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5 July 2021

New Danish Rules on Pre-Marketing of Alternative Investment Funds

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1 July 2021, provisions on pre-marketing activities by Alternative Investment Fund Managers (“AIFM”) entered into force in Denmark. While no definition of such pre-marketing activities previously existed in Danish, the new legislation transposes the def-inition and requirements of directive 2019/1160/EU into Danish law. Previously, pre-marketing of an Alternative Investment Fund (“AIF”) in Denmark was only permitted by the Danish FSA in cases where (1) the relevant AIF was not yet established, (2) no private placement memo, prospectus or similar had been prepared, and (3) it was not possible for the potential investors to commit to acquiring interests in the AIF during pre-marketing. 

In this article, we look into the new provisions, the permitted activities, and the applicable requirements.

Dan Moalem

Partner

+45 30 37 96 10

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Henning Hedegaard Thomsen

Partner

+45 30 37 96 18

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