxes, as a percentage of GDP) is estimated to be 46% in 2011.
Once a predominantly agricultural country on account of its arable landscape, since 1945 Denmark has greatly expanded its industrial base so that by 2006 industry contributed about 25% of GDP and agriculture less than 2%.
Denmark is part of the Schengen Area and the EU single market, although it has opted out of the Eurozone.
As of 2011, Denmark has the 10th highest export per capita in the world. Denmark's main exports are:

  • industrial production/manufactured goods 73.3% (of which machinery and instruments were 21.4%, and fuels (oil, natural gas), chemicals, etc. 26%);
  • agricultural products and others for consumption 18.7%.

Denmark is a net exporter of food and energy.

CORPORATE INFORMATION

Legal System

Danish legal system is based on civil law and provides for judicial review of legislative acts. Denmark accepts compulsory International Court of Justice jurisdiction with reservations.

Types of Entity

The principal forms of business organization in Denmark are:
  • Private limited company (Anpartsselskab, ApS);
  • Public limited company (Aktieselskab, A/S);
  • General Partnership (Interessentskab, I/S);
  • Limited Partnership (Kommanditselskab, K/S);
  • Sole Proprietorship;
  • Branch Office.

The most common structure is the private limited company (Anpartsselskab, ApS).

INCORPORATION

Company Name

  • The company must have a name ending with a suffix ‘ApS’.
  • Company names may be expressed in any language using the Latin alphabet if the Commerce and Companies Agency is in receipt of a Danish or English translation. Names in Cyrillic alphabet are not allowed.
  • The Commerce and Companies Agency can decline any name it considers undesirable or any name that is identical or similar to an existing company’s name, or implies illegal activity or royal or government patronage.
  • The following names, their derivatives or foreign language equivalents require consent or a licence: “Bank”, “Building Society”, “Savings”, “Loans”, “Insurance”, “Assurance”, “Reinsurance”, “Fund Management”, “Investment Fund”, “Trust”, “Trustees”, “Chamber of Commerce”, “Co-operation”, “Council”, “Municipal”, as well as any other names that may suggest association with the banking or insurance business.

Danish ApS Registration

To incorporate an ApS in Denmark the following steps are required:

  1. Obtain a NemID signature: The NemID can be obtained online on www.nemid.nu. The new NemID was launched in July 2010 as an improvement on the previous Digital Signature.
  2. Deposit startup capital at a bank : A private limited company (ApS) must have a startup capital of at least DKK 80,000.00. An amount equal to 25% of the share capital, but not less than DKK 80,000.00, must be paid up at all.
  3. Register the company with the Danish Business Authority (DBA) Webreg system: The DBA provides to limited liability companies, a one-stop centralized service for business and tax registrations. The website www.webreg.dk captures new and updated company information and it is connected to a database that automatically validates the input data. The registration form may be completed and submitted electronically with the Memorandum of Association and the Articles of Association. The entire process takes place online, without the involvement of any agency official. For online registration, the registration is immediate. To secure payment of the startup capital, lawyers, accountants or bank employees may log on to the Capital Information page on www.webreg.dk and confirm the type and amount of capital by using their NemID (digital signature). On completion of the registration process, the client receives a registration receipt by email, stating a unique business identification number (CVR) and confirmation that the registration is visible at www.cvr.dk, where the National Gazette is published electronically.
  4. Register employees with workmen's insurance: Employees must be insured against industrial accidents and occupational illnesses. The chosen insurance company must complete a form and register the insurance policy with the DBA. If the new business has a car, motor insurance must also be purchased. More information on insurance companies can be found at www.forsikringogpension.dk.

It takes about 5 days to startup a new company in Denmark.

Local Registered Office

Danish ApS must maintain a registered office address within Denmark and keep at that address the register of shareholders.

Seal

There are no mandatory requirements regarding the company seal.

Redomicile

The redomiciliation of companies either to or from Denmark is not permitted.

COMPANY STRUCTURE

Directors

A private limited company is required to have a minimum of one director who may act either as a managing director or a sole member of the board of directors (or both). Such director may be of any residence or nationality, a natural person or a legal entity.
Director’s details are disclosed to the local agent and appear on the public file.
There are no restrictions on how often or where directors’ meetings should be held.

Secretary

Danish companies are not required to appoint a company secretary.

Shareholders

ApS may have one or more shareholders, individuals or corporations of any nationality or residence.
Shareholders’ details are disclosed to the local agent and appear on the public file.
General meetings are to be held either in Denmark or abroad annually. By unanimous decision, the shareholders of a company may agree to waive the formal requirements of the Companies Act and the company’s articles of association applicable to general meetings and sign a written resolution.
A company may also elect to introduce electronic communication between the company and its shareholders, e.g. by convening general meetings by e-mail.

Beneficiary

Beneficiaries’ details do not appear on a public profile. The identity of the beneficial owner of a Danish company is treated as strictly confidential and must be disclosed as part of the obligatory due diligence to service providers including firms specializing in company formation, trust managers, lawyers, and accountants, as well as to the auditor. It can only be disclosed by them in the cases stipulated by law and following statutory procedure.

Share Capital and Shares

The share capital of a private limited company can be nominated in DKK or EUR (or another currency if permission to use another currency has been obtained).
The minimum authorized and issued share capital of DKK 80,000 An amount equal to 25% of the share capital, but not less than DKK 80,000.00, must be paid up at all.
Usually the share capital is DKK 80,000 and the standard par value of shares is DKK 100.
Bearer shares or shares with no par value are permitted.

Public Records

The company registration system is now fully computerised and a fair amount of information is, upon payment of a fee, available online to any interested party. This information includes:

  • summary extracts of the full list of board members, managers, auditors,
  • rules of signature,
  • financial year, and
  • the filing date of the latest annual report.

Copies of annual reports are also available online whereas copies of articles of associations, minutes of general meetings etc. may be available by ordinary mail within a few days (or by fax the same day on payment of an additional fee).

TAXATION

Individual Taxation

Residents pay income tax on their worldwide income, while non-residents on income from Danish sources.
Individuals are subject to national income tax, municipal tax, labour market tax, and church tax (for members of the Danish Lutheran Church). The tax rates are given below.
Income tax at the national level:
  • 12.11% on income up to DKK 544,800
  • 15% on income over DKK 544,800
Municipal tax is levied at an average rate of about 25%.
Labour market tax is levied at the rate of 8%.
Tax on dividend income and gains from the sale of shares is charged at the rate of 27% on the income up to DKK 56,500 and at the rate of 42% on the income above this threshold.
There are special tax regimes, in particular for foreign workers and scientists.

Corporate Income Tax

Danish companies pay corporate income tax on their worldwide income, however, profits of foreign permanent establishments and income from overseas real estate are not subject to Danish corporate tax.
Non-resident companies pay corporate income tax on the income from sources in Denmark.
Corporate income tax is paid at the rate of 22%. Some industries apply different rates.
Capital gains are included in the general tax base.
Profits from the sale of shares and dividends are not taxed subject to certain conditions. For example, tax is not paid if: the holding in a foreign company is at least 10%, this foreign company pays corporate income tax in the country of its residence, and such country has a tax information exchange agreement with Denmark.

Social Security Contributions

Social security contributions are not set as a percentage of employment income, but as a fixed amount in DKK. Main contributions include:
For the employee: Pension Contribution (ATP) of about EUR 150 per year
For the employer:
  • Pension contribution (ATP) – about EUR 300 per year
  • Maternity fund contribution – about EUR 150 per year
  • Occupational injury insurance – about EUR 670 per year on average
  • Other social security contributions – estimated around EUR 700 per year
Employers also pay some other contributions.

VAT

VAT is charged at the rate of 25%.
There are VAT exempt supplies.

Withholding Tax

Withholding tax rate for dividends is generally 22%, in some cases – 15% (27% is withheld, and the difference can be reclaimed).
A 22% tax is withheld on interest payments. However, that tax may disapply (with some exemptions) if the lender is resident in the EU or a country that has a double tax treaty with Denmark.
Tax on royalties is withheld at the rate of 22%.
The tax may be withheld on certain other income payments.
Withholding tax may be reduced under double tax treaties or EU directives.

Property Tax

Owners of non-residential property pay land tax at rates from 1.6% to 3.4% set by municipalities. Municipalities can also levy tax on certain non-residential properties at the rate of up to 1% on the value of the property less the value of the land.

Stamp Duty

Stamp duty is payable on certain documents. In particular, stamp duty in real estate transactions is charged at the rate of 0.6% plus DKK 1,660.
There is no stamp duty on the transfer of shares.

Inheritance and Gift Tax

The rate of inheritance tax is 15% for immediate family members; an additional tax is charged for inheritance by more distant relatives. The surviving spouse is not taxed. There is a non-taxable threshold.
Gifts minus a non-taxable threshold are taxed at 15% rate if made between immediate family members and at a higher rate if made to certain other relatives. Gifts between non-relatives are subject to income tax.

CFC Rules

A foreign company is considered a controlled one if:
  • a Danish company, directly or indirectly, individually or jointly with related parties, holds more than 50% of the capital or voting rights in that company,
  • more than half of the company’s taxable profit is income such as interest, royalties, capital gains, etc., and
  • that income is generated by more than 10% of the company's assets.
The CFC rules are being revised.

Double Tax Agreements

Denmark has exchange of information relationships with 124 jurisdictions through:
  • 72 DTC: zerbaijan, Argentina, Armenia, Australia, Austria, Bangladesh, Belarus, Belgium, Brazil, Bulgaria, Canada, Chile, China, Chinese Taipei, Croatia, Cyprus, Czech Republic, Egypt, Estonia, Former Yugoslav Republic of Macedonia, Georgia, Germany, Ghana, Greece, Hungary, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kazakhstan, Kenya, Korea (Republic of), Kuwait, Kyrgyzstan, Latvia, Lithuania, Malaysia, Malta, Mexico, Montenegro, Morocco, Netherlands, New Zealand, Pakistan, Philippines, Poland, Portugal, Romania, Russian Federation, Serbia, Singapore, Slovakia, Slovenia, South Africa, Sri Lanka, Switzerland, Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Kingdom, United States, Venezuela, Viet nam, Zambia.
  • 52 TIEA: Andorra, Anguilla, Antigua and Barbuda, Aruba, Bahamas, Bahrain, Barbados, Belize, Bermuda, Botswana, Brunei Darussalam, Cayman Islands, Cook Islands, Costa Rica, Curaçao, Dominica, Faroe Islands, Finland, Gibraltar, Greenland, Grenada, Guatemala, Guernsey, Hong Kong, Iceland, Isle of Man, Jamaica, Jersey, Liberia, Liechtenstein, Luxembourg, Macao (China), Marshall Islands, Mauritius, Monaco, Montserrat, Niue, Norway, Panama, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Seychelles, Sint Maarten, Spain, Sweden, Turks and Caicos Islands, Uruguay, Vanuatu, Virgin Islands (British).

Foreign Exchange Control

There are no foreign exchange controls in Denmark.

ACCOUNTS

Accounts

All Danish companies are required to file annual financial statements with the Danish Commerce and Companies Agency (DCCA) which will be open to public. The statements must be audited by a state authorised public or a registered accountant. Exemption from audit is possible if the company does not exceed two of the following thresholds for at least two consecutive financial years:

  • A balance sheet total of DKK 4,000,000
  • A turnover of DKK 8,000,000
  • An average full time employees of 12

Annual Return

There is no statutory requirement to prepare and file annual return.

Tax Returns

Corporate income taxpayers can choose a tax year other than a calendar year.
Corporate income tax returns are filed electronically within 6 months of the end of the reporting year.
The tax is payable in two advance payments, with a final tax payment.

International law relations

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Party to the Hague Convention (Apostille) Legal system Double tax treaties network OECD member Offshore/onshore status according to the RF laws
Yes civil law 72 Yes No

Public authorities and legal acts

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List of laws and regulations
Act name Scope of law
Companies Act компании
Tax treaties entered Azerbaijan, Argentina, Armenia, Australia, Austria, Bangladesh, Belarus, Belgium, Brazil, Bulgaria, Canada, Chile, China, Chinese Taipei, Croatia, Cyprus, Czech Republic, Egypt, Estonia, Former Yugoslav Republic of Macedonia, Georgia, Germany, Ghana, Greece, Hungary, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kazakhstan, Kenya, Korea (Republic of), Kuwait, Kyrgyzstan, Latvia, Lithuania, Malaysia, Malta, Mexico, Montenegro, Morocco, Netherlands, New Zealand, Pakistan, Philippines, Poland, Portugal, Romania, Russian Federation, Serbia, Singapore, Slovakia, Slovenia, South Africa, Sri Lanka, Switzerland, Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Kingdom, United States, Venezuela, Viet nam, Zambia
Tax Exchange Information Agreement (TEIA) Andorra, Anguilla, Antigua and Barbuda, Aruba, Bahamas, Bahrain, Barbados, Belize, Bermuda, Botswana, Brunei Darussalam, Cayman Islands, Cook Islands, Costa Rica, Curaçao, Dominica, Faroe Islands, Finland, Gibraltar, Greenland, Grenada, Guatemala, Guernsey, Hong Kong, Iceland, Isle of Man, Jamaica, Jersey, Liberia, Liechtenstein, Luxembourg, Macao (China), Marshall Islands, Mauritius, Monaco, Montserrat, Niue, Norway, Panama, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Seychelles, Sint Maarten, Spain, Sweden, Turks and Caicos Islands, Uruguay, Vanuatu, Virgin Islands (British)
List of state regulatory authorities
Danish Government http://denmark.dk/en/society/government-and-politics/
Danish Business Authority http://danishbusinessauthority.dk/
Danish Customs and Tax Administration http://www.skat.dk/SKAT.aspx?lang=us
FSA https://www.finanstilsynet.dk/en.aspx
Invest in Denmark http://www.investindk.com/

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    Regards, GSL Law & Consulting Lawyer, Head of UK GSL office Aniko Sebok

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