Associations and Foundations - Charity Law
Foundations and associations of all kinds and sizes are a cornerstone in the day to day life in Denmark.
We assist the whole spectrum of diverse associations from the smallest newly stated interest groups to multi-million charitable associations. For these very different associations the common nominator is the common law of associations build on counseling of associations demand both great experience and understanding and sympathy with the culture of the association in question. We assist in the formation of new associations with articles of association tailored to the particular needs and we assist in restructuring of associations to reflect the modern society and we assist in the mature of associations and we address the special conditions that associations are frequently subject to.
In particular within charity law, foundations constitute a viable alternative or supplement to the associations. In this connection the special tax and VAT rules for charitable organizations are of great importance. We have over the years helped in establishing, restructuring and resolution of a number of commercial and charitable foundations and we are in charge of the administration of a number of Foundations. We have relevant experience as board members of such entities.
Construction Law, Procurement Law and Real Estate
SIRIUS advokater has the experience in all legal aspects in relation to carrying out a construction assignment. We provide legal advice in matters like:
- Legal advice related to the preliminary investigation before initiation of the construction, structuring of the construction project, estimation of conditions related to the planning permission, applications for a building license etc.
- Legal advice in preparation of an approximation of contract documents, construction contracts, consultant contracts, guaranties etc.
- Legal advice in solution of conflicts during the construction project in relation to e.g. notice of unexpected conditions, extra work, flaws in the conducted work, delays, stoppage, annulments etc.
- Legal advice after delivery of the building activities in relation to flaws, guaranties etc.
- Legal advice in connection with implementations of expert appraisal, expert decisions (AB 92 § 46) etc.
- Legal advice in the conduct of cases at the ordinary courts or by the Court of Arbitration for Building and Construction.
- Private corporations and investors (professional developers, property companies, housing associations, developers etc.)
- Public authorities (local authorities and regional authorities).
- Independent institutions and foundations.
- Technical consultants (architect and engineering firms)Developer consultantsContractors (main contractors, specialist contractors and turn-key contractors).
- Insurance companies (mainly related to the conduct of liabilty in accordance with project insurance and liability insurance in the construction)
Handling and carrying out of procurement has developed into a precondition of most agreements with the public authorities and bodies governed by public law. No matter whether you are a principal or an offerer it is important to make sure that formal rules are followed during the public procurements process, since even small mistakes may have large consequences for both the principal and the offerer. Furthermore, the area is affected by New Case Law, which further complicates the area. SIRIUS advokater provides legal advice to both principals as well as offerers in all parts of the process, including:
- Legal advice in selection of form of procurement in accordance with both the EU-law and the national procurement rules.
- Legal advice in preparation of prospectus/legal control of prospectus.
- Legal advice in accordance to preparation to offers.
- Legal advice in accordance to the award process, questions from offerers, evaluation and granting.
- Legal advice in conduction of procurement cases by the Public Contracts Appeals Board and the ordinary courts.
Buying and selling of real estate – Trade
SIRIUS advokater provides legal advice in matters like:
- Legal advice in relation to buying and selling of real estate (trade)
- Legal advice in relation to review of easements, conflicts between neighbours, houseowner conditions etc.
- Legal advice in relation to negotiations.
- Legal advice in relation to preparation of trade documents, corrections etc.
Real estate regulations governed by public law
SIRIUS advokater provides legal advice in matters like:
- Legal advice in accordance with interpretation and preparation of local plans, projects for the local authorities etc.
- Legal advice according to the legislation of building including complaints by the Civil Service etc.
- Legal advice concerning the legislation on public roads, expropriation, assessment of compensation including conducting of cases by the authorities of valuation.
Commercial property lease contracts
SIRIUS advokater provides legal advice in matters like:
- Legal advice in entering, interpretation and termination of commercial property lease contracts.
- Legal advice in negotiation and assessment of rent as well as the conducting of cases about market rent.
Attorney Joachim Ørum Petersen
Attorney Liv Helth Lauersen
Attorney Michael Vindfeldt
Attorney Søren Stenderup Jensen
Attorney Jonas Adsbøl Sørensen
Attorney Marc Walther Hansen
Attorney Nina Lærke Nyvang Jakobsen
Attorney Rasmus Stensler-Thomsen
Attorney Signe Dierks Bakkeng
Assistant Gitte Glamsø Reesen
Assistant attorney Niels Kristian Friis Juhl
Assistant attorney Henriette Mygind Krempel
Corporate Law and Mergers and Acquisitions
SIRIUS advokater provides guidance to both large, small and medium-sized businesses in relation to company law in the fields of selection of form of corporation, establishment of enterprise, articles of association, mergers, conversations, capital infusion and disposal, liquidation, preparation of and directing annual general meetings, owner-relations and investments.
Likewise, SIRIUS advokater provides legal advice in mergers and acquisitions and has a long experience within this area. We emphasize that every merger and acquisition shall be carried out on the basis of the involved parties and their special characteristics and needs.
START YOUR OWN BUSINESS
In times of crisis the unemployment rises. Some unemployed are not without a job because there are not enough assignments to be solved or not because the companies cannot afford to have them solved, but as a result of the fact that the companies have a need to outsource assignments, which give them the opportunity of adjusting the workforce to every single assignment.
Attorney Joachim Ørum Petersen is specialized in the field between being an employee and being self-employed – and helped by Sirius’ Department of Tax and Department of Employment and Labour Law, which handle the problem areas attached to the field.
What is needed is an overview of all the separate stages in establishing an independent business:
- Considerations prior to start up (business concept, idea, economy, fee, liability etc.)
- Selection of corporate form
- Practical conditions (registration at the Danish Commerce and Companies Agency, Vat registration, accounting etc.)
- How to handle taxation – what is possible?
- Delimitation between self-employed trader and conditions of employment – when is it important and what is decisively?
DISPUTE RESOLUTION – LITIGATION, ARBITRATION, MEDIATION AND AMICABLE SETTLEMENTS
At SIRIUS advokater we consider dispute resolution as a separate and important practice area. Irrespective of whether a dispute may be solved by ordinary settlement negotiations or mediation or if arbitration or legal proceedings in court are necessary, the parties of the dispute have the right to the expertise which only years of daily practice and experience can provide.
A number of our attorneys are entitled to appear before the High Court (Court of Appeal) and the Supreme Court and are used to appear in complicated matters in the courts of all instances and functions. We have attorneys who have themselves worked as judges and thereby possess a specific insight from both sides of the bench.
Our extensive experience in litigation gives our clients the certainty that we can handle their lawsuits in the very best way and adapted to the court in question. In recent years, we have worked hard to rationalize our litigation services in order to conduct lawsuits quicker and more cost effective for the benefit of our clients.
Furthermore, a number of our attorneys frequently act as mediators in private conflicts as well as mediators appointed by the courts.
We use our experience to think beyond the conflicts itself. Particularly, we focus on the interests of the parties and the situation they will be in once the conflict has been solved. We consider mediation as a meaningful solution in the growing number of conflicts in our society. We strive at making our name synonymous with competent dispute resolution, where we are available to our clients whether as party representatives either in court proceedings, arbitration proceedings and mediations or as mediators and arbitrators.
Employment and Labour Law
Both employers and employees are affected by Employment and Labour Law, which are being regulated nationally as well as internationally by national legislation, EU treaties and the European Human Rights Convention. Additionally are the agreements, which the employers and the employees make among themselves.
Besides having an overview of the relevant regulations, SIRIUS advokater aims to cover all the possibilities, which can provide the basis of individual solutions and which take in to consideration the needs of both parties.
The workplace is affected by the underlying legal terms. We advise on the possibilities of using the Labour and Employment Law as management tool in the present conditions of employment and as a tool to attract and maintain the right employees. As a sparring partner to the company’s HR management, we offer a proactive counseling, which prepare the company to meet tomorrow’s conditions in the labour market.
SIRIUS advokater is characterized by a high degree of specializing in the conduct of lawsuits. We assist in the solution of disputes. At the same time it is our opinion that cases often can be solved better and cheaper by negotiation, mediation and settlement, which is why we are constantly looking for alternative solutions.
When working with Employment and Labour Law you work with human beings. SIRIUS advokater is aware of the fact that our counseling may have large implications for the relationship between employer and employee. This is why, we in the dialogue with our clients, discuss both the human and the personnel angle and we are always available for an open dialogue.
Insurance and Compensation
SIRIUS advokater provides legal assistance to injured persons in questions regarding compensation and insurance. We offer our help in all types of injuries, e.g. injuries caused by road accidents, industrial injuries, patient injuries and injuies caused by violence and sexual abuse.
The injured person
When a person has been injured, support and professional counseling is needed. SIRIUS advokater has the required experience within this area to provide professional counseling. It is important to us that the injured feels safe about the work we provide. We take care of the interests of the injured in relation to the insurance company.
We offer our help with the assessment of lost earnings, compensation in cases of permanent injury, loss of working capacity and medical costs. Likewise we assist in gathering the necessary documents and take the case to the National Board of Industrial Injuries. In cases where the defendant is known, it is possible to have the legal expenses of the injured covered completely or partly. If the injury is covered by an accident- or pensions insurance, we assist with the hearing of the case in relation to 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 been exposed to violence or rape the person is entitled to have free legal assistance. The attorneys at the Department of Insurance and Compensation in SIRIUS advokater function as attorneys appointed by the court. It is the court of justice, which decides when a person is entitled to have an appointed attorney. The authorities will pay the expenses of the appointed attorney.
Questions concerning social matters
When an accident occurs, a person may need counseling concerning social matters, e.g. in questions about illness benefits, termination from work, flexible job and early retirement. SIRIUS advokater has the required experience in handling the problems arising after sustaining an injury as a consequence of an illness or an accident.
Accidents may have a big influence on both the injuried and the family of the injured. It is important to the attorneys at SIRIUS advokater that our counseling is provided with understanding of the difficult situation of the injured.
Intellectual Property Law
We are experienced in handling all kinds of problems, which may arise when rights are being formed, e.g. when a company or a product is being named, a musical composition composed, a script written, a design or an invention made. We love ideas and our approach to the assignment is always both business- and solution-oriented.
Our counseling may consist of an analysis of how a right can be implemented or relate to assignments of rights, but we also assist if a conflict or another problem regarding the rights may occur.
Likewise, we assist in relation to marketing issues. The counseling extends from do’s and don’t in connection to advertising about assistance in connetion to inforcement of rights.
Owners of brands, design, music rights and authors’ copyright, patents and licenses increasingly experience that their rights are being infringed by illegal copying and use in general.
For many years, we have been giving advice on how conflicts are being tackled in the best possible way. Likewise, we advise on IP risk management. We assist in the conduction of cases and arbitrations in Denmark and the European Union.
Typical examples on issues within this practice area are:
- Media law
- Utility models
- Artists’ rights
- Domain name
- Name rights
- The Danish Data Protection Art
The attorneys at SIRIUS advokater assist companies, associations and foundations with legal advice and assistance in relation to tax and VAT matters.
Tax does not only relate to private and corporate tax law, VAT and other duties and have a considerable influence in many areas of enterprise. Furthermore tax not only concerns Danish tax, but also EU regulations and case law and foreign national tax law.
Tax cannot be viewed isolated from other matters. Proper counseling made before or after a particular decision has been made, has to be interpreted and understood in the financial, practical and legal context of the tax situation in question.
In our counseling in relation to start-up as well as restructuring of corporation we make use of our legal knowledge and experience in company law and the laws of associations and foundation. In the combination we achieve practical end results for our clients.
Lately the tax authorities have intensified their activities in reation to transfer-pricing and not the least majority shareholders, who against the law have taking loans in the company. We assist a number of corporations and their shareholders in these cases, which for many unfortunately end in court.
Attorney Kim Pedersen
Public regulation - Environmental law - planning law
We live in a world with a close public regulation of both citizens and enterprises. There are regulation at EU level and at the state and municipal levels. It is difficult to overview all the rules that applicable to citizens and enterprises.
At SIRIUS Advokater, we provide advice on all kinds of public law. Our legal advice in public law is performed with the understanding of the given business or political reality. Some of our specialists have received the following credentials of clients: “Outstanding advisors on strategic legal matters” and “calm under pressure and happy at give our opinion on complex matters”.
Our experience means that we can quickly identify and advise on the solution of a public law problem. We have extensive ready knowledge trivia and we are systematic in our use of existing knowledge.
We have experience in advising on general public law:
- Constitutional law – expropriation, state-funding rules, the legislation’s compatibility with the Constitution, freedom of expression and advertising, etc.
- Planning and construction laws
- Administrative law
- The law on local government
- The Open Files Act – all questions regarding open files
- Privacy in the public sector and data security requirements
In addition, we have significant experience in providing advice on environmental and planning law. This experience includes:
- Environmental law – waste and combustion, soil contamination, operations requiring a permit, water supply, waste water and nature protection
- Planning law – all kinds of cases in relation to the Planning Act such as Environmental Impact Assessment (EIA)
- EU regulation – we have extensive experience with the EU regulation on environment
- Environmental and planning law in relation to mergers and acquisitions
- Utility law – we advise on the legal aspects of the water, waste water, district heating and cooling, electricity and natural gas supply
Finally, we have experience in conducting lawsuits before all courts of law including the Danish Supreme Court. Moreover, we has specialized in assisting our clients in conducting administrative appeal processes before appeals boards, valuation commissions etc.