Investment screening – Foreign Direct Investments (FDI)

We help you navigate the FDI rules

The purpose of the FDI rules is to prevent investments and agreements that pose a threat to national security and public order.

Authorisation to carry out certain transactions must be applied for, whereas other transactions may be approved by the Danish Business Authority to avoid subsequent ex officio checks (voluntary notification).

In addition to actual investments, the rules cover the gaining of control by other means and the conclusion of “special financial agreements”, including certain supply, operating and service agreements.

Our services include:

• Assessment of whether a transaction is subject to the FDI rules and the likelihood of authorisation/approval, including the risk of having to make commitments/accept terms
• Organisation of M&A processes and other contracting in the context of the FDI rules
• Contract drafting with due regard to the FDI rules
• Application procedure, pre-screening, negotiation of commitments and other dialogue with the Danish Business Authority
• Cross-border FDI management

Interdisciplinary team and experience

We have a dedicated team who have dealt at length with the Danish FDI rules since the rules were adopted in the spring of 2021. We work in interdisciplinary teams with our M&A, contract and tendering specialists and engage in ongoing dialogue with the Danish Business Authority about the application of the rules and their practical administration.

Investment screening schemes are introduced and extended across the EU in these years, and we will profit from our international network whenever the screening schemes of other countries are involved.

Contact one of our specialists

Contact one of our specialists for an informal talk of how we can help you in relation to the considerations of whether your transaction is subject to the FDI rules in or outside Denmark, and how it can be handled as expediently as possible, procedurally as well as contractually.