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Regulatoriske forhold spiller en stor rolle, når finansielle virksomheder ønsker at etablere sig eller at udbyde tjenester og produkter i Danmark. Kun regulerede virksomheder, som fx banker, fondsmæglerselskaber, forsikringsselskaber og forsikringsformidlere, må udbyde finansielle tjenesteydelser, herunder investeringsservicetjenester, i Danmark.

Derudover er markedsføring og udbud af værdipapirer underlagt regulering, ligesom både direkte og indirekte markedsføring af visse andele i kollektive investeringsordninger, fx investeringsforeninger (UCITS) og alternative investeringsfonde (AIF), kræver registrering hos Finanstilsynet. Overtrædelse af lovgivningskravene kan medføre "naming and shaming", bødestraf og inddragelse af virksomhedens tilladelse eller godkendelse.

Hvordan kan vi hjælpe?
Vi er specialiseret i de regulatoriske forhold gældende for finansielle virksomheder. Vi rådgiver både danske og udenlandske finansielle virksomheder, herunder danske og internationale banker, fondsmæglerselskaber, investeringsrådgivere, kollektive investeringsordninger og deres managers, markedspladser, forsikringsselskaber , forsikringsformidlere og værdipapircentraler.

Vi rådgiver blandt andet om:

  • Etablering af nye finansielle virksomheder, forsikringsformidlere og investeringsrådgivere, herunder ansøgning om tilladelser
  • Filialetablering og registrering af udenlandske fondsmæglere, forsikringsselskaber og forsikringsformidlere
  • Investeringsservice-aktiviteter
  • Direkte og indirekte markedsføring af kollektive investeringsordninger (UCITS/FAIF), herunder registrering i Danmark
  • Regulering af værdipapirhandelsaktiviteter, herunder god skik og MiFID-regler 
  • Forsikringsprodukter og distributionskanaler, herunder god skik og forsikringsaftaleret
  • Hvidvask og terrorfinansiering
  • Betalingstjenester
  • FinTech
  • CSD’er.

Vi har indgående kendskab til både lovgivning og praksis og har mange års erfaring og gode samarbejdsrelationer med Finanstilsynet og andre myndigheder.

For at sikre jer den bedste rådgivning samarbejder vi, når der er behov for det, med specialister inden for fx Forsikring, Finansiering, Kapitalmarked, M&A & Selskabsforhold, Skat, Compliance og Persondata.

vindmølle strand himmel
Bæredygtig investering

Vi rådgiver med stor ekspertise og specialviden om grønne investeringer og ESG-compliance.

Regulatoriske forhold

Banking & Finance

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What the team is known for
Bech-Bruun offers clients a strong finance team which frequently acts on behalf of domestic and international banks and large corporations on all aspects of acquisition finance. The firm is particularly recognised for its financing expertise in the energy and real estate sectors. Lawyers in the team are also instructed on refinancing mandates and offer further experience on debt capital market transactions, advising on the issuance of notes. The team is additionally well placed to handle loan transactions and sustainable finance matters.

Strengths
"The team is very responsive and always available for a call."

Work highlights
Bech-Bruun advised Welltec on its issuance of USD325 million senior secured notes.

Notable practitioners
Morten Krogsgaard: Morten Krogsgaard handles notes issuance, refinancing and acquisition financing mandates. He acts on behalf of both Danish and international clients, including prominent banks, financial investors as well as corporates from the oil and gas sector. "Morten Krogsgaard is very responsive and able to accurately convey, in a commercially focused manner, complex Danish law nuances."

David Moalem: David Moalem is particularly recognised for advising banks and banking associations on regulatory matters, including governance and payment services issues. He has additional experience in M&A transactions in the financial sector. "David Moalem is a very strong individual, both commercially and in terms of service and legal knowledge."

Thomas Thordal Sevelsted: Thomas Thordal Sevelsted is particularly active on matters involving subscription credit facilities. He also assists with real estate and project financing mandates and mainly acts for banks, investment firms and asset managers. "Thomas is always reachable and offers a high-level service" and "Thomas is a highly skilled, excellent and sophisticated lawyer in the financing field."

Chambers and Partners Europe 2023, Banking and Finance

Capital Markets

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What the team is known for
Strong finance team acting on behalf of domestic and international banks, private equity houses and large corporations on all aspects of acquisition finance. Recognised for its financing expertise in the energy and real estate sectors. Also instructed on refinancing mandates. Has experience in debt capital markets transactions, advising on the issuance of notes and high-yield bonds.

Strengths
One client says the lawyers have a "lot of experience with complex financing agreements," adding that they are "very consistent" and "always deliver."
 
Another client enjoys the "high accessibility" of the lawyers, who "advise with a high degree of business understanding."
 
Work highlights
One client says the lawyers have a "lot of experience with complex financing agreements," adding that they are "very consistent" and "always deliver."
 
Notable practitioners
David Moalem is highly regarded for his expertise in securities law and financial regulation. He has particular experience in fintech matters. One client describes him as "probably the best lawyer in the Danish financial regulatory market."
 
Morten Krogsgaard handles a range of loans and facility agreements, including bridge facilities. He also has experience in the issuance of notes and bonds. He is particularly active on leveraged and acquisition finance mandates. One source notes that he is "very knowledgeable within the financing world and always has a good understanding of the market."
 
Thomas Thordal Sevelsted advises on acquisition and real estate finance, as well as asset finance in the shipping and aviation sectors. One client says he is "good at locating where the issues are and what needs to be focused on."
 
Chambers and Partners Europe, Banking and Finance

 

Banking & Finance

Chambers_Partners_logo

What the team is known for
Bech-Bruun offers clients a strong finance team which frequently acts on behalf of domestic and international banks and large corporations on all aspects of acquisition finance. The firm is particularly recognised for its financing expertise in the energy and real estate sectors. Lawyers in the team are also instructed on refinancing mandates and offer further experience on debt capital market transactions, advising on the issuance of notes. The team is additionally well placed to handle loan transactions and sustainable finance matters.

Notable practitioners
Morten Krogsgaard handles notes issuance, refinancing and acquisition financing mandates. He acts on behalf of both Danish and international clients, including prominent banks, financial investors as well as corporates from the oil and gas sector.

"Morten Krogsgaard is very responsive and able to accurately convey, in a commercially focused manner, complex Danish law nuances."

Thomas Thordal Sevelsted is particularly active on matters involving subscription credit facilities. He also assists with real estate and project financing mandates and mainly acts for banks, investment firms and asset managers.

"Thomas is always reachable and offers a high-level service."

"Thomas is a highly skilled, excellent and sophisticated lawyer in the financing field."


Chambers and Partners Global 2023, Banking & Finance

Capital Markets

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Steen Jensen advises clients on ECM transactions, including passporting and takeovers. He recently assisted Exiqon with its DKK1 billion public-to-private takeover by Oncotec.

David Moalem provides regulatory advice on capital markets-related matters. He assisted Lundbeck with the implementation of a new capital markets compliance set-up in light of the new EU Market Abuse Regulation. Clients say: "He gives very practical advice which we can easily implement and he provides very good service."

Chambers and Partners Global, Capital Markets

Banking & Finance

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Bech-Bruun (...) boasts of a very credible banking and capital markets offering.

The firm’s previously acquisition finance-focused banking practice has broadened in focus and now regularly acts on large asset financings, project financing and regulatory mandates. It often represents the borrowers and lenders on deals involving the aviation, manufacturing and real estate sectors.

Research period review (2021/2022)
In banking the firm was mainly active in acquisition finance for both borrowers and lenders advising notable clients primarily in the banking and financial services sectors. It also did work in energy finance as well as real estate finance.

Client feedback
"The firm provides commercially sensible advice – and also is extremely good at setting the strategy for such cases. They are very responsive and always balance the legal implications with the commercial implications."

IFLR 1000, Banking and finance, 2022

Capital Markets

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Bech-Bruun is recognised for its strong M&A, projects and restructuring and insolvency teams. It also boasts of a very credible banking and capital markets offering.

In capital markets the firm is particularly strong on the equity side, where it consistently acts on IPOs on Nasdaq Copenhagen, but also has strong capabilities in supporting debt and structured finance transactions.

Research period review (2021/2022)
In debt capital markets the firm maintains its strong position in bond/notes issuances and hybrid securities, advising mainly the issuers. The equity capital markets team was visible in the IPO space, where it notably advised on Green Hydrogen Systems’ IPO.

Recent Deal Data highlights

  • Alm Brand €1.5 billion rights offering
  • Copenhagen Infrastructure Partners €850 million financing
  • CVC Capital Partners €2.5 billion acquisition of Star
  • Danfoss €2.5 million bond issue
  • Green Hydrogen Systems’ Nasdaq IPO
  • Lunar €210 million acquisition of Swedish Lendify
  • Welltec International $325 million 8.25% senior secured notes issue 

Banking & Finance

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Ranked: Tier 1

Bech-Bruun‘s team maintains its ‘excellence and deep experience‘ in cross-border acquisition financings, whilst also advising on asset transactions, energy project financings, and real estate finance matters. The team is also adept at asset financings, particularly concerning rolling stock, aircraft and ships. Group head Morten Krogsgaard is an international financial law specialist who advises domestic and international companies, private equity funds and financial institutions. Praised for his ‘strong work ethic‘, Thomas Thordal Sevelsted assists a number of banks and investment management companies with the financing of their acquisitions, refinancings, and the private placement of senior notes.

'Bech-Bruun’s team is extremely competent, thorough and knows exactly what the client needs. They are highly skilled and never let us down.’

‘Thomas Thordal Sevelsted and his team are among the best within finance and offer insight in all relevant aspects of financing. They demonstrate excellence and deep experience, and are extremely sophisticated in their advice.’

‘Thomas Thordal Sevelsted has a well-found theoretical foundation and a very pragmatic approach towards his cases and is delivering great service to his clients.’

‘The team is highly skilled and the service level is outstanding. Any projects are run with the outmost care. The team is always available.’

‘Thomas Thordal Sevelsted maintains a high service level and a strong work ethic.’

Legal 500, Banking and Finance, 2023

Capital Markets

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Ranked: Tier 2

Bech-Bruun‘s capital markets and regulatory practice frequently advises domestic and international stock broker companies and alternative investment fund managers on de-listings, securities trading work and secondary offerings. David Moalem and Steen Jensen co-head the practice. Moalem has vast expertise in regulatory matters and often advises financial institutions and payment services providers on buyback programs and multilateral trading facilities, and Jensen specialises in P2P transactions, takeover bids and prospectuses. International financial law specialist Morten Krogsgaard often advises banks and private equity funds on bond issuances and structured products. 

Legal 500, Capital Markets, 2023

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