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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 />

(7) Provided that it covers risks under insurance class 10, cf. annex 7, no. 10, excluding the<br />

carrier's liability, the insurance company shall also appoint a representative who is domiciled or<br />

established in Denmark. The representative shall be authorised to obtain all necessary<br />

information regarding claims and to represent the insurance company in relation to injured<br />

parties who may make claims, and with regard to the payment of such claims.<br />

(8) In accordance with subsection (7), the representative shall also be authorised to represent<br />

the insurance company in relation to the authorities as well as in legal proceedings against the<br />

insurance company in connection with the claims mentioned in subsection (7).<br />

(9) In accordance with subsection (7), the representative may not carry out or participate in<br />

any form of direct insurance activities, and the appointment of the representative shall not, in<br />

itself, be considered an establishment of a place of business, cf. section 34.<br />

(10) The insurance company shall inform the Danish FSA of any changes regarding the<br />

conditions mentioned in subsection (5), no. 2 and subsection (1), 2nd clause no later than at<br />

the time the change is implemented.<br />

32. A foreign undertaking may use the same name as it uses in its home country. If there is a<br />

risk of confusing said name with a name used in Denmark, the Danish Commerce and<br />

Companies Agency may require an explanation to be added to the name.<br />

Special regulations regarding foreign credit institutions and investment firms<br />

33.-(1) A foreign credit institution and investment firm, which has been granted a license in a<br />

country outside the European Union, with which the Community has not entered into an<br />

agreement for the financial area, is required to obtain a license from the Danish FSA to carry<br />

out services with securities trading in Denmark.<br />

(2) The Danish FSA may refuse to grant a license, if the legislation in the country, where the<br />

credit institution and the investment firm have been granted a license and are under<br />

supervision, will complicate the work of the Danish FSA.<br />

(3) The Danish FSA shall lay down more detailed regulations regarding the license procedure,<br />

including regulations as to the type of documentation required by the Danish FSA in connection<br />

with the application.<br />

Special regulations regarding foreign insurance companies<br />

34.-(1) An insurance company's established place of business shall mean:<br />

1) The registered office stated in the articles of association.<br />

2) A branch.<br />

3) An office managed by the staff of a foreign insurance company.<br />

4) An independent person who has a permanent license to act on behalf of a foreign<br />

insurance company in the same way as a branch.<br />

EXCLUDING MINOR AMENDMENTS

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