Beneficial Owner Agreement Template for Denmark

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Beneficial Owner Agreement

I need a Beneficial Owner Agreement under Danish law for our Danish subsidiary company with three beneficial owners based in different EU countries, with specific provisions for quarterly reporting requirements starting from March 2025.

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What is a Beneficial Owner Agreement?

The Beneficial Owner Agreement serves as a critical compliance and governance document in the Danish corporate landscape. It is required when establishing or updating beneficial ownership records for legal entities operating in Denmark, in accordance with the Danish Anti-Money Laundering Act and EU AML directives. This agreement becomes necessary when a company needs to formally document its beneficial ownership structure, typically during company formation, ownership changes, or regulatory updates. The Beneficial Owner Agreement includes detailed information about ownership percentages, control mechanisms, and reporting obligations, while ensuring compliance with the Danish Business Authority's requirements for beneficial ownership registration. It is particularly important in complex ownership structures or when beneficial owners are located in different jurisdictions.

What sections should be included in a Beneficial Owner Agreement?

1. Parties: Identification of the contracting parties - the legal entity and the beneficial owner(s)

2. Background: Context of the agreement, including the legal basis and regulatory framework

3. Definitions: Key terms including 'beneficial owner', 'control', 'ownership interest' as per Danish law

4. Beneficial Ownership Declaration: Detailed declaration of ownership structure and control mechanisms

5. Information Requirements: Specific information the beneficial owner must provide and maintain

6. Reporting Obligations: Obligations to report changes in beneficial ownership to relevant authorities

7. Compliance Requirements: Obligations to comply with Danish AML laws and other relevant regulations

8. Record Keeping: Requirements for maintaining documentation and evidence of beneficial ownership

9. Representations and Warranties: Confirmations and guarantees regarding the accuracy of information provided

10. Confidentiality: Provisions regarding the handling of sensitive ownership information

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction

What sections are optional to include in a Beneficial Owner Agreement?

1. Multiple Beneficial Owners: Additional provisions for cases with multiple beneficial owners, including coordination and joint obligations

2. Corporate Structure Changes: Specific provisions for handling anticipated corporate restructuring or ownership changes

3. Cross-Border Considerations: Additional provisions for beneficial owners based outside Denmark

4. Trust Arrangements: Specific provisions for cases involving trust structures

5. Nominee Arrangements: Provisions for cases involving nominee shareholders or directors

6. Power of Attorney: Authorization for the company to file beneficial ownership information on behalf of the owner

7. Dispute Resolution: Alternative dispute resolution mechanisms beyond standard court proceedings

What schedules should be included in a Beneficial Owner Agreement?

1. Beneficial Ownership Structure Chart: Visual representation of the ownership and control structure

2. Required Information Template: Template for beneficial owner's personal information and ownership details

3. Reporting Timeline: Schedule of reporting deadlines and requirements

4. Supporting Documentation List: List of required documents evidencing beneficial ownership

5. Compliance Checklist: Checklist of ongoing compliance requirements and deadlines

6. Contact Details: Contact information for all relevant parties and authorities

7. Declaration Forms: Standard forms required by Danish authorities for beneficial ownership registration

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Insurance

Investment Management

Real Estate

Professional Services

Manufacturing

Retail

Technology

Energy

Healthcare

Transportation and Logistics

Construction

Mining and Resources

Telecommunications

Relevant Teams

Legal

Compliance

Corporate Governance

Risk Management

Corporate Affairs

Regulatory Affairs

Company Secretariat

Board Secretariat

Finance

Administration

Relevant Roles

Compliance Officer

Legal Counsel

Corporate Secretary

Chief Legal Officer

Risk Manager

Company Director

Board Member

Chief Executive Officer

Chief Financial Officer

AML Officer

Corporate Governance Manager

Regulatory Affairs Manager

Due Diligence Officer

Company Administrator

Corporate Registrar

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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