Consortium Agreement Template for Denmark

A Consortium Agreement lets multiple organizations work together as partners on major projects while staying legally independent. Danish businesses often use these agreements when bidding on large construction projects or applying for EU research funding, as they spell out how the partners will share work, risks, and rewards.

Under Danish contract law, these agreements protect all parties by clearly defining each partner's responsibilities, cost-sharing arrangements, and decision-making rights. They're particularly common in Danish infrastructure projects, where construction firms pool their expertise and resources while maintaining separate corporate identities. The agreement must follow Danish competition rules and typically includes dispute resolution procedures aligned with Nordic legal traditions.

Consider using a Consortium Agreement when your organization needs to collaborate with other companies on projects too large or complex to handle alone. This is especially relevant for Danish companies bidding on major public infrastructure projects, participating in EU-funded research, or joining forces on large-scale renewable energy initiatives.

The agreement becomes essential when multiple partners need to pool resources, share risks, or combine specialized expertise while maintaining separate identities. For example, Danish construction firms often form consortiums for metro expansions or bridge projects, where different companies bring unique capabilities in engineering, materials, and project management. Having clear terms in place before work begins prevents costly disputes and ensures compliance with Danish competition laws.

• Research Consortiums: Common in Danish academic and R&D projects, these agreements focus on intellectual property rights, publication protocols, and data sharing between universities and private companies
• Construction Consortiums: Used for major infrastructure projects, emphasizing risk allocation, work distribution, and joint liability arrangements among builders and contractors
• Public-Private Partnerships: Tailored for government collaboration, with specific provisions for public procurement rules and transparency requirements under Danish law
• Bidding Consortiums: Structured for joint tender submissions, outlining cost-sharing, confidentiality, and competition law compliance
• Project-Specific Consortiums: Customized for time-limited ventures like wind farm development or transportation projects, with clear entry and exit provisions

• Consortium Leaders: Often large Danish companies or organizations who initiate and coordinate the consortium, taking primary responsibility for project management and communication
• Legal Advisers: Danish law firms and in-house counsel who draft and review Consortium Agreements to ensure compliance with competition law and industry regulations
• Project Partners: Companies, research institutions, or public entities who join the consortium, each bringing specific expertise or resources
• Financial Institutions: Banks and investors who provide funding and may need to approve consortium structures
• Public Authorities: Government agencies who oversee compliance, especially in regulated sectors or public procurement projects

• Project Scope: Define clear objectives, timeline, and deliverables for the consortium's work in Denmark
• Partner Details: Gather complete legal information, registration numbers, and authorized signatories from all participating organizations
• Resource Allocation: Document each partner's contributions, including funding, personnel, equipment, and intellectual property
• Governance Structure: Outline decision-making processes, voting rights, and leadership roles within the consortium
• Risk Management: Map potential challenges and liability distribution among partners under Danish law
• Exit Strategy: Plan procedures for partner withdrawal, project completion, or early termination

• Party Information: Full legal names, registration numbers, and authorized representatives of all consortium members
• Project Definition: Detailed scope, objectives, and duration of the consortium's activities
• Contribution Terms: Specific commitments of resources, expertise, and funding from each partner
• Governance Structure: Decision-making procedures, voting rights, and management responsibilities
• Liability Distribution: Clear allocation of risks and responsibilities under Danish law
• Intellectual Property: Rights management and ownership of project outcomes
• Dispute Resolution: Danish jurisdiction choice and conflict resolution procedures
• Termination Provisions: Exit conditions and wind-down procedures

A Consortium Agreement differs significantly from a Business Acquisition Agreement in both purpose and structure. While both involve multiple parties working together, they serve fundamentally different business objectives under Danish law.

• Ownership Structure: Consortium Agreements maintain separate ownership of participating entities, while Business Acquisition Agreements transfer ownership from one party to another
• Duration: Consortiums typically operate for a specific project or time period, whereas acquisitions represent permanent changes in business ownership
• Risk Distribution: Consortium members share risks and responsibilities while maintaining independence; acquisitions consolidate all risks under the purchasing entity
• Regulatory Framework: Consortiums face Danish competition law scrutiny regarding temporary collaboration, while acquisitions must meet merger control requirements
• Resource Management: Consortiums pool resources temporarily with defined contribution limits; acquisitions involve complete transfer of assets and operations