BANKING AND FINANCE
BKH Law advises international and Danish financial institutions, other lenders, funds, FinTech, crowdfunding platforms and commercial borrowers in connection with negotiation, drafting and the execution of financial contracts. Our industry team assists with establishing optimal loan structures and often in collaboration with our international network.
We have extensive experience with commercial loans, security packages, FinTech, acquisition financing, (convertible) bonds, project financing, mezzanine as well as other hybrid financing agreements, syndicated loans, inter-creditor agreements, restructuring and financial regulation, including close dialogue with the Danish Financial Supervisory Authority (FSA).
BKH Law advises on the activities of board of directors. Corporate Governance continues to grow as a central indicator, that businesses are (e)valued on.
Our attorneys have personal experiences as board members and therefore provide advise at a level eye. Our skill-sets include, among other things, corporate law, general meetings, rules of procedure and management instructions, guidelines for corporate governance, CSR, liability and dispute resolution.
BKH Law advises listed companies and other market participants. We have a high expertise advising businesses in connection with listings and emissions, especially on the growth market Nasdaq First North.
BKH Law is as just the second law firm outside the U.S. (and the only law in Denmark) approved to serve as sponsor on the American OTC Markets (OTCQX/QB). The approval provides us with an unique option to assist companies obtaining access to investors in the U.S., which is the largest capital market in the world.
BKH Law advises on listings, emissions (primary and secondary), capital markets law, take overs and corporate governance. Our team works closely with specialists from our other practices areas, mainly mergers and acquisitions and commercial, corporate and trust law, to ensure a thorough and smooth.
COMMERCIAL, CORPORATE AND TRUST LAW
BKH Law advises on all matters regarding establishment and change in companies, businesses and funds. Our skill-sets include, among other things, choice of corporate form, matters on ownership and capital, general meetings and management in general, Corporate Governance, mergers, demergers, liquidations and transfers of securities. We have extensive experience dealing with the Danish Business Authority.
We have in-depth experience assisting our clients with contract negotiations, including in connection with sale and purchase agreements, joint ventures, strategic alliances, cooperation agreements, production and supply agreements, outsourcing and drafting of general terms of delivery.
COMPLIANCE & INTERNAL INVESTIGATIONS
BKH Law advises international and Danish businesses on legal risk management. In a heavily digitalized and globalized world, there is a need for standardization of employees’ and business partners’ commercial conduct in order for businesses to credibly meet the increasing regulations. It is especially important to secure your legal risk profile during rapid growth in order to reduce limitations in your competitive capacity, decrease in quality or inflexible internal processes as well as assignment of responsibilities.
Our experiences include, among other things, internal investigations, drafting of compliance guidelines, data protection, anti-corruption (UK Anti-Bribery/FCPA), whistleblower arrangements as well as assisting in and preparing audits.
DATA PROTECTION LAW AND INFORMATION SECURITY
BKH Law advises both Danish Danish as well as international companies on all data protection law aspects in a business-oriented perspective, including but not limited to preparation of records of processing activities, internal procedures and policies, determination of technical and organisational security measures, transfer of personal data to countries outside the EU/EEA, handling of data breaches, assessment of data processing agreements, and due diligence investigations in connection with corporate acquisitions.
BKH Law conducts arbitration and litigation cases for international and Danish businesses. We conduct cases before the Danish courts on all levels, including the Danish Supreme Court.
Our advice takes into account, that disputes may be burdensome and therefore have great commercial significance. We assist with settlement negotiations but also with planning and executing procedural steps and strategies, including issuing statement of claims, drafting pleadings, court hearings, compositions of arbitral tribunals and injunctions.
E-COMMERCE, MARKETING AND CONSUMER LAW
BKH Law advises on all matters concerning businesses e-trade concepts and marketing. Regulations concerning consumer marketing continues to grow in complexity and bulk, and we possess the crucial qualifications to assist the retail industry in regards to particularly these customers.
Our experiences include, among other things, disclosure requirements in e-trade, drafting of standard terms of delivery, right of cancellation, data protection, intellectual property matters, marketing and consumer law.
BKH Law advises on employment related matters that arise between employers and employees.
We represent employers, board members and managers, and our skill-sets include, among other things, service and employment contracts, salaried employees, substitute workers, on-call workers, incentive programs, secondment of employees, terminations, employee handbooks and policies, business transfers, internal investigations and dispute resolution.
FOREIGN BUSINESSES’ ESTABLISHMENT IN DENMARK
BKH Law advises foreign businesses on their establishment in Denmark. We work closely with the Ministry of Foreign Affairs (Invest in Denmark) and prepare with our clients the smoothest establishment in everything from choice of corporate form, matters on VAT and tax, employment, leaseholds, as well as work and residency permits.
BKH Law has an in-dept experience as an advisor regarding IT-related issues and IT contracts to both suppliers and customers of IT services. BKH Law advises Danish as well as international companies engaged in the development, distribution and sale of IT products. Further, BKH Law advises contracting authorities in connection with public procurement of IT-products.
Our team of specialists has an extensive knowledge about the legal basis of IT law as well as the technical and business challenges over clients are facing.
MERGERS AND ACQUISITION
BKH Law has extensive experience advising international and Danish businesses on mergers and acquisitions in Denmark. We work closely with investment banks and corporate finance advisory teams to ensure an optimal transactional structure for our clients.
Our experiences include venture capital, private equity, joint ventures/strategic alliances, generational successions and equity crowdfunding. We assist with, among other things, cross-border project management, negotiation of sale/purchase and investment agreements as well as shareholders’ agreements.
BKH Law advises private equity funds and other investors in connection with fundraising, establishment of funds/investment vehicles and individual investment structures. We include in our advice, among other things, the latest international trends and terms from ILPA, IPEV Guidelines as well as from EVCA and BVCA.
Our experiences include investment and shareholders’ agreements, including investment management agreements, limited partnership agreements and carried interest contracts, regulation of Alternative Investment Fund Managers, Information Memoranda, assistance to general partners concerning their special requirements, legal opinions, ILPA statements, preparation of incentive programs, internal businesses processes according to IMA, due diligence, investment in as well as sale/purchase of businesses (M&A), exits, liquidation of funds and distribution of dividends according to waterfall agreements.
INTERLECTUAL PROPERTY RIGHTS
BKH Law advises on any intellectual property issues, including but not limited to trademarks, designs domain names, patents, utility models, and marketing law.
Our team of specialists has an extensive experience with drafting and negotiation of contracts regarding transfer, cooperation on and licensing of intellectual property rights, due diligence investigations in connection with corporate acquisitions and handling of disputes before national and international courts and arbitration tribunals.
BKH Law advises the real estate industry in connection with property development, sale and purchase of commercial and residential properties, as well as matters of tenancy, projects and dispute resolution.
Our experiences include, among other things, drafting and negotiating purchase agreements, due diligence, advice on optimal financing and purchase structures, drafting (commercial) lease agreements, termination and vacation, assistance with optimizing investment properties, registrations in the land registry, liability and dispute resolution.