Corporate Law at Svalbard and Jan Mayen (Norway)

Sure! Here's a summary of Corporate Law in Svalbard and Jan Mayen, which are territories under Norwegian sovereignty:

Corporate Law in Svalbard and Jan Mayen (Norway)

Legal Context

Both Svalbard and Jan Mayen are territories under Norwegian sovereignty, but with distinct administrative rules.

Norwegian law generally applies, but Svalbard has its own Svalbard Treaty and specific local regulations.

Jan Mayen is administered by the County Governor of Nordland, and Norwegian law fully applies.

Corporate Law Framework

1. Applicable Law

Norwegian corporate law governs companies operating in Svalbard and Jan Mayen.

The main statute is the Norwegian Companies Act (Aksjeloven) for private limited companies and the Public Limited Liability Companies Act (Allmennaksjeloven) for public companies.

Svalbard has some exceptions, mainly in taxation and environmental rules, but company law follows Norway.

2. Types of Companies

Private Limited Company (AS - Aksjeselskap)
Most common type of company, limited liability for shareholders.

Public Limited Company (ASA - Allmennaksjeselskap)
Larger companies, can be publicly listed.

Other business forms include sole proprietorships and partnerships.

3. Company Formation

Registration is done with the Norwegian Register of Business Enterprises (Foretaksregisteret).

Minimum share capital for AS companies is NOK 30,000.

Articles of association and shareholder agreements must comply with Norwegian law.

4. Corporate Governance

Private companies (AS) require a board of directors; smaller companies may have a single director.

Annual general meetings and reporting are mandatory.

Norwegian corporate governance standards apply.

5. Foreign Investment

Foreign individuals and companies can own 100% of Norwegian companies, including those operating in Svalbard and Jan Mayen.

There are no special restrictions on foreign ownership in these territories beyond normal Norwegian law.

6. Taxation

Svalbard has a special tax regime:

Lower income tax rates (roughly 16% on personal income).

Corporate tax is aligned with mainland Norway (about 22%).

No VAT applies in Svalbard.

Jan Mayen follows Norwegian mainland tax rules fully.

7. Compliance

Companies must comply with Norwegian accounting, auditing, and reporting requirements.

Environmental and resource regulations are strict in Svalbard due to its fragile Arctic environment.

Summary

Norwegian corporate law applies in Svalbard and Jan Mayen with some local tax and environmental exceptions.

The main corporate vehicle is the private limited company (AS).

Foreign investment is allowed without special restrictions.

Tax incentives exist in Svalbard due to its unique status.

Companies must register with Norwegian authorities and follow Norwegian corporate governance.

 

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