Funds Flow Memorandum Template for Denmark

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Key Requirements PROMPT example:

Funds Flow Memorandum

I need a Funds Flow Memorandum under Danish law for a renewable energy project financing transaction closing on March 15, 2025, involving multiple international lenders and an escrow arrangement with transfers in both EUR and DKK.

What is a Funds Flow Memorandum?

The Funds Flow Memorandum is an essential document in complex financial transactions under Danish law, typically used in project finance, corporate lending, acquisitions, and other significant financial arrangements. It provides a detailed roadmap for the movement of funds between various parties, ensuring compliance with Danish financial regulations, including the Financial Business Act (Lov om finansiel virksomhed) and Money Laundering Act (Hvidvaskloven). The document is particularly crucial when multiple parties, accounts, and jurisdictions are involved, as it helps prevent errors, ensures regulatory compliance, and creates a clear audit trail. The Funds Flow Memorandum includes specific payment instructions, timing requirements, conditions precedent, and verification procedures, serving as the primary reference document for all parties involved in executing the financial aspects of the transaction.

What sections should be included in a Funds Flow Memorandum?

1. Parties: Identification of all parties involved in the funds flow, including paying and receiving entities, banks, and intermediaries

2. Background: Context of the transaction and purpose of the funds flow memorandum

3. Definitions: Key terms used throughout the document

4. Transaction Overview: High-level summary of the entire funds flow structure

5. Funding Sources: Details of where the funds are coming from, including specific accounts and entities

6. Fund Flow Steps: Detailed, numbered sequence of fund transfers, including amounts, timing, and payment instructions

7. Payment Instructions: Specific bank account details and transfer requirements for each payment

8. Timing and Conditions Precedent: Specific timing requirements and conditions that must be met before transfers can occur

9. Compliance Requirements: AML, KYC, and other regulatory requirements that must be satisfied

10. Confirmation and Verification: Requirements for confirming receipt of funds and verifying transfers

11. Contact Details: List of key contacts for each party involved in the transfers

What sections are optional to include in a Funds Flow Memorandum?

1. Currency Exchange Provisions: Required when transfers involve multiple currencies, specifying exchange rates and conversion timing

2. Escrow Arrangements: Needed when funds are to be held in escrow as part of the transaction

3. Security Requirements: Include when transfers are subject to security arrangements or collateral requirements

4. Tax Considerations: Required when there are specific tax implications or withholding requirements

5. Force Majeure: Optional section dealing with circumstances that might prevent or delay transfers

6. Contingency Arrangements: Include when alternative transfer arrangements need to be specified

What schedules should be included in a Funds Flow Memorandum?

1. Schedule 1 - Funds Flow Diagram: Visual representation of the flow of funds between parties

2. Schedule 2 - Bank Account Details: Comprehensive list of all relevant bank account information

3. Schedule 3 - Transfer Timeline: Detailed timeline showing all transfer steps and dependencies

4. Schedule 4 - Required Forms: Templates of any forms required for the transfers

5. Schedule 5 - Compliance Certificates: Templates of required compliance and verification certificates

6. Appendix A - Supporting Documentation: List of all required supporting documents

7. Appendix B - Transfer Confirmation Forms: Templates for confirming receipt of funds

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

Banking and Finance

Private Equity

Infrastructure

Real Estate

Energy

Construction

Manufacturing

Technology

Healthcare

Transportation

Telecommunications

Investment Management

Project Finance

Corporate Finance

Relevant Teams

Treasury

Finance

Legal

Compliance

Operations

Risk Management

Corporate Finance

Transaction Management

Settlement

Banking

Project Management

Investment

Fund Administration

Financial Control

Relevant Roles

Treasury Manager

Finance Director

Chief Financial Officer

Financial Controller

Account Manager

Transaction Manager

Compliance Officer

Legal Counsel

Project Manager

Investment Manager

Fund Administrator

Corporate Finance Manager

Banking Relationship Manager

Operations Manager

Risk Manager

Settlement Officer

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