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LEGAL NEWS - Are you up to date with the latest amendments of Danish Law?

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18. September 2015

Are you up-to-date with the latest amendments of Danish law? 2015 has brought and will bring a wide range of new Danish regulations, which can have significant impact for companies and business development in Denmark.

The Public Register of Shareholders

Danish public limited companies, private limited companies, limited partnership companies, and entrepreneurial companies are obligated to register information on shareholders holding five percent or more on the Company’s share capital or voting right in the Public Register of Shareholders. The information includes name, address and registration number of the shareholder, the date of acquisition and the shareholders total holding in the company.

The Public Register of Shareholders does not replace the companies’ non-public general register of shareholders, why companies’ are still obligated to register all shareholders in the general register of shareholders as well as in the Public Register of Shareholders.

The Public Register of Shareholders opened for registration on 15 December 2014 and as of 15 June 2015 the information is accessible to the public. Therefore, if you still have not registered your company with the Public Register of Shareholders, the registration shall be done immediately, as the deadline for existing companies to register expired on June 15, 2015. Shareholders of new established companies or changes in the shareholders of existing companies must be registered within two week of establishment/changes.

Updated online registration system at the Danish Business Authority
The Danish Business Authority administrates the online registration system for companies, www.virk.dk, which among others includes the Public Register of Shareholders.

Virk.dk has been updated and its services extended, why most registrations can now be made online. The new system went online on March 11 2015. Up to that date it was not possible to use the online system, when a foreign parent company wanted to establish a Danish subsidiary. With the system update it is now possible that foreign companies can establish Danish entities through the online system – which is both faster and cheaper.

Consolidation Act on Prohibition of Discrimination on the Labour Market

Currently employment contracts can regulate automatic termination of employment, when the employee turns 70 years old. However, an amendment to the Act mains that from 1 January 2016 employment contracts can no longer validly contain such provisions.

Employment contracts that include provisions regarding termination of employment on the grounds of age are thereby not valid from 1 January 2016, and therefore must be updated according to the new regulations and correspond with the Non-Discrimination Act.

The Danish Public Procurement Act

Currently the public procurement rules in Denmark include the EU public procurement directives and the Danish Tender Act as well as the Danish Enforcement Act. The EU public procurement directives apply by way of executive order whereby the Directive is applied directly in Danish law via minor adjustments. The Danish Tender Act applies to contracting authorities' procurement of works, goods and services. The new Danish Procurement Act shall thus implement the new EU directive on public procurement and shall guarantee a more efficient and expedient procedure and a reduction of transaction costs for the buyers and suppliers. The draft proposal had already undergone hearing at the Danish parliament when the elections were announced. The EU Directive has to be implemented by April 2016. It is expected that the proposal will be re-presented to the parliament in October 2015 and be adopted in the beginning of 2016.  

If you have questions to the above, you are very welcome to contact Lawyer Alexandra Huber at LEAD - Legal Advice Denmark, phone 44 45 50 00.


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