We use cookies

Moalem Weitemeyer uses cookies, including cookies from third parties, needed to make the website work and to enhance the user experience. Cookies are also used to detect inexpediencies and to examine your interactions with our website. Read more about how we use cookies and take care of your data here




9 May 2023

New Guidance from the Danish Business Authority on Companies’ Indemnification of Management and Board

Group 7 Created with Sketch.
Download PDF version

  • In recent years, Danish companies’ have steadily increased their focus on indemnification of its management against damages and costs in connection with third-party claims against the individual members of the executive management and board of directors.
  • Due to increasingly complex national and European regulation as well as claimants’ wider access to judicial review through class-action lawsuits and litigation funding, Danish companies have turned their attention to Directors and Officers Insurance (“D&O-insurance”) and corporate indemnification resolutions in order to attract and retain qualified individuals to management. Due to rising insurance premiums along with extensive focus on management liability, indemnification by the company has become more common and has been adopted as an alternative or supplement to D&O-insurances.
Consequently, within the last years, a majority of the companies comprised by the Nasdaq Copenhagen C25 index have adopted resolutions of management indemnification at their general meetings. Until now, it has been debated whether companies under Danish law could validly adopt a resolution of general and broad indemnification of its board of directors. In a Danish Business Authority guidance note from 13 April 2023, the possibility to adopt such has been clarified, providing firmer legal basis for such resolutions being relied on and considered valid.

Thomas Enevoldsen

Senior Associate

+45 30 37 96 88

Go to profile

Nils Nissen Homann


+45 30 37 96 68

Go to profile

The Latest

See all insights

8 July 2024

Meet us at the IBA Annual Conference 2024 in Mexico City in September

1 July 2024

Sebastian Christmas Poulsen joins as Partner

17 June 2024

Navigating transactional risks with W&I insurance

14 June 2024

Entrepeneurship in Denmark – New Strategy: Denmark aims to become a world-class entrepreneurial Country

27 May 2024

Jacob Bier joins as Partner

22 April 2024

The EU Listing Act – A new Chapter for European Capital Markets

15 April 2024

The Danish Financial Supervisory Authority has released the 2023 statistics on violations of Danish capital market regulation

22 March 2024

Lennart Meyer Østenfjeld joins as Partner

5 March 2024

Danish Crown – Judgment about Greenwashing

26 February 2024

Distressed M&A - Asset Transfer: A Lifelife for Distressed Companies