Personal liability (personlig hæftelse)

Also known as personal liability, personal responsibility, hæftelse, personligt ansvar

Personal liability means that a natural person is liable for the debt with their entire personal wealth — not only with the assets of the company.

In practice

The corporate form decides everything. If the debtor is an ApS or A/S (Danish private or public limited company), the owner is not personally liable — if the company goes bankrupt, the claim is gone, however wealthy the owner may be privately. If the debtor is a sole proprietorship, the proprietor is liable with their entire private wealth.

It is the first thing to look up when a claim goes to collection: who is actually the debtor, and what do they stand behind the debt with? The answer determines whether the case is worth pursuing.

Where it commonly goes wrong

  • Pursuing an empty ApS without checking whether a guarantee exists. Without personal liability or a guarantee, there is nothing behind the claim.

In doubt about a claim of your own?

The glossary explains the rule. We look at the case. Call us, or create a free account and send it in — no lock-in, no set-up fee.