Financial Business Act.pdf
Financial Business Act.pdf
Financial Business Act.pdf
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While this translation was carried out by a professional translation agency, the text<br />
is to be regarded as an unofficial translation based on the latest official Consolidated<br />
<strong>Act</strong> no. 286 of 4 April 2006. Only the Danish document has legal validity.<br />
October 2006, GlobalDenmark Translations<br />
carrying out statutory audits of the accounts of the financial undertaking, cf. however<br />
subsections (9) and (10).<br />
16) The government customs and tax authorities in cases covered by section 6 D(2) of the<br />
“skattekontrolloven” (act on tax control).<br />
17) The Supervisory Authority on Auditing and the ”Disciplinærnævnet for Statsautoriserede<br />
og Registrerede Revisorer” (the disciplinary board for state-authorised public<br />
accountants and registered public accountants) for the performance of their duties.<br />
18) The Faroese Minister of Finance, as part of the responsibility for economic stability in<br />
the Faroe Islands and for crisis management of financial undertakings in the Faroe<br />
Islands.<br />
19) The Greenlandic Minister for Industry, Agriculture and Labour Market, as part of the<br />
responsibility for economic stability in Greenland and for crisis management of financial<br />
undertakings in Greenland.<br />
20) The standing committee of the Faroese Parliament regarding the general financial<br />
circumstances of a Faroese financial undertaking as part of parliamentary supervision of<br />
the Faroese administration with respect to Faroese financial undertakings which are in<br />
suspension of payments or under bankruptcy proceedings where the Faroese<br />
Government grants guarantees or funds for the winding-up of said undertaking.<br />
21) The standing committee of the Greenlandic Parliament regarding the general financial<br />
circumstances of a Greenlandic financial undertaking as part of parliamentary<br />
supervision of the Greenlandic administration with respect to Greenlandic financial<br />
undertakings which are in suspension of payments or under bankruptcy proceedings<br />
where the Greenlandic Government grants guarantees or funds for the winding-up of<br />
said undertaking.<br />
(6) All those receiving confidential information from the Danish FSA under subsections (4) and<br />
(5) shall fall under the duty of confidentiality specified in subsection (1) with regard to said<br />
information.<br />
(7) Confidential information received by the Danish FSA shall only be used in the course of its<br />
supervisory duties, to impose sanctions, or where appeals are made against the decision of the<br />
Danish FSA to a higher administrative authority or where such a decision is brought before the<br />
courts of law.<br />
(8) Access to issue confidential information to the standing committee of the Danish<br />
Parliament under subsection (5), no. 8 shall be limited to documents in cases which have been<br />
established in the Danish FSA after 16 September 1995. As regards mortgage-credit<br />
institutions, this limitation shall apply to documents in cases which have been established in<br />
the Danish FSA after 1 June 1995. Access to issue confidential information to the standing<br />
committee of the Faroese Parliament under subsection (5), no. 20, and to the standing<br />
committee of the Greenlandic Parliament under subsection (5), no. 21, shall be limited to<br />
documents in cases which have been established in the Danish FSA after 1 January 2006.<br />
(9) Information may only be divulged pursuant to subsection 5, no. 15<br />
1) on the basis of an international co-operation agreement, and<br />
2) provided that the recipients of said information are, at a minimum, subject to a<br />
statutory duty of confidentiality corresponding to the duty of confidentiality pursuant to<br />
subsection (1) and that said recipients require said information to perform their duties.<br />
EXCLUDING MINOR AMENDMENTS<br />
(10) Confidential information from countries within the European Union or countries with<br />
which the Community has entered into an agreement for the financial area shall only be