Financial Regulation

Our expertise includes:

  • Setting up new financial businesses, insurance brokers and investment advisers, for example applications for licences
  • Setting up and registration of branch offices for foreign stockbrokers, insurance companies and insurance brokers
  • Investment service activities
  • Direct and indirect marketing of collective investment undertakings (UCITS), including registration in Denmark
  • The AIFM Directive, including marketing of Danish and non-Danish (EU and non-EU/EEA) AIFs in Denmark as well as registration of non-Danish alternative fund managers.
  • Regulation of securities trading activities, including compliance and the MiFID Directive
  • Insurance products and distribution channels, including good business practice and insurance contract law.

How can we help?
We render specialist advice to financial businesses, including Danish and international (EU and non-EU/EEA) alternative fund managers, stockbroker companies, investment advisers, UCITS, AIFs, insurance companies and insurance brokers.

We have in-depth knowledge of applicable legislation and practice, and we have established a close working relationship with the Danish Financial Supervisory Authority and other relevant authorities.

Common challenges
Regulatory matters play an important role when financial businesses wish to set up or offer services and products in Denmark. Only regulated businesses, such as banks, stockbroker companies, insurance companies and insurance brokers, are authorised to offer financial services, including investment services, in Denmark.

Moreover, the marketing and offering of securities is subject to regulation. So is the direct and indirect marketing of certain units in collective investment schemes, such as investment undertakings (UCITS), and alternative investment funds (AIFs) require registration with the Danish Financial Supervisory Authority.

Non-compliance with statutory requirements may result in “naming and shaming”, imposing of fines and the withdrawal of licences or authorisations. 

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Our ratings

Chambers and partners

Chambers Europe Rating 2016
-  Capital Markets

What the team is known for Noted for its work on IPOs, securitisation and regulatory matters. Acts on behalf of corporates and financial institutions on compliance work, share buy-backs and public tender offers. Represents clients in several sectors, including pharmaceuticals, technology and telecommunications. 

What's new? Lundbeck and BankInvest are among the firm's recent client wins.

Work highlights Assisted Bestseller with a DKK157 million public tender offer for all the share capital in Stylepit.

Advised several listed banks, including SEB, on Danish securities law related to a USD900 million restructuring of TORM, including the listing of 958 million shares through a scheme of arrangement.

Significant clients Jyske Bank, Exiqon, Carlsberg, William Demant, Maj Invest.

Notable practitioners
Steen Jensen is noted for his expertise in regulatory issues, de-listings and IPOs. He also advises clients on a range of transactional issues including mergers of listed companies and secondary offerings.

David Moalem is a "skilled" and active capital markets lawyer. He is well-known for his experience in regulatory aspects of capital markets, as well as public M&A, transactions and contentious compliance.

Chambers and Partners Europe, Capital Markets

Chambers - Firm Logo SH lille

Chambers Global Rating 2017
-  Capital Markets

Steen Jensen is noted for his expertise in regulatory issues, delistings and IPOs. He also advises clients on a range of transactional issues including mergers of listed companies and secondary offerings.

David Moalem is a "skilled" and active capital markets lawyer. He is well known for his experience in regulatory aspects of capital markets, as well as public M&A, transactions and contentious compliance.

Chambers and Partners Global, Capital Markets

IFLR1000

IFLR1000 Rating 2016
-  Capital Markets

That deal was demonstrative of a general improvement in the capital markets in Denmark this year, which the team at Bech-Bruun was able to capitalise on. Other examples saw (Morten) Krogsgaard take the lead in acting for the PWT Group on the Danish law issues relating to PWT Holding’s placement of a kr300 million (€40 million) high-yield bond on the Nasdaq OMX Stockholm and in assisting SAS on the Danish aspects of its kr1.6 billion (€169 million) issuance of convertible bonds.

(...)

“A very competent and always in-touch full service provider,” is the way one general counsel describes the capital markets practice.

IFLR 1000, Capital Markets

Bech-Bruun Recommended by Legal500

Legal500 Rating 2017
-  Capital Markets

Headed by banking and finance partner Morten Krogsgaard, Bech-Bruun continues to be instructed on international and domestic regulatory matters. Steen Jensen advised 3i on a DKK1.5bn public-to-private takeover of BoConcept. David Moalem is recommended.

Legal 500, Capital markets

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