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23 December 2020

Proposal for new Danish Act on Screening of Foreign Direct Investments in Denmark

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9 December 2020, the Danish Business Authority published the proposed new Danish Act on Screening of Foreign Direct Investments in Denmark (the “Act”) for market participant consultation purposes. The consultation process deadline is 6 January 2020. Moalem Weitemeyer expects to issue a hearing statement on the proposed Act and is currently in dialogue with the Danish Bar Association about a potential hearing statement (joint or sole). The Act is set to be submitted for the Danish parliament’s approval process in February 2021.

The Act introduces a mandatory clearance process for foreign direct investments into certain sensitive Danish enterprises where the investor obtains control of at least 10% of the enterprises’ share capital or voting rights. Further, a notification process is proposed wherein investors residing outside EU/EFTA voluntarily can notify to the Danish Business Authority if by the investment the investor obtains more than 25% of the enterprises’ share capital or voting rights and assesses that the transaction may pose a threat to national security or public order in Denmark. 

Dan Moalem

Partner

+45 30 37 96 10

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Pernille Nørkær

Partner

+45 30 37 96 40

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Rasmus Juel Schiøtt

Partner

+45 30 37 96 22

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Poul Guo (Quach)/郭保罗

Partner

+45 30 37 96 23

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