Foreign Direct Investment (FDI)

At MAY Law, we advise Danish and foreign companies on all aspects of foreign direct investment (FDI). FDI regulation is rapidly evolving — both in Denmark, the EU and globally — and places ever greater demands on companies undertaking cross-border investments and strategic collaborations.

The Danish FDI regulations are among the most far-reaching in the world. The rules aim to protect national security and public order and imply that certain investments in and agreements with Danish companies in particularly sensitive sectors require prior approval from the authorities.

Among other things, the FDI regulations cover investments in the defense sector, IT security functions, classified information processing, dual-use products, other critical technology, and critical infrastructure. The rules apply to both direct and indirect investments, including the acquisition of shareholdings or voting rights, as well as so-called equivalent controls by other means. In addition, special economic agreements may be covered if they involve decisive influence.

These developments place significant demands on legal overview, timely process planning and strategic structuring of transactions.

We have solid experience in Danish FDI regulation, and we assist Danish and foreign clients throughout the process and advise on, among other things:

  • assessment of the obligation to approve and notify
  • preparation of pre-screening requests, mandatory applications and voluntary notifications to the Danish Business Authority
  • Dialogue with the authorities
  • structuring investments and agreements to address FDI risks
  • process planning and project management

Through close collaboration with our other specialist groups, we ensure that FDI advice is effectively integrated with M&A, corporate law and commercial considerations - always focusing on supporting your business and the success of the transaction.

Persons
Christian Geertsen
Partner, Lawyer
Christian Witt
Partner, Lawyer (L)
Mads Thejl Hansen
Partner, Lawyer (L)
Michael Kristensen
Partner, Lawyer
Stefan Simmelsgaard
Partner, Lawyer (L)