New rules for gender balance on boards
Last updated: 21 February 2025.
Several types of organisations are now required to ensure gender balance on their boards after legislative amendments.
For some types of organisations, the rules took effect as early as 1 January 2024, while for most they are being introduced gradually. The legislative amendments initially apply to the largest organisations, measured by the number of employees or total operating and financial income.
Gender balance refers to the balance of legal gender. Legal gender in Norway is what is registered in the National Population Register today; female or male. We obtain this information from the National Population Register.
If the board has:
- three or four members, a maximum of two board members can be of the same gender
- five or six members, a maximum of three board members can be of the same gender
- seven members, a maximum of four board members can be of the same gender
- eight members, a maximum of five board members can be of the same gender
- nine or more members, a maximum of 60 per cent of the board members can be of the same gender
There are similar requirements for gender balance among the deputy members.
There are also requirements for gender balance among the deputy members and the board representatives elected by the employees.
The deadlines for the various types of organisations
The deadlines below refer to when the board must be elected. It is not a requirement that the board must be notified, or registered, by the deadline, but changes to the board must be reported to the register without undue delay.
Board members elected by the employees
In foundations in which the board members are to be elected by and amongst the employees, the requirements of the Foundations Act, section 27b apply from the first regular election after 30 June 2025, cf. section 4 no. 2 of the regulations.
Board members elected by the state, county municipality, municipality and employees
In foundations where the state, a county municipality or a municipality appoints the entire board, and with more than 200 employees in which the board members are to be elected by and amongst the employees, the requirements of the Foundations Act, section 27b, third paragraph apply from the next regular election, cf. section 4, second paragraph of the regulations.
The new rules for foundations are introduced gradually, by which a new board must be elected within:
1 January 2024
Foundations where the state, a county municipality or municipality appoints parts of the board, the gender balance on the board must be in accordance with the rules.
- Does not apply when the state, a county municipality or a municipality appoints the entire board.
30 June 2025
Foundations that are commercial or have distribution as their objective, or in which the state, a county municipality or municipality appoints one or more board members.
- Does not apply when the state, a county municipality or a municipality appoints the entire board.
The balance sheet date is the last day of the financial year, which is 31 December in an ordinary financial year.
The new rules for private limited companies are introduced gradually, by which a new board must be elected within:
31 December 2024
Private limited companies that have total operating and financial revenue that is exceeding NOK 100 million on the balance sheet date of the annual accounts.
30 June 2025
Private limited companies that have more than 50 employees on the balance sheet date of the annual accounts, and which have not previously been subject to the requirements.
30 June 2026
Private limited companies that have more than 30 employees on the balance sheet date of the annual accounts, and which have not previously been subject to the requirements.
30 June 2027
Private limited companies that have total operating and financial revenue that is exceeding NOK 70 million on the balance sheet date of the annual accounts, and which have not previously been subject to the requirements.
1 July 2028
Private limited companies that either have operating and financial revenue that in total exceeds NOK 50 million, or that have more than 30 employees on the balance sheet date of the annual accounts.
Board members elected by the employees
In private limited companies in which the board members are elected by and amongst the employees, the requirements of the Limited Liability Companies Act, section 6-11b apply from the first regular election after the dates in section 2, no. 1 to no. 4 of the regulations.
The balance sheet date is the last day of the financial year, which is 31 December in an ordinary financial year.
The new rules are introduced gradually, by which a new board must be elected within:
31 December 2024
Companies in which all the partners are legal persons, which have total operating and financial revenue exceeding NOK 100 million on the balance sheet date of the annual accounts.
30 June 2025
Companies in which all the partners are legal persons, and they have more than 50 employees and have not previously been subject to the requirements.
30 June 2026
Companies in which all the partners are legal persons, and they have more than 30 employees and have not previously been subject to the requirements.
30 June 2027
Companies in which all the partners are legal persons, and they have total operating and financial revenue exceeding NOK 70 million on the balance sheet date of the annual accounts and have not previously been subject to the requirements.
1 July 2028
Companies in which all the partners are legal persons, and which, on the balance sheet date of the annual accounts, have either
- operating and financial revenue totalling more than NOK 50 million
- more than 30 employees
Board members elected by the employees
In companies in which the board members are to be elected by and amongst the employees, the requirements of the Companies Act section 2-13b apply from the first regular election after the dates in section 1, no. 1 to no. 4 of the regulations.
The balance sheet date is the last day of the financial year, which is 31 December in an ordinary financial year.
The new rules are introduced gradually, by which a new board must be elected within:
31 December 2024
House building cooperatives that have total operating and financial revenue that is exceeding NOK 100 million on the balance sheet date of the annual accounts.
30 June 2025
House building cooperatives that have more than 50 employees or more than 500 unit holders on the balance sheet date of the annual accounts, and which have not previously been subject to the requirements.
30 June 2026
House building cooperatives that have more than 30 employees on the balance sheet date of the annual accounts, and which have not previously been subject to the requirements.
30 June 2027
House building cooperatives that have total operating and financial revenue that is exceeding NOK 70 million on the balance sheet date of the annual accounts and which have not previously been subject to the requirements.
1 July 2028
House building cooperatives that on the balance sheet date of the annual accounts have either:
- total operating and financial revenue of more than NOK 50 million,
- more than 30 employees, or
- more than 500 unit holders
Board members elected by the employees
In house building cooperatives in which the board members are to be elected by and amongst the employees, the requirements of the House Building Cooperatives Act section 6-4b apply from the first regular election after the dates, cf. section 5 in no. 1 to no. 4 of the regulations.
Co-operatives that are financial institutions, see Other forms of organisation – financial institutions.
The balance sheet date is the last day of the financial year, which is 31 December in an ordinary financial year.
The new rules are introduced gradually:
31 December 2024
Co-operatives that have total operating and financial revenue that is exceeding NOK 100 million on the balance sheet date of the annual accounts.
30 June 2025
Co-operatives that have more than 50 employees or more than 500 members on the balance sheet date of the annual accounts and which have not previously been subject to the requirements.
30 June 2026
Co-operatives that have more than 30 employees on the balance sheet date of the annual accounts, and which have not previously been subject to the requirements.
30 June 2027
Co-operatives that have total operating and financial revenue that is exceeding NOK 70 million on the balance sheet date of the annual accounts and which have not previously been subject to the requirements.
1 July 2028
Co-operatives that on the balance sheet date of the annual accounts have either:
- total operating and financial revenue of more than NOK 50 million,
- more than 30 employees, or
- more than 500 members
Board members elected by the employees
In co-operatives in which the board members are to be elected by and amongst the employees, the requirements of the Cooperative Act section 69a apply from the first regular election after the dates in no. 1 to no. 4, cf. section 6, second paragraph, of the regulations.
All public limited companies are already subject to the requirements for gender balance on the board of directors through section 6-11a of the Public Limited Liability Companies Act.
Board members elected by the employees
In public limited companies with more than 200 employees in which the board members are to be elected by and amongst the employees, the requirements of section 6-11b, second paragraph, of the Public Limited Liability Companies Act apply from the next regular election, cf. section 3 of the regulations.
Health trusts and regional health trusts:
All the health trusts are already subject to the requirements for gender representation on the board because the Health Trusts Act section 21 stipulates that the rules on gender balance in the Limited Liability Companies Act apply correspondingly.
Inter-municipal companies:
Inter-municipal companies are already subject to the rules on gender balance pursuant to the Act relating to Inter-Municipal Companies section 10, first paragraph, referral to the Limited Liability Companies Act section 20-6.
Municipal business enterprises and county municipal business enterprises
Municipal business enterprises and county municipal business enterprises are required to ensure gender balance in accordance with the local government’s election for proportional representation and the elections by agreement pursuant to the Local Government Act section 7-5 to section 7-7.
Financial institutions – e.g. mutual insurance companies, savings banks and pension funds:
Financial institutions that are not organised as private limited companies or public limited companies are already subject to the rules of the Public Limited Liability Companies Act on gender balance on the board under section 8-4 of the Public Limited Liability Companies Act.
State limited companies:
State limited liability companies are already subject to the rules on gender balance through a separate provision in section 20-6 of the Limited Liability Companies Act.
European companies:
European companies are already subject to the rules on gender balance as the first paragraph of sections 2, 9 and 10 of the SE Act refers to the provisions of the Public Limited Liability Companies Act applying.
State-owned enterprises:
State-owned enterprises are already subject to the rules on gender balance as section 19, last paragraph, of the State Enterprises Act stipulates that the provisions of the Limited Liability Companies Act, concerning the representation of both genders on the board, apply correspondingly.
Student welfare organisations:
Student welfare organisations are already subject to the rules on gender balance as section 6, sixth paragraph, of the Student Welfare Organisation Act refers to the provisions of the Limited Liability Companies Act concerning the board.
Exceptions
There are some exceptions to the requirements, described in the special legislation and the regulation. First and foremost, this applies in cases where the number of employees, members or unit holders largely consists of the same gender.
If the enterprise falls under an exemption provision, and wants to claim it, a document must be attached when submitting the form Coordinated register notification. The document must contain information about which exemption provision it is and how it has been applied.
Types of organisations without a requirement for gender balance on the board:
- housing cooperatives
- condominium flat owners
- jointly owned shipping companies
- Norwegian-registered foreign businesses
- associations
The list is not complete.