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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 />

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

agreement.<br />

(6) Owners of capital holding an interest of at least 10 per cent, and who intend to reduce said<br />

interest so that it falls below one of the limits stipulated in subsection (1), shall give the<br />

Danish FSA notification hereof and state the size of the intended future interest.<br />

(7) Where a financial undertaking or a financial holding company learns of acquisitions or<br />

sales as specified in subsections (1) and (6), said undertaking or holding company shall<br />

immediately notify the Danish FSA hereof.<br />

(8) <strong>Financial</strong> undertakings and financial holding companies shall, no later than February each<br />

year, submit information to the Danish FSA of the names of the owners of capital who own<br />

qualifying interests in the financial undertaking or the financial holding company as well as<br />

information on the sizes of said interests.<br />

62.-(1) Where owners of capital holding one of the interests mentioned in section 61(1) in a<br />

financial undertaking or a financial holding company act contrary to appropriate operation of<br />

said undertaking or holding company, the Danish FSA may order said undertaking or holding<br />

company to follow specific guidelines and withdraw the voting rights associated with the equity<br />

investments of the relevant owners.<br />

(2) The Danish FSA may withdraw the voting rights associated with equity investments owned<br />

by natural or legal persons who do not comply with the duty to submit to the Danish FSA prior<br />

notification mentioned in section 61(1). Said equity investments shall have their full voting<br />

rights restored if the Danish FSA is able to approve the acquisition.<br />

(3) The Danish FSA shall withdraw the voting rights associated with equity investments owned<br />

by natural or legal persons who have acquired equity investments as specified in section 61(1)<br />

notwithstanding the fact that the Danish FSA has refused approval of this acquisition of equity<br />

investments.<br />

(4) Where the Danish FSA has withdrawn voting rights pursuant to subsections (1)-(3), the<br />

relevant equity investment shall not be included in calculations of the voting capital present at<br />

general meetings.<br />

63.-(1) The Danish FSA shall be notified prior to any direct or indirect acquisition by a<br />

financial undertaking or a financial holding company of a qualifying interest in a foreign<br />

financial undertaking as well as of such increases in the qualifying interest which mean that<br />

said interest comprises or exceeds a limit of 20 per cent, 33 per cent, or 50 per cent,<br />

respectively of the voting rights or share capital of the company, or that the foreign financial<br />

undertaking becomes a subsidiary undertaking. Such notification shall include information on<br />

the country in which such an undertaking is established.<br />

(2) <strong>Financial</strong> undertakings and financial holding companies holding an interest of no less than<br />

10 per cent in a foreign financial undertaking, and which intend to reduce said interest so that<br />

it falls below one of the limits mentioned in subsection (1) shall give the Danish FSA<br />

notification hereof and state the size of the intended future interest.<br />

EXCLUDING MINOR AMENDMENTS<br />

(3) Where the foreign financial undertaking becomes a subsidiary undertaking, the notification<br />

to the Danish FSA shall include the following information on the subsidiary undertaking:

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