The Fund Distribution Agreement is essential for investment fund companies seeking to distribute their funds through third-party distributors in Denmark. This agreement is required when establishing new distribution relationships and must comply with Danish financial regulations, including the Danish Financial Business Act and MiFID II implementation requirements. It sets out the framework for how funds can be marketed and sold to investors, covering regulatory obligations, operational procedures, and commercial terms. The document is particularly important given Denmark's strict financial services regulations and the need to ensure proper investor protection. It includes detailed provisions on distributor obligations, compliance requirements, commission structures, and service levels, while ensuring adherence to Danish and EU regulatory requirements.

1. Parties: Identification of the fund company/management company and the distributor, including regulatory status and authorizations

2. Background: Context of the agreement, including brief description of the funds and distribution arrangement

3. Definitions: Key terms used throughout the agreement, including regulatory terminology

4. Appointment and Scope: Terms of distributor appointment, territory, and scope of distribution rights

5. Regulatory Compliance: Obligations regarding regulatory requirements, licenses, and authorizations

6. Distribution Services: Detailed description of permitted distribution activities and service levels

7. Marketing and Promotion: Rules for marketing the funds, approval processes, and compliance with marketing regulations

8. Subscription and Redemption Procedures: Process for handling investor transactions and related documentation

9. Fees and Commission: Commission structure, payment terms, and any trailer fees

10. Anti-Money Laundering and KYC: AML/KYC obligations and procedures

11. Representations and Warranties: Standard and regulatory-specific representations from both parties

12. Record Keeping and Reporting: Requirements for maintaining records and providing reports

13. Data Protection: GDPR compliance and data handling requirements

14. Term and Termination: Duration, renewal, and termination provisions

15. Confidentiality: Protection of confidential information

16. Liability and Indemnification: Allocation of liability and indemnification obligations

17. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction provisions