Issue Note Denmark Informal Guidance

By Rebecca Vikjær-Andresen, CELIS Country Reporter for Denmark and Hussain Raja Abdullah, CELIS Assistant Country Reporter for Denmark.

The Danish Business Authority provides informal guidance and pre-filing dialogue is commonly used to clarify mainly procedural matters. Guidance is also available at the authority’s webpage and in the application forms. In the pre-notification phase, the Danish Business Authority provides for so-called “pre-screening” with the purpose of stating whether an intended investment falls within the scope of the mandatory screening requirement of investments in entities within “critical technology” or “critical infrastructure”. Based on the information provided for the pre-screening, the Danish Business Authority can issue a confirmation that the intended investment does not relate to “critical technology” or “critical infrastructure”. It is not a (pre-)screening of neither the investor nor the investment, but merely a measure to clarify whether the Danish target company is active within sectors that fall within the notions of “critical technology” or “critical infrastructure”. This pre-screening is not available to other sensitive sectors and activities such as the defence sector. The Danish Business Authority can also be requested to issue a confirmation on whether an intended investment is covered by the exemption for Start Ups which exempts certain investments in Start Ups within three years from the incorporation from the otherwise mandatory approval requirement.