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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 />

6) ”Finance institution” shall mean:<br />

October 2006, GlobalDenmark Translations<br />

An undertaking which is not a credit institution and the main activity of which consists of<br />

acquiring equity investments or in carrying out one or more of the activities specified in<br />

annex 2, nos. 2-12.<br />

7) ”Parent undertaking” shall mean:<br />

An undertaking that<br />

a) holds the majority of the voting rights of an undertaking,<br />

b) holds shares or other interests in the own funds of an undertaking (is a shareholder)<br />

and is entitled to appoint or remove a majority of the board of directors, board of<br />

management or similar management organ of the undertaking,<br />

c) participates in the undertaking and is entitled to exercise a controlling influence on the<br />

undertaking under the articles of association or other agreements with said<br />

undertaking,<br />

d) participates in the undertaking and commands the majority of the voting rights within<br />

the undertaking under agreements with other shareholders or owners of shares of the<br />

own funds within said undertaking, or<br />

e) holds equity investments in an undertaking and exercises a controlling influence on said<br />

undertaking.<br />

8) ”Subsidiary undertaking” shall mean:<br />

An undertaking with which a parent undertaking, directly or indirectly, has one of the links<br />

specified in no. 7.<br />

9) ”Group” shall mean:<br />

A parent undertaking and its subsidiary undertakings.<br />

10) ”<strong>Financial</strong> holding company” shall mean:<br />

a) A parent undertaking, which is not a financial undertaking, of a group where no less<br />

than one of the subsidiary undertakings of said group is a financial undertaking, and<br />

where no less than 40 per cent of the balance sheet total of the group and the parent<br />

undertaking’s associated undertakings pertains to the financial sector, cf. however<br />

subsection (8), or<br />

b) a parent undertaking whose activity exclusively or mainly consists of ownership of<br />

equity investments in subsidiary undertakings which are financial undertakings or<br />

finance institutions, and where at least one subsidiary undertaking is a financial<br />

undertaking.<br />

11) ”Bank holding company” shall mean:<br />

EXCLUDING MINOR AMENDMENTS<br />

A parent undertaking whose activity exclusively or mainly consists of ownership of equity<br />

investments in subsidiary undertakings which are credit institutions or finance institutions,<br />

and where the main activity of the group is to carry out bank activities.

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