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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 />

question covering the risks mentioned, sections 105-108 and 110-115 of the Road Traffic <strong>Act</strong><br />

shall apply.<br />

(9) The undertaking shall inform the Danish FSA of any changes regarding the conditions<br />

mentioned in subsection (4), nos. 1-4 and subsections (5)-(8) no later than one month before<br />

the change is implemented. If it proves impossible to notify the Danish FSA of the change no<br />

later than one month before the change is implemented, notification must take place without<br />

delay. However, the undertaking shall not inform the Danish FSA of changes regarding the<br />

capital base and solvency ratio of said undertaking.<br />

(10) The provisions laid down in the Public Companies <strong>Act</strong> on branches of foreign companies<br />

shall apply to the branches specified in subsection (1).<br />

31.-(1) A foreign undertaking which has been granted a license to carry out the activities<br />

mentioned in sections 7-11 in another country within the European Union or in a country with<br />

which the Community has entered into an agreement for the financial area, may begin<br />

providing services in Denmark when the Danish FSA has received notification hereon from the<br />

supervisory authorities of the home country. The foreign undertaking may carry out the<br />

activities mentioned in annexes 2-4, 7 and 8 when the supervisory authorities in the home<br />

country have declared that they are covered by the undertaking's license in the home country.<br />

If the foreign undertaking is an insurance company, the Danish FSA shall also have received<br />

the information mentioned in subsections (5) and (6) from the supervisory authorities of the<br />

home country.<br />

(2) Issuance of mortgage-credit bonds, cf. annex 3, may only be carried out by credit<br />

institutions which fulfil the conditions under the Mortgage-Credit Loans and Mortgage Credit-<br />

Bonds etc. <strong>Act</strong>.<br />

(3) If the undertaking is a management company, the undertaking may<br />

1) manage investment undertakings and other collective investment undertakings which<br />

have been approved in the home country, and<br />

2) carry out the activities mentioned in annex 4, schedule A, nos. 3 and 5 and schedule B,<br />

no. 5, if these are covered by the management company's license in the home country.<br />

(4) The procedure mentioned in subsection (1) shall also apply when a management company<br />

delegates the marketing of shares in the host country to a financial undertaking which has<br />

been granted a license under section 9(1) or 10(1).<br />

(5) If the foreign undertaking is an insurance company, the Danish FSA shall obtain the<br />

following information from the supervisory authorities of the home country:<br />

1) a solvency certificate, and<br />

2) a list of the classes of insurance, groups of classes of insurance, and any subsidiary<br />

risks that the insurance company intends to cover in Denmark.<br />

(6) Provided that the insurance company is required to hedge risks under insurance class 10,<br />

cf. annex 7, no. 10, excluding the carrier's liability, the Danish FSA shall also require, from the<br />

insurance company, information on the name and address of the representative mentioned in<br />

subsection (7), as well as a declaration stating that the insurance company is a member of the<br />

Danish Motor Insurers' Bureau. For the insurance contracts in question covering the risks<br />

mentioned, sections 105-108 and 110-115 of the Road Traffic <strong>Act</strong> shall apply.<br />

EXCLUDING MINOR AMENDMENTS

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