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Notice of Proposal to Strike Off Template for Denmark

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Notice of Proposal to Strike Off

I need a Notice of Proposal to Strike Off for a company that has ceased trading and has no outstanding debts or liabilities. The document should include the company's name, registration number, and a statement confirming the intention to dissolve the company, with a notice period of 3 months for any objections.

What is a Notice of Proposal to Strike Off?

A Notice of Proposal to Strike Off is an official warning from the Danish Business Authority (Erhvervsstyrelsen) that your company might be removed from the business register. The Authority sends this notice when they spot signs that a company isn't active anymore - like missing annual reports or tax returns.

Companies usually get 4 weeks to respond after receiving this notice. You'll need to either prove your business is still active by submitting required documentation, or accept the striking-off process. If you don't respond, the Authority will automatically dissolve your company and remove it from the Central Business Register (CVR), ending its legal existence in Denmark.

When should you use a Notice of Proposal to Strike Off?

The Danish Business Authority uses a Notice of Proposal to Strike Off when companies show signs of inactivity or non-compliance. Common triggers include failing to file annual reports, not maintaining a registered office address, or having no active directors listed in the Central Business Register (CVR).

As a business owner, you'll receive this notice if your company hasn't met its legal obligations. Watch for it especially after missing filing deadlines or changing your business structure without proper notification. Responding promptly helps avoid automatic dissolution and keeps your company's legal status intact - crucial for maintaining contracts, employment relationships, and banking arrangements.

What are the different types of Notice of Proposal to Strike Off?

  • The standard administrative notice warns of pending company removal due to inactivity or non-compliance
  • Fast-track notices apply when companies deliberately request dissolution through the simplified process
  • Group company notices cover multiple related entities under shared ownership structure
  • Urgent notices give shortened response periods for serious compliance breaches
  • Special circumstance notices address unique situations like death of sole director or loss of critical business licenses

Who should typically use a Notice of Proposal to Strike Off?

  • Danish Business Authority: Issues and enforces these notices as part of their regulatory oversight duties
  • Company Directors: Must respond to notices and demonstrate continued business activity or accept dissolution
  • Corporate Lawyers: Advise clients on legal implications and help prepare responses to strike-off notices
  • Accountants: Assist with financial documentation needed to prove active business status
  • Creditors: May object to company dissolution if they have outstanding claims
  • Business Partners: Need awareness of potential dissolution to protect their interests in ongoing contracts

How do you write a Notice of Proposal to Strike Off?

  • Company Details: Gather CVR number, registered address, and current director information
  • Non-compliance Evidence: Document specific reasons for potential strike-off, like missed filings or inactive status
  • Timeline Check: Review statutory notice periods and response deadlines under Danish law
  • Communication Records: Compile previous attempts to contact the company
  • Stakeholder List: Identify creditors, employees, and business partners who need notification
  • Documentation System: Use our platform to generate legally compliant notices automatically, ensuring all required elements are included

What should be included in a Notice of Proposal to Strike Off?

  • Company Identification: Full legal name, CVR number, and registered office address
  • Legal Basis: Specific reference to Danish Companies Act sections triggering the strike-off
  • Non-compliance Details: Clear statement of violations or inactivity prompting the notice
  • Response Period: Explicit 4-week deadline for company response
  • Required Actions: Detailed steps the company must take to prevent dissolution
  • Consequences: Clear explanation of automatic dissolution if no response received
  • Authority Details: Official letterhead, date, and Danish Business Authority signature

What's the difference between a Notice of Proposal to Strike Off and a Notice of Default?

A Notice of Proposal to Strike Off differs significantly from a Notice of Default in several key ways, though both are formal legal notifications. Understanding these differences helps ensure you use the right document for your situation.

  • Issuing Authority: Strike-off notices come exclusively from the Danish Business Authority, while default notices can be issued by any contracting party
  • Purpose and Scope: Strike-off notices warn of company dissolution from the official register, whereas default notices address specific contractual breaches
  • Response Timeline: Strike-off notices mandate a strict 4-week response period under Danish law, while default notices typically allow negotiable cure periods
  • Consequences: Strike-off leads to complete company dissolution, but default notices primarily trigger contractual remedies or penalties
  • Recipient Options: With strike-off notices, companies must either prove activity or accept dissolution; default notices allow for cure, dispute, or negotiation

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