Practice Areas

​Foundations and associations of all shapes and sizes are a cornerstone of day-to-day life in Denmark.

We assist the whole spectrum of diverse associations from the smallest newly-started interest groups to multi-million kroner charitable associations. The common denominator shared by these very different associations is the common law of associations. Providing advice to associations calls both for extensive experience and for understanding and sympathy with the culture of the association in question. We assist new associations in the formation process, tailoring the articles of association to their particular needs, and help with the restructuring of associations to reflect modern society. We can also be of assistance with the amalgamation of associations and address the special conditions under which associations frequently operate.

Within charity law, in particular, foundations constitute a viable alternative or supplement to associations. In this connection the special tax and VAT rules to which charitable organisations are subject are of great importance. Over the years we have helped establish, restructure and dissolve a number of commercial and charitable foundations, and we oversee the administration of a number of foundations. We have relevant experience as board members of such entities.

We advise our clients about financial regulation and compliance. We draw upon many years of “in-house” experience when guiding our clients through the complex rules and regulations. We aim to help our clients with practical and workable solutions.

We advice on

• GDPR
• Banking and Finance
• Governance and Lines of Defence
• Reporting obligations
• Danish license requirements
• Regulatory implementation (in practice)
• Insurance | IDD
• Open banking | PSD2
• Payments
• Investment advisers

Real Estate

Buying and selling of real estate – Commercial

SIRIUS advokater provides legal advice relating to matters like:

• Buying and selling real estate (commercial)
• Reviewing easements, conflicts between neighbours, house/land-owner conditions etc.
• Negotiations.
• Drafting trade documents, corrections etc.

Real estate regulations governed by public law

SIRIUS advokater provides legal advice relating to matters like:

• Interpretation and preparation of local plans, projects for local authorities etc.
• Building legislation, including complaints dealt with by central government administration etc.
• Legislation on public highways, compulsory acquisition of land, assessment of compensation, including conducting of cases by the valuation authorities.

Commercial property lease contracts

SIRIUS advokater provides legal advice relating to matters like:

• Concluding, interpreting and terminating commercial property lease contracts.
• Negotiating and assessing rents as well as conducting cases about market rent.

Rankings

The department of construction law, procurement law and real estate at SIRIUS advokater is recommended by the internationally recognized analysis and ranking company Legal500.

• Quote from Legal500 2020: “Excellent on construction law and the team is flexible.”
• Quote from Legal500 2020: “SIRIUS advokater’s professional, dedicated and client-friendly mindset are the main reasons why I have been very satisfied working with SIRIUS advokater over the past years.”
• Quote from Legal500 2020: “The team is carefully representing the client’s interests but also dedicated to find fair solutions.”
• Quote from Legal500 2020: “Sirius’ lawyers are highly skilled experts, they know every corner of real estate and construction law. They are ambitious and thorough, and take great pride in doing their best – every time. When the situation calls for it, they are innovative and able to think out of the box. We are confident, that our legal matters are handled in the best possible way.”
• Quote from Legal500 2020: “The team at Sirius has a keen eye for providing first class commercial advice while balancing the necessity for maintaining the legal angle.”

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We advise both smaller and larger companies and private equity funds within all aspects of M&A and corporate law, including drafting and negotiating of share purchase agreements, shareholders’ agreements, investment agreements, confidentiality agreements, mandate agreements, etc. We establish data rooms, conduct due diligence and advise on corporate structures, restructurings, incentive programs, stock exchange law and corporate governance. We are able to provide advise on the organization of the entire transaction process including all the elements thereof. For larger companies, we can also act as support for the company’s internal process management team. We have an extensive network both in Denmark and internationally within the transaction and corporate finance field. Also, we can assist in selecting the right advisors for the relevant tasks.

In our team we have substantial experience from having assisted many Danish individual owned companies in all types of transaction as well as Danish and international listed and private companies and private equity funds with some of the largest and most complicated transactions in Denmark. We have advised both inbound and outbound in connection with cross border transactions, mergers, demergers and restructuring.

In order to provide targeted and value-adding advice for the client, we emphasize on knowing the client’s business, strategies and visions/goals, and we always spend the required time to gain the necessary insight.

No clients are alike and there can be a significant difference in requests of a large listed company, or a private equity fund compared to what is required by a small individual owned company. It is however our experience that all clients – large or small – gain most value by a dedicated effort by a lean highly qualified team. Consequently, we always work in small teams, structured to the transaction or matter in question, and always with full attention from the responsible partner. To the extent possible we strive to use the same team to the same client in order to ensure the most effective counselling and value for money.

SIRIUS is a fully integrated partnership and all lawyers and departments work together to ensure that we always provide our clients with the best possible advice in all relevant legal areas. We work with lawyers around the world, we have good relations with lawyers in all jurisdictions, and we have extensive experience in organizing and managing our clients’ needs for foreign counseling.

What is needed is an overview of all the separate stages in establishing an independent business:

• Pre-startup considerations (business concept, idea, economy, fee, liability etc.)
• Selection of corporate form
• Practical aspects (registration with the Danish Business Authority, VAT registration, accounting etc.)
• How to handle taxation – what is possible?
• Delimitation between sole trader and conditions of employment

Rankings

The department of commercial, corporate and M&A at SIRIUS advokater is recommended by the internationally recognized analysis and ranking company Legal500.

• Quote from Legal500 2020: “SIRIUS advokater’s professional, dedicated and client-friendly mindset are the main reasons why I have been very satisfied working with SIRIUS advokater over the past years. SIRIUS advokater’s strengths and key capabilities are their short response time, high level of advice and their broad commercial understanding. Compared to other law firms, I believe that I get very good value for money.”
•  Quote from Legal500 2020: “The house covers all aspects of law. They are professional and work great as a team.”
•  Quote from Legal500 2020: “SIRIUS advokater has a very easy going but at the same time very dedicated mindset. I think they are very competent, and I have been very satisfied working with SIRIUS advokater over the past many years. One of SIRIUS advokater’s strengths is their broad commercial understanding.”
•  Quote from Legal500 2020: “Straight forward way of working, not complicating things leading to very reasonable pricing of services provided.”
•  Quote from Legal500 2020: “Sirius is a truly unique firm. They bring real expertise and experience to every assignment.  In addition, they do not just talk about core values, they keep true to those values too.”
•  Quote from Legal500 2020: “Good level of competence in a wide number of areas. Clear information when the issues need attention from someone else with greater expertise.”

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At SIRIUS advokater we regard dispute resolution as a separate and important practice area. Irrespective of whether a dispute may be resolved by ordinary settlement negotiations or mediation, or whether arbitration or legal proceedings in court are necessary, the parties to the dispute are entitled to the expertise that only years of daily practice and experience can provide.

A number of our attorneys are entitled to appear before the Danish High Court (Court of Appeal) and the Supreme Court, and are experienced litigators in courts of all instances and functions. We have attorneys with the experience of having served as judges, endowing them with specific insight into both sides of the bench.

Our extensive litigatory experience gives our clients the assurance that we can handle their lawsuits in the very best way, in keeping with the court in question. In recent years we have worked hard to rationalise our litigation services in order to conduct lawsuits more speedily and cost-effectively to the benefit of our clients.

Furthermore, a number of our attorneys frequently act as mediators appointed by the courts or other institutions. We even teach at Copenhagen University and educate judges, masters students and lawyers in mediation.

We use our experience to think beyond the dispute itself. More particularly, we focus on the interests of the parties and their subsequent situation once the conflict has been resolved. We deem mediation to be one of the best processes for resolving a growing number of conflicts in society.

Our name is now synonymous with competent dispute management, and we act as representatives for parties to litigation, arbitration proceedings and mediation processes, or as appointed mediators and arbitrators.

Rankings

The department of dispute resolution, arbitration and mediation at  SIRIUS advokater is recommended by the internationally recognized analysis and rating company Legal500.

• Quote from Legal500 2020: “A very specialised team in construction law, broad competences within dispute resolution, including mediation, and professional attitude.”
• Quote from Legal500 2020: “Sirius advokater are expert lawyers who always take great care in meeting their clients needs – they fully understand our way of doing business. They are highly skilled and experienced in dispute resolution, and have taken numerous cases to court for us. We are fully confident that this is done in the best possible way, and we usually win! A number of the cases have been significant leading cases concerning construction law. Sirius lawyers are highly respected among judges and legal colleagues. The people at Sirius are always kind and accommodating, easy to reach and the price is reasonable.”
• Quote from Legal500 2020: “Deep knowledge of construction law and practices in Denmark, so they inspire confidence in their recommendations. Also, very involved in the case.”

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Employers and employees alike are affected by Employment and Labour Law, which is regulated nationally as well as internationally by legislation, EU treaties and the European Convention on Human Rights. In addition to these come the agreements made by employers and employees between themselves.

Besides having an overview of the relevant regulations, SIRIUS advokater aims to cover the gamut of possibilities, which can provide a basis for individual solutions and take the needs of both parties into consideration.

The workplace is impacted by the underlying legal framework. We advise on the possibilities of using Labour and Employment Law as a management tool under current employment conditions and as a tool to attract and retain the right employees. As a sparring partner for the company’s HR managers, we offer proactive consultancy, which prepares the company to meet the conditions of tomorrows labour market.

SIRIUS advokater is characterised by a high degree of specialisation in conducting lawsuits. We assist in the resolution of disputes. At the same time it is our opinion that cases can often be resolved more satisfactorily and cheaply by negotiation, mediation and settlement, which is why we are constantly looking for alternative solutions.

When you work with Employment and Labour Law, you work with human beings. SIRIUS advokater is aware that our advice may have great implications for the relationship between employer and employee. This is why, in dialogue with our clients, we discuss both the human aspect and the personnel policy angle and are always available for an open dialogue.

Rankings

The department of employment and labour law at SIRIUS advokater is recommended by the internationally recognized analysis and rating company Legal500.

• Quote from Legal500 2020: “Best legal advice on HR and employment issues; transparent and reasonable billing practice.”
• Quote from Legal500 2020: “A forward thinking and dynamic firm with a modern approach to law.”
• Quote from Legal500 2020: “Excellent, knowledgeable and very prompt to respond”

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The insolvency department at SIRIUS advokater provides solutions when the clients are involved in situations that are characterised by financial difficulties. We will develop an in-depth understanding of the client’s situation and do our utmost to secure the best result possible for the client’s business in the circumstances – also in difficult and contentious situations.

We are very experienced in areas such as bankruptcy, restructuring, preservation of assets and sale and purchase of distressed enterprises or assets as well as in conducting litigation relating to financial difficulties.

The negotiated solution and a focus on good future relations are the starting point of our solution-driven approach to the client’s challenges – coupled with the coercive measures available under the law, if the circumstances so require.

Our legal services include:

• Bankruptcy and voluntary and compulsory liquidation
• Restructuring, including business transfers and compulsory arrangements with creditors
• Litigation, including with regard to avoidance, liability, adjudication of claims and disqualification of directors
• Handling of fraud, including preservation of assets and rights
• Agreements with insolvent business partners
• Handling of insolvent enterprises or properties
• Sale and purchase of insolvent enterprises
• Sale and purchase of assets from insolvent enterprises
• Voluntary agreements and judicial arrangements concerning handling of debts
• Debt recovery, including handling of complicated debtors and objections

SIRIUS advokater provides legal assistance to injured persons in compensation and insurance matters. We offer help in all types of injuries, e.g. injuries caused by road accidents, industrial injuries, patient injuries and injuries caused by violence and sexual abuse.

The injured person

When a person has been injured, support and professional advice are needed. SIRIUS advokater has the requisite experience in this area to provide professional advice. It is important to us that the injured party feels safe about the work we provide. We safeguard the injured party’s interests in dealings with the insurance company.

We offer our help with assessing lost earnings, compensation in cases of permanent injury, loss of working capacity and medical costs. Similarly, we assist in gathering the necessary documents and take the case to the National Board of Industrial Injuries. In cases where the offender is known, it is possible to have the injured party’s legal expenses covered in part or in full. If the injury is covered by accident or pensions insurance, we assist with the hearing of the case in dealings with the insurance company.

Victims of violence and sexual abuse

SIRIUS advokater assists victims of violence during the case and helps by preparing an insurance claim to be used by the Criminal Injuries Compensation Board. We are particularly experienced in cases concerning child abuse. If a person has been attacked or exposed to violence or rape, they are entitled to free legal aid. The attorneys at the Department of Insurance and Compensation in SIRIUS advokater function as court-appointed attorneys. It is the court that decides when a person is entitled to have an attorney appointed. The authorities will pay the appointed attorney’s expenses.

Questions concerning social matters

When an accident occurs, a person may need advice regarding social matters, e.g. questions about sickness benefits, dismissal, flexible working hours and early retirement. SIRIUS advokater has the experience required to handle the issues arising after sustaining an injury as a consequence of illness or accident.

Accidents may have a great impact on both the injured party and his or her family. It is important to the attorneys at SIRIUS advokater that our advice is provided with an appreciation of the person’s difficult situation.

We are experienced in handling all kinds of problems that may arise when rights materialise, e.g. when naming a company or product, writing a musical composition, compiling a script, or creating a design or invention. We love ideas and our approach to the assignment is always business as well as solution oriented.

Our consultancy may consist of analysing how a right can be implemented or relate to assignments of rights, but we also assist if a conflict or some other issue regarding such rights occurs.

Likewise, we assist in relation to marketing issues. Our consultancy ranges from the do’s and don’ts of advertising to assistance in connection with confirmatory enforcement of rights.

Owners of a brand or design, holders of music rights and authors’ copyright, patents and licences are increasingly suffering from infractions of their rights by illegal copying and use in general.

For many years we have been giving advice on how best to tackle such conflicts. Likewise, we advise on IP risk management. We assist with conducting legal and arbitration cases in Denmark and the European Union.

Typical examples of issues within this practice area are:

• Brands
• Copyright
• Media law
• Designs
• Licences
• Utility models
• Concepts
• Artists’ rights
• Domain names
• Name rights
• Patents
• The Danish Data Protection Act
• Photography
• Marketing

Procurement law

The carrying out and management of procurement processes have now become a precondition for most agreements with public authorities and public law bodies.

Whether acting as contracting authority or tenderer, it is therefore necessary to ensure compliance with formalities during the procurement process. Even minor errors can have big consequences.

The area of procurement law is under constant development and has grown increasingly complex over the years. Extensive knowledge and experience is thus required to navigate the rules of procurement law and avoid the legal pitfalls.

SIRIUS advokater has in-depth experience with all legal aspects of how to carry out and manage a procurement process. We advise clients on all phases of procurement, whether under the Danish Public Procurement Act (udbudsloven), the Danish Tender Procedure Act (tilbudsloven) or the EU Utilities Procurement Directive, and our legal services include:

• Assistance with regard to choice of award procedure under EU law and Danish procurement law
• Assistance with regard to preparation or quality assurance of procurement documents, including general conditions, requirements specifications as well as contracts.
• Assistance in connection with quality assurance of tenders from bidders, including review of contract and appendices.
• Assistance in connection with the procurement process, including in connection with Q&As, evaluation of tenders and contract award.

Moreover, our specialists in the area have extensive experience in conducting procurement cases before the Complaints Board for Public Procurement and the ordinary courts of law.

When carrying out procurement processes, it is also a requirement that the process is carried out as a digital process. Consequently, SIRIUS advokater has a digital procurement system which can help you as the contracting entity to increase the efficiency of the procurement process and ensure compliance with statutory requirements, including GDPR.

With SIRIUS Procurement you will have access to:

• A platform which is fully integrated with the EU TED database, supporting all phases of the procurement process, including handling of dialogue with bidders during the process;
• Access to SIRIUS model contracts, including standard general conditions, contract templates, including Construction contracts, consultancy contracts and IT contracts, etc.
• Full-service procurement assistance from SIRIUS advokater, with input from you as the procuring entity to the requirements specification, award criteria, etc.

Click here for more details on SIRIUS Procurement.

For more details on how we may help you in a procurement process, please send us an email at udbud@siriusadvokater.dk or call us at (+45) 8888 8585.

Competition Law

Competition law is a complex area and requires in-depth knowledge to avoid non-compliance, which often involves tough sanctions and fines.

At SIRIUS advokater, we have full-range experience in advising on competition law.

Thus, we deliver competent legal advice on matters such as competition law rules in the context of business transfers as well as the framework for cooperation, including distribution agreements and consortia as well as joint ventures.

We also have extensive experience in cooperating with the competition authorities, including in connection with mergers and abuse of dominant position. Therefore, we also have experience in obtaining merger clearance from the competition authorities in cases where such clearance is required for a business transfer.

Our legal advice includes how to prevent competition issues from arising in the first place and how to deal with any pending competition cases. We assist your business with the drafting and implementation of regulatory compliance programmes. If your business is subject to a dawn raid by the competition authorities, our team of expert lawyers will be ready to help safeguard your interests.

 IT Law

At SIRIUS advokater, we have extensive experience in advising both public authorities and IT suppliers on the legal challenges involved in a specific IT contract.

Over the years, we have advised the parties to a large number of IT procurement processes, and our expertise ranges from traditional IT system procurements to more specialised processes, including agile contracts, hosting agreements and public cloud solutions.

We have especially extensive experience in advising IT suppliers in connection with IT procurement processes where our specialist lawyers focus on identifying and addressing pitfalls and legal issues in the process.

At SIRIUS advokater, you will be provided with expert assistance in the preparation of the contract documents, including appendices, and the preparation and quality assurance of the procurement and tender documents. We also provide assistance in connection with specific contract negotiations.

If you are a public authority or public enterprise, our legal assistance includes the preparation and quality assurance of the procurement documents, including:

• Drafting or review of the IT contract
• Review and quality assurance of the requirements specification
• Drafting or review of appendices to the IT contract, including data processor agreements
• Drafting or review of the general conditions

If you are a supplier bidding for public contracts, our legal assistance includes:

• Quality assurance of tenders for public IT contacts, including in relation to data processor agreements
• Clarification of Q&As concerning IT contracts etc.
• Participation in negotiations concerning IT contracts
• Preparation of back-to-back agreements with subcontractors

In addition to advising on IT procurement, including as a certified IT lawyer, we cooperate on a broad scale with other consultants – process consultants as well as technical consultants – in the preparation of requirements specifications, service level agreements (SLAs), etc. in connection with the preparation of contract documents.

The attorneys at SIRIUS advokater assist companies, associations and foundations with legal advice and assistance in relation to tax and VAT matters.

Tax relates not only to private and corporate tax law, but to VAT and other duties, and has a considerable influence on many areas of enterprise. Furthermore, tax not only concerns Danish tax, but also EU regulations and case law as well as foreign national tax law.

Tax cannot be viewed in isolation from other matters. Proper advice given before or after a particular decision has been made must be interpreted and understood in the financial, practical and legal context of the tax situation in question.

In our consultancy on starting a company or restructuring a corporation, we draw on our legal knowledge and experience of company law and of association and foundation law, exploiting this combination to achieve practical end-results for our clients.

Lately, the Danish tax authorities have intensified their activities in relation to transfer pricing and, not least, majority shareholders who have taken out loans in the company illegally. We assist a number of corporations and their shareholders in these cases, which for many unfortunately end in court.

We live in a world with close public regulation of both citizens and enterprises. There is regulation at EU level and at state and municipal level. It is difficult to maintain an overview of all the rules applicable to citizens and enterprises.

At SIRIUS advokater we provide advice on all kinds of public law. Our legal advice on public law is performed with an understanding of the particular business or political reality. Some of our specialists have received the following accolades from clients: “Outstanding advisers on strategic legal matters” and “calm under pressure and happy to give their opinion on complex matters”.

Given our experience, we can quickly identify and advise on a solution to a public law problem. We have an extensive body of knowledge at our fingertips and make systematic use of existing knowledge.

We have experience of advising on general public law:

• Constitutional law – expropriation, state-funding rules, legislative compliance with the constitution, freedom of expression and advertising etc.
• Planning and construction law
• Administrative law
• Local government law
• The Access to Public Administration Files Act – all questions regarding free access
• Privacy in the public sector and data security requirements

In addition we have significant experience of providing advice on environmental and planning law. This experience includes:

• Environmental law – waste and combustion, soil contamination, operations requiring a permit, water supply, wastewater and nature conservation
• Planning law – all kinds of cases relating to the Planning Act, such as environmental impact assessment (EIA)
• EU regulation – we have extensive experience of EU regulation on the environment
• Environmental and planning law in relation to mergers and acquisitions
• Utility law – we advise on the legal aspects of the water, wastewater, district heating and cooling, electricity and natural gas supply

Finally, we have experience of conducting lawsuits before all courts of law including the Danish Supreme Court. Moreover, we have specialised in assisting our clients in conducting administrative appeal processes before appeal boards, valuation commissions etc.

Rankings

The department of public regulation law and environmental law at SIRIUS advokater is recommended by the internationally recognized analysis and rating company Legal500.

• Quote from Legal500 2020: “Deep insight in legislation and very experienced”

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SIRIUS advises on all legal aspects of sustainability and ESG.

In a few years, several legal requirements and regulations on sustainable business operations, sustainable investments and financing, sustainable construction and reporting requirements have been introduced. Also rules and guidelines on greenwashing, and regulations on diversity policies, compliance programmes, whistleblowing schemes, etc, have been introduced.

In the environmental and planning area, sustainability plays a role in almost all areas and issues. These include requirements on the content of release of water and waste, protection of drinking water, requirements for on-site surface water management, use of rainwater for toilets in new developments, and recycling of waste.

Sustainability is also playing an increasing role in construction and real estate through certification schemes, new requirements in the Building Regulations (2023), sustainability management and the desire for circular construction processes and materials in terms of more reuse and recycling of construction materials.

The legal requirements and expectations in the field of sustainability are largely new, and the interpretation of the rules is constantly evolving. This is already giving rise to legal disputes over the understanding of the rules. SIRIUS is one of Denmark’s leading law firms in the field of sustainability litigation.

The Construction and Infrastructure Department is headed by Tina Ortega and Kim Ørnstrup Rasmussen, partners. The department deals with construction and infrastructure, particularly in the railway sector.

Within construction, we assist clients, contractors and technical advisors. We provide advice through all stages of construction, including

Contracting

Drafting of construction contracts and consultancy agreements, and conduct of procurement procedures.

During construction

Advice and negotiation in the event of disputes and unforeseen circumstances, including delays, extra works, bankruptcy and defects in the construction.

Disputes

Conduct of litigation, arbitration, expedited adjudication, mediation/arbitration and expert appraisals.

Within infrastructure, we assist with the purchase of trains and the replacement of railway infrastructure, and the department has extensive knowledge of the projects that are currently being rolled out on the Danish railway. We provide advice in all contexts, including

Contracting

Drafting of train contracts, maintenance contracts and subcontracts and implementation of conduct of procurement procedures.

During the contract phase

Advice and negotiation in the event of disputes during the contract phase, including in relation to interpretation of the contract, delays and extra works.

Disputes – conduct of litigation and arbitration.