Tolling Agreement Template for Denmark

A Tolling Agreement lets parties pause the legal time limit for filing a lawsuit, which is particularly important under Danish limitation periods (forældelsesfrister). It's commonly used when companies need more time to negotiate a settlement or investigate claims without worrying about missing their deadline to sue.

Danish courts recognize these agreements as valid tools for managing dispute resolution, though they must be specific about which claims are being tolled. They're especially useful in complex commercial disputes, construction cases, and professional liability matters where gathering evidence takes time. The agreement must follow Danish contract law principles and clearly state the new deadline for legal action.

Consider a Tolling Agreement when you're approaching Denmark's legal deadlines (forældelsesfrister) but need more time to resolve a dispute. This proves especially valuable during complex negotiations, when gathering technical evidence in construction disputes, or investigating professional liability claims where rushing to court might damage business relationships.

The agreement makes particular sense when both parties benefit from avoiding immediate litigation. For example, Danish companies often use them during merger discussions to preserve potential claims while focusing on deal completion, or in multi-party construction disputes where establishing fault requires detailed expert analysis. Just ensure the agreement specifies exact claims and new deadlines under Danish law.

• Basic Time Extension: The simplest form of Tolling Agreement in Denmark, pausing the limitation period for a specific claim without additional conditions
• Conditional Tolling: Includes specific requirements both parties must meet during the tolling period, like information sharing or maintaining confidentiality
• Limited-Scope Agreement: Covers only certain claims or issues while letting others continue under normal limitation periods
• Rolling Extension: Allows automatic renewal of the tolling period unless either party gives notice to terminate
• Multi-Party Agreement: Coordinates tolling across several parties, common in Danish construction disputes or corporate transactions

• Corporate Legal Departments: Often initiate Tolling Agreements to preserve claims while exploring settlement options or conducting internal investigations
• Construction Companies: Use these agreements extensively in Danish building disputes to allow time for expert assessments
• Professional Service Firms: Accountants, architects, and consultants employ them when facing potential liability claims
• External Law Firms: Draft and negotiate the agreements, ensuring compliance with Danish limitation laws
• Insurance Companies: Participate when claims involve covered risks, especially in professional liability cases
• Corporate Directors: Must approve these agreements when they involve significant company claims or liabilities

• Identify Claims: List all potential legal claims to be tolled, including specific dates and relevant limitation periods under Danish law
• Define Parties: Gather full legal names and registration details of all involved entities, including signing authority documentation
• Set Timeline: Determine exact start and end dates for the tolling period, considering Danish statutory deadlines
• Specify Conditions: Draft clear terms about information sharing, confidentiality, and any ongoing obligations during the tolling period
• Review Requirements: Our platform ensures your agreement includes all mandatory elements under Danish law, minimizing drafting errors
• Document History: Compile relevant correspondence and prior agreements that might affect the tolling terms

• Identification Section: Full legal names and details of all parties, including Danish CVR numbers
• Claims Description: Precise definition of which legal claims are being tolled, with reference to specific events or disputes
• Time Provisions: Clear start date, end date, and any extension mechanisms under Danish limitation laws
• Preservation Terms: Requirements for maintaining evidence and documents during the tolling period
• Governing Law: Explicit statement that Danish law governs the agreement
• Signature Block: Proper execution format following Danish contract requirements
• Confidentiality Terms: Rules about sharing information during the tolling period
• Termination Rights: Conditions for ending the agreement early

A Tolling Agreement often gets confused with a Conciliation Agreement, but they serve different purposes in Danish dispute resolution. While both help avoid immediate court action, they work differently.

• Primary Purpose: Tolling Agreements pause legal deadlines to allow time for investigation or negotiation, while Conciliation Agreements actively work to resolve the dispute through a structured process
• Time Effect: Tolling simply stops the clock on limitation periods, whereas Conciliation creates a framework for reaching a settlement within a specific timeframe
• Mediator Involvement: Conciliation requires a neutral third party, while Tolling Agreements operate directly between the parties
• Legal Commitment: Tolling preserves legal rights without committing to resolution terms, but Conciliation involves actively working toward settlement
• Outcome Focus: Conciliation aims for a final resolution, while Tolling merely maintains the status quo during negotiations