Fund Subscription Agreement Template for Denmark

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Key Requirements PROMPT example:

Fund Subscription Agreement

I need a Fund Subscription Agreement under Danish law for a new sustainable energy infrastructure fund, targeting institutional investors with minimum commitment of €10 million, with specific ESG reporting requirements and quarterly drawdown provisions starting March 2025.

What is a Fund Subscription Agreement?

The Fund Subscription Agreement is a crucial document used when investors wish to participate in an investment fund governed by Danish law. It serves as the primary contractual framework establishing the relationship between the fund/fund manager and the investor. This agreement is essential for both retail and professional investors, containing detailed information about the subscription process, investor qualifications, regulatory compliance requirements (including Danish AML regulations), and investment terms. The document ensures that all parties understand their rights and obligations under Danish law, while also addressing key aspects such as payment terms, representations and warranties, and transfer restrictions. The agreement must comply with various Danish regulations, including the Investment Associations Act, Capital Markets Act, and Financial Business Act, making it a comprehensive document that protects both the fund and its investors.

What sections should be included in a Fund Subscription Agreement?

1. Parties: Identification of the Fund, Fund Manager/General Partner, and the Subscriber

2. Background: Context of the fund, its purpose, and the basis for the subscription

3. Definitions: Defined terms used throughout the agreement

4. Subscription Commitment: Details of the subscription amount, unit/share class, and payment terms

5. Subscription Process: Steps for completing the subscription, including documentation requirements

6. Representations and Warranties: Statements and guarantees from both the investor and the fund

7. Anti-Money Laundering Provisions: KYC requirements and compliance with Danish AML regulations

8. Investment Terms: Key terms governing the investment, including fees, expenses, and distribution policy

9. Transfer Restrictions: Limitations on transferring fund interests

10. Termination: Circumstances and process for terminating the subscription

11. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction

12. Notices: Communication procedures between parties

13. Confidentiality: Protection of confidential information

14. Entire Agreement: Integration clause and relationship to fund documents

What sections are optional to include in a Fund Subscription Agreement?

1. Lock-up Period: For closed-end funds or funds with specific holding period requirements

2. Side Letter Provisions: For institutional investors or large subscribers requiring special terms

3. FATCA/CRS Compliance: For funds with international investors or US tax implications

4. Key Risk Factors: Extended risk disclosures for retail investors

5. Sustainable Finance Disclosures: ESG-related disclosures if the fund has sustainability focus

6. Distribution Policy: For funds with specific distribution or reinvestment options

7. Power of Attorney: When required for specific fund operations or investor representations

What schedules should be included in a Fund Subscription Agreement?

1. Subscription Form: Detailed form for investor information and subscription details

2. KYC Documentation Requirements: List of required identification and verification documents

3. Fee Schedule: Detailed breakdown of all applicable fees and charges

4. Investment Strategy: Detailed description of the fund's investment strategy and restrictions

5. Risk Factors: Comprehensive list of investment risks

6. Privacy Notice: GDPR-compliant privacy policy and data processing information

7. Tax Considerations: Overview of relevant tax implications

8. Administrator Details: Contact information and procedures for fund administration

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
Relevant Industries

Financial Services

Investment Management

Private Equity

Venture Capital

Real Estate

Infrastructure

Asset Management

Banking

Insurance

Pension Funds

Alternative Investments

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Client Services

Operations

Fund Administration

Corporate Governance

Finance

Private Banking

Wealth Management

Relevant Roles

Fund Manager

Legal Counsel

Compliance Officer

Investment Officer

Portfolio Manager

Risk Manager

Client Relations Manager

Chief Investment Officer

Chief Financial Officer

Investment Advisor

Fund Administrator

AML Officer

Company Secretary

Director of Operations

Private Banker

Wealth Manager

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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