Denmark

Our Danish banking and finance team is an integrated part of the Eversheds international network of lawyers that delivers a seamless service across the world.

Clients regularly comment that we are better than any other international law firm at providing consistently high service levels, thereby maximising chances of success on any deal, whilst minimising risk. We advise on all aspects of banking and finance law.

Our clients include Danish and international banks, insurance companies, pension providers as well as other financial institutions, private equity funds and other companies.

Finance law

We provide quality advice to Danish and international banks, borrowers and lenders on all forms of financing, including acquisition finance, real estate finance and general lending. Our technical specialists can help you navigate the labyrinthine legal areas such as the drafting of facility agreements and inter-creditor agreements, advice on the provision of security and guarantees as well as derivatives and hedging arrangements.

We can also ensure you adapt quickly to changes in international financial markets, such as developments in loan terms and conditions and loan documentation.

In working with Eversheds you will get access to a great knowledge pool and expertise that reaches beyond borders securing that your transaction runs smoothly and is implemented in Denmark and elsewhere in the world necessary.

Structured finance

We are leaders in the area of structured finance, both nationally and internationally.

Advice is provided on all aspects of asset financing to Danish and international lenders, borrowers, sponsors and export credit agencies. Our services include the drafting of facility agreements, leasing agreements and security documentation, as well as advising on insurance and regulatory matters.

In terms of project financing we have extensive experience in setting up investment vehicles, drafting investment agreements and shareholders agreements, facility agreements and security documentation as well as the drafting of purchase and supply agreements. We also advise on financing through export credit agencies.

Structured finance deals often has inherent cross-border elements and in working with Eversheds we can provide you with a seamless advice in all involved jurisdictions.

Financial regulation

Our experts advise Danish and international financial institutions on regulatory matters, including the set-up of financial institutions and branches of international financial institutions, licensing issues, fit and proper rules and compliance issues.

In addition, we have comprehensive experience of representing financial institutions before the Danish FSA and other public authorities, both domestically and overseas.

When you work with Eversheds you get a dedicated team that understands the often urgent nature of advising you on the very complex financial regulatory regime and with our cross-border team we can cover multiple jurisdictions if necessary.

Capital Markets

Our high calibre team advises on all aspects of debt and equity capital markets such as issues relating to EMTN and CP programmes, private placements and IPOs. We also provide advice on takeovers and listing rules relating to the NASDAQ OMX Nordic exchange. Our clients include financial institutions, underwriters and issuers.

We understand the international nature of most capital market transactions, and you will get a team dedicated to delivering a service that allows you to comply with the often tight deadlines and huge workload involved in this kind of deals.

Nikolaj Juhl Hansen
Phone: +45 33 75 05 07
nikolajjuhlhansen@eversheds.com

Lars Lüneborg
Phone: +45 25 26 99 33
larsluneborg@eversheds.com

We provide your organisation with a firm foundation for profitable growth by ensuring your contracts are robust and "future proof" through the delivery of quality forward thinking advice.

Our team has extensive experience in advising major Danish and international companies on all aspects of commercial law and regulatory issues, including competition, distribution, consumer law, IP and data protection.

With our colleagues in other jurisdictions we can quickly and seamlessly advise you any cross border issues in commercial deals.

Jens Christian Lolk
Phone: +45 33 75 82
jenschristianlolk@eversheds.com

Nikolaj Juhl Hansen
Phone: +45 33 75 05 07
nikolajjuhlhansen@eversheds.com

We work collaboratively with you day to day to ensure that their commercial strategies requirements and agreements meet competition law and help steer you through investigations when these arise.

Our international team can advise you on all aspects of Danish and EC competition law as well as on broad cross-jurisdictional surveys of filing requirements of M&A transactions.

The Eversheds antitrust and EU group is recognised as one of Europe's leading competition/antitrust practices, with 30 lawyers located Europe. A number of our lawyers have spent time working in DG Competition and in national competition authorities, including sector regulators.

We regularly handle the most complex M&A cases, as well as advising on a very wide range of leading edge behavioural and investigatory work.

Our approach is practical, commercial and collaborative - we secure that competition law challenges are considered and handled seamlessly in all involved jurisdictions.

For more on our capabilities please see our Antitrust and EU law service pages.

Jens Christian Lolk
Phone: +45 33 75 82
jenschristianlolk@eversheds.com

Clients continuously comment that we add value to their business through strategic commercial as well as legal advice. We combine sector-based insight and technical competence with unique project management skills to ensure that our advice always takes into account your commercial and strategic aims and transactions are delivered quickly and cost effectively.

Our focused and innovative team advises investment banks, VCs, private enterprises and state-owned companies on all aspects of corporate law.

We advise on the planning of corporate legal structures and the set up of companies as well on mergers and other capital reorganisations, restructurings and IPOs. In addition, we are able to give advice on corporate housekeeping and governance issues.

For a more in-depth description please see our corporate law pages.

Nikolaj Juhl Hansen
Phone: +45 33 75 05 07
nikolajjuhlhansen@eversheds.com

Data protection is an issue affecting all companies as all companies to a lesser or greater extent register, handle or store vast amounts of data. This may be in relation to customers, employees or business partners. Only few companies are aware that the data protection legislation makes considerable demands in this respect which is why the registration and handling in reality may be in violation of the data protection legislation.

Eversheds' Data Team regularly advises on all aspects of national and global data protection issues.

As an example we assist our clients in obtaining authorisations from the Danish Data Protection Agency, in arranging information to the data subject whose data are being handled, in carrying out of statements of consent, and implementation of security measures.

Through analysing the data management and advising on the legal issues we assist our clients in ensuring that personal data are handled appropriately and minimising risks combined with security and abuse of confidential data. This will result in the utmost confidence to your staff and customers.

We have substantial knowledge with approval of personnel administration, outsourcing of the same and implementation of ethical personnel policies.

In addition we have extensive experience in assisting our clients in connection with transfer of data between data controllers. Our team has extensive knowledge of preparation of applications, correspondence with the Danish Data Protection Agency and possible adaptation of transfer terms. International transfer of data can be a problem very relevant to your business, and in cooperation with Eversheds your business can avoid problems from arising in relation to authorities or others later on.

The team also advises on the implementation of whistleblower systems and on the HR aspects of the implementation of such a system. Whistleblower systems are becoming a management tool for many businesses, but in connection with the implementation of the system it is necessary to consider the legal regime. A collaboration with Eversheds in rolling out and operating the system ensures that your business can enjoy the maximum benefit of the system.

We have vast international experience in this field and can draw on the knowledge of our colleagues in other countries. This means that your business will achieve cost-efficient, quick and precisely thought out solutions across borders but through a single point of contact.

The team can assist in establishing whether your company complies with its legal obligations in relation to policies for handling of data and data transfers. If the company does not comply with its obligations, we can advise you on how to quickly remedy the situation.

With Eversheds as a business partner your company will gain access to experts with detailed knowledge of this complex system. We act as ongoing sparring partner for the company which thereby avoids a situation where data protection issues will have a negative influence on the development and operation of the company or will cause image problems.

Catrine Søndergaard Byrne
Phone: +45 33 75 05 64
catrinesondergaardbyrne@eversheds.com

Eversheds' HR team offers all aspects of advice and sparring within the HR area; legal expertise, practical and specific advice, transparent deliveries and resources to handle any job of any size.

We have extensive experience in delivering strategic advice in connection with all aspects of industrial issues, both minor day to day issues and major strategic, personnel political implementation processes. As an example we assist in the formulation of personnel policies, both general employee manuals and specific local agreements or guidelines. With Eversheds as a business partner your company has certainty that the policies are implemented in the most efficient manner and at the best possible value for both employees and employers.

We have insight into collective, industrial issues and offer advice about contractual issues just as we are happy to act as sparring partner for management and the HR consultants in the tortuous questions regarding regulation based on collective bargaining agreements.

We have knowledge working for international businesses worldwide, including coordination of advice and services cross-border and across time zones. Through our international clients we also have insight into and an understanding of the complexity of being an international company established in Denmark, and through our international colleagues in Eversheds we can swiftly assemble a team that can assist and advise you in connection with issues pertaining to employment law targeted at an individual country or region.

Our team has vast experience in aligning international employment policies with Danish law and legislation and in supporting the implementation in the Danish unit.

We focus on having a close relationship with our clients, and we can act as ongoing sparring partner for management, HR departments and HR consultants in minor and major staff related legal issues providing swift and useful to the point advice. Our advice is solution-oriented in a way that best serves our clients in terms of cost efficiency.

The team has specific experience advising clients in connection with trials by the ordinary courts, arbitration tribunals, dismissal boards, labour courts and in court-based mediation.

Finally, we arrange and carry out targeted courses locally at the companies; it may be education of management, other managers or employees within HR administration in specific areas of employment or labour law.

By choosing to work with Eversheds' HR team your company will gain access not only to specialists with insight into Danish employment and labour law, but also to a network of HR specialists worldwide.

Catrine Søndergaard Byrne
Phone: +45 33 75 05 64
catrinesondergaardbyrne@eversheds.com

IT acquisition

Today, IT is strategically important to any business, and purchase of IT equipment may be costly and often require more internal resources than expected.

Of course you want your IT purchases to comply with the original budget, deliveries to be made on time and you want to ensure that you select the best supplier whom you may continue to work with.

We are very experienced with translating what IT suppliers say into something you understand. We will draft a sufficient contract for you in order to sufficiently balance expectations. This will make your new purchase of IT something you can realistically budget in terms of price, time and performance.

With Eversheds you will get a commercially orientated advice allowing you to implement your new IT solutions without worrying over legal issues.

IT vendors and tenders

Contact us, if you are an IT vendor and need assistance in drafting or negotiating agreements for the Danish market or internationally. We have extensive experience in assisting IT companies in drafting competitive, market compliant, clear and understandable agreements that will make it clear to you as well as your customer, who is responsible for what and what is included in the charges agreed.

It is very costly, financially and time-wise, to participate in an IT tender process. And it means that it is almost unbearable if you are disqualified due to a technical mistake. However, it is easy to make a mistake as very specific rules apply in this area. In order to optimize your chances of obtaining an order, it is important to get qualified advice from the beginning. Just as a hospital never leaves heart surgery to interns, you should not risk losing a tender due to incompetent advice or lack of experience.

Use us as your partner in securing a successful business.

Online business

The Internet is an ocean of possibilities. Before setting up an online business, you should carefully consider the special rules and formalities that apply. Going online will connect you with the entire world - but do you really want to trade with all countries? Is your business at all ready to comply with national legislation worldwide? And have you protected your own rights before you market your products and services online to the world? And are you sure that you are not making use of rights to which you are not entitled?

With our strong international network, we are able to help you safely enter the world-wide Internet. Make the right choice from the beginning and let us lead your business on the way. We have provided advice to online businesses for many years.

Intellectual Property Rights

All businesses establish intellectual property rights or "IP".

However, far from all are aware of it. Do you know which IP you have? Can you enforce such IP? And have you considered that others may earn money for you by making use of your IP? If not, then call us or send us an e-mail. We will help you identify and protect your IP. It is important to focus on rights from the beginning in order not to end up losing your good ideas because they have been stolen or copied by somebody else.

Call upon us to advise you on domestic and international IP issues and secure access to a large pool of experts ready to help you secure these vital assets of your business.

Jens Christian Lolk
Phone: +45 33 75 05 82
jenschristianlolk@eversheds.com

Nikolaj Juhl Hansen
Phone: +45 33 75 05 07
nikolajjuhlhansen@eversheds.com

When disputes arise, businesses risk losing control. Over and above the potential for direct financial loss, businesses face wasted management time, unbudgeted costs and the threat of damage to relationships and reputations.

It is vitally important to get on top of a dispute quickly, understand your options and implement the best strategy for achieving your commercial objectives within your budget and an appropriate timescale.

Our commercial litigation group is at the heart of our dispute management capability. We have advised on, and secured successful outcomes in, disputes covering a broad spectrum of commercial activity.

The Copenhagen dispute resolution team is an integrated part of the Eversheds family and we are able to deliver strong international services and handle cases in multiple jurisdictions. you will enjoy the dedication, accountability and knowledge of a local specialised firm, backed by the breadth and depth of resources of one of the largest international law firms.

With over 30 partners and 150 lawyers located around the world, we have the resources and expertise to help you, whatever your dispute, wherever it may arise. We are trial lawyers who regularly appear at all levels of the courts throughout the country, as well as before international arbitration tribunals.

Underpinning our approach to dispute management is RAPID Resolution - a bespoke and award winning system for project managing disputes. Using this system, our lawyers focus on identifying early your best practical outcome and pursuing it in the most effective way. We are committed to helping you keep control of disputes and the costs associated with them. By thinking ahead and developing a proactive strategy, we can help you plan the best way to get the right result. It's a win/win situation - the outcome you are expecting at the price you have been told.

Jens Christian Lolk
Phone: +45 33 75 82
jenschristianlolk@eversheds.com

We regularly advise companies and investment banks on M&As across a broad range of sectors, including the financial sector, IT, telecommunications, media and entertainment, energy, transport, retail, pharma, industrial engineering and healthcare as well as the public sector.

In addition to Danish legal advice, we are able to provide legal advice under English law and can add members to an M&A team from most jurisdictions around the world so that you can enjoy one-stop-shop solution on M&A deals allowing you to focus on business issues.

Clients regularly comment that our transaction team integrates seamlessly into the in house teams. We ensure quality and consistency due to our extensive experience on local as well as multi-jurisdictional transactions. We can act from Copenhagen or on location in the jurisdictions you require. Through Eversheds International, you have access to highly skilled staff with specific sector knowledge and specialist expertise.

We advise on mergers, acquisitions and investments, where we act as adviser in all procedures, including due diligence, contracting, negotiating and financing. We have substantial experience in negotiating transactions for clients who require specialist services from their lawyers in addition to more traditional legal advice - in this manner you will get the deal on the best possible terms and with a seamless service delivery across all jurisdictions involved.

Before initiating our work we always undertake a thorough scoping exercise with the client. This allows us to perform the M&A work in line with the commercial drivers for doing the deal and provide fee transparency and highly accurate budgets, or alternative fee structures that match the client's needs. We deliver deal advise in a cost-efficient manner that allows to consider the legal costs involved in beforehand.

In addition we can establish reporting routines according to the your wishes and set up deal rooms via the Eversheds extranet. This allows for the secure exchange and sharing of documents and provides you with easy access to all documents relating to the transaction in one safe place.
The recent deals handled by the team includes:

• Advising Alfa Laval's SEK 5bn acquisition of Aalborg Industries
• Advising World Fuel Services on the Nordic Camp Supply deal
• Advising SPX Corp. on the acquisition of Gerstenberg Schrøder
• Advising on the Danish leg of Tyco's disposal of the ADT business unit

Nikolaj Juhl Hansen
Phone: +45 33 75 05 07
nikolajjuhlhansen@eversheds.com

Our team assists in all aspects of real estate, including the entire purchase and sale process, whether it be domicile property, rental property or undeveloped building sites. In addition we offer advice on structured purchase and sale processes, project development and financing of real estate, establishment of owners' associations and cooperative housing associations, and commercial lease law.
Additionally, we offer assistance in connection with construction and tender issues, and also have expertise in issues relating to public law, including planning legislation and environmental law.

Our clients are primarily major project developers, contractors and other private companies. Through our innovative project management approach we offer all clients greater certainty in terms of cost, timescales and outcome.

With Eversheds you get a one-stop-shop solution on all real estate related matters, and we provide seamless advise and with a transparent and value-based pricing.

Jens Christian Lolk
Phone: +45 33 75 05 82
jenschristianlolk@eversheds.com

We advise on all aspects of reconstructions and insolvency, including suspension of payments and bankruptcy. Our clients include destitute companies and financial creditors in preparation for reconstruction and continuation of the company or divestiture.

In addition we act as supervisors in connection with suspension of payments and as bankruptcy trustees.

With Eversheds you will get commercially orientated advice on reconstruction and insolvency matters that appreciates the often urgent need to get these things solved in order to be able to move on.

Jens Christian Lolk
Phone: +45 33 75 05 82
jenschristianlolk@eversheds.com

Our Copenhagen team is part of the seamless Eversheds International Tax Group with more than 175 legal practitioners around the globe - we are only international law firm in Denmark.

The areas we cover include:

• litigation and request for binding ruling; cases at the courts, the National Tax Tribunal and the tax authorities, including cases concerning VAT and duties
• financial transactions; taxation at source of interest and dividends, taxation of capital gains, qualification of international entities and financial instruments for tax purposes and tax relevant provisions in loan agreements,
• M&A; structural issues and tax relevant provisions in transfer agreements,
• group of companies; national joint taxation of companies, CFC taxation and restructuring issues
• taxation of hydrocarbons and tax treaty issues.

As one of the largest legal tax teams in Denmark, we are represented on two legal tax committees relating to tax and VAT respectively and in the contact committee of the tax authorities regarding VAT and duties. Our clients include industrial groups, banks, holding companies, aviation companies and individuals.

Our tax advice is commercially orientated and focuses on getting your tax issues solved in a cost efficient manner.

Robert Mikelsons
Phone: +45 33 75 05 63
robertmikelsons@eversheds.com

Eversheds is the only international law firm with a presence in Denmark and throughout Asia (Shanghai, Hong Kong, Singapore and Kuala Lumpur).

In Copenhagen we are particularly focused on working with China. As well as the full spectrum of legal expertise, we have Mandarin-speaking capability and the requisite cultural insight. These are real "must haves" when dealing with China.

We can offer Danish companies doing business in China, and Chinese companies in Denmark, strong legal and commercial help. We assist Danish companies in China on a regular basis in close corporation with our local colleagues. Most recently we have assisted:

• a listed company on capital structure issues in a multi-million USD investment
• a Danish shipping company on the collection of several million USD corporate debt
• an M&A due diligence in the clean-tech sector
• a Danish engineering company with the drafting of a Chinese confidentiality agreement.

Our legal teams in China and the Copenhagen office are always on top of the latest legal developments in China and provides news services for the Danish Chinese Business Forum and the Confederation of Danish Industry.

Nikolaj Juhl Hansen
Phone: +45 33 75 05 07
nikolajjuhlhansen@eversheds.com

Eversheds' India Group can help you to make the most of the links between Denmark and India, whether you are an Indian business with ambitions or opportunities in Denmark or a Danish company wanting to invest or do business in India.

We have had dealings with India for over 20 years and offer local knowledge and broad legal expertise, which means we can steer you through often unfamiliar business territory.

Whilst English is the main language of business in India, our team members are also fluent in a number of the local languages.

We are specialised in a wide range of Indian legal areas and can give strategic as well as legal advice. You may also benefit from our wide range of business contacts in India - we have established relationships with Indian industry, government and local firms. Whilst international legal practices cannot currently work in India, we can either project manage your transactions or introduce you to one of our trusted law firms to deal with matters on a local level.

Nikolaj Juhl Hansen
Phone: +45 33 75 05 07
nikolajjuhlhansen@eversheds.com

In an increasingly globalised world, the opportunities for Danish companies to do business in Japan and Korea, and for Japanese and Korean companies to do business in Denmark, have increased significantly.

Our Japanese and Korean Business Groups work closely with quality law firms in Japan and Korea to ensure you have people on the ground in those countries should you need them. This means you can access a full spectrum of legal services, which can be delivered in the part of the world where you do business. You will only be dealing with one contact person from Eversheds, but receive legal services from people who talk the local language, understand the local culture, and who have real experience of working and doing business with Japanese and Korean people and companies.

In Denmark, associate Joo Runge and partner Nikolaj Juhl Hansen are part of the Japanese and Korean Business Groups, and will be your contacts in Copenhagen. This means that Nikolaj and Joo can link you up to experts on the ground and act as conveyers of the legal regime and culture in Denmark enabling you to focus on getting the deal done.

We represent Japanese and Korean companies investing outside Japan and Korea, and Danish companies investing in or trading with Japanese and Korean organisations across a wide range of sectors, including manufacturing, chemicals, media, education, energy (including, oil and gas, renewable and nuclear), financial services and retail franchising. We collaborate with our colleagues around the world to ensure that barriers of differences in legal regimes and culture is broken down enabling business people from different jurisdictions to focus on business matters rather than what differences they have between them.

Nikolaj Juhl Hansen
Phone: +45 33 75 05 07
nikolajjuhlhansen@eversheds.com

Joo Runge
Phone: +45 33 75 05 40
joorunge@eversheds.com