Undertakings from countries outside the EU (third countries) must apply to the Danish Financial Supervisory Authority for permission to provide investment services and investment activities (with or without setting up a branch in Denmark). In general, Danish acts and rules apply if a bank or a financial undertaking from a third country provides services or conducts marketing with regard to investors in Denmark. This is the case both if an undertaking operates through a permanent establishment or remotely but enters Denmark for the purpose of meeting customers or otherwise communicates by email, telephone or by other means.
Cross-border services provided by a financial undertaking located in an EU member state is more straightforward than providing services to Denmark from a third country. This is primarily because Danish acts and rules only apply to a limited extent in such situations due to the harmonisation of financial legislation in the EU.
Our legal services include advice on cross-border activities in connection with, but not limited to, new strategies, expansions, loans to undertakings, M&A and financing of assets.