Foreign Direct Investments

We assist Danish and foreign clients in all aspects of foreign direct investments (FDI).

FDI rules are national rules that apply to foreign investments and certain special financial agreements. The primary purpose of screening such investments is to safeguard the national security of the state in which the investment is to be made.

An increasing number of jurisdictions are introducing new – or expanding their existing – powers to investigate and control certain FDIs. General FDI rules were introduced in Denmark in the summer of 2021.

This development creates an increasingly complex regulatory environment for cross-border M&A and other transactions within what is jointly referred to as particularly sensitive sectors, which include the defence sector, IT security functions, dual-use products, other critical technology and critical infrastructure.

Consequently, to enable successful navigation through this complex regulatory environment, it is necessary to have experienced advisors with a global outreach.

Our advice

Our team of experts assist Danish and foreign clients in planning a successful strategy for navigating the FDI rules.

We advise on all aspects of the screening and approval procedure in connection with investments into and out of Denmark. Our assistance includes:

drafting of pre-screening requests, mandatory applications and voluntary notifications to the Danish Business Authority, and obtaining of approval, including proposals for and negotiation of commitments
conduct of cross-border FDI-screenings

structuring of the transaction to accommodate any FDI concerns
process planning and project management.

Within the FDI area, we work closely with our global network of independent lawyers.

We ensure – by cooperating closely with specialists from Kromann Reumert's other practice areas and with our global network of lawyers – that you always receive interdisciplinary specialist advice combined with commercial understanding.