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  • Introduction

Unless otherwise expressly agreed, these Terms and Conditions apply to all legal assistance provided to clients by GALST Advokataktieselskab, CVR 32 28 55 70, including Galst & Altschuler Sundhedsretsadvokater, SVEGA Advokatinkasso and GALST Selskaber. For GALST Selskaber, special rules in section 14 apply, which prioritise services provided by GALST Selskaber.

These Terms and Conditions were most recently revised on 3rd of October 2024.

  • Services

With a corporate client, the scope of the agreed case will be discussed on an ongoing basis, and unless otherwise agreed, the fee will be calculated according to our usual framework for calculation of fees, see below. With a private client, a written contract specifying the scope of the case and the agreed fee will always be drawn up in advance.

We provide all services in accordance with the stipulations of the Danish Code of Professional Ethics for Lawyers and the regulations for lawyers set out in the Danish Administration of Justice Act.

Intellectual property rights to material prepared by GALST Advokataktieselskab belong to GALST Advokataktieselskab, unless otherwise expressly agreed.

  • Duty of confidentiality

All employees at GALST Advokataktieselskab are subject to a duty of confidentiality. All information we receive about a client in connection with a case is treated confidentially, unless it is apparent from the circumstances that the information is not of a confidential nature.

  • Conflicts of interest

When we receive a case we ensure, in accordance with the regulations of the Danish Bar and Law Society and our own internal procedures, that there is no basis for disqualification or conflict of interest. If during the case it becomes evident that we are in a situation of disqualification or conflict of interest that will require us to relinquish the case, we will be pleased to refer you to another attorney.

  • Determination of fees

Our legal fees are determined based on the regulations set out in the Danish Administration of Justice Act and the Danish Code of Professional Ethics for Lawyers. Our fee is calculated on the basis of the complexity of the case, the importance of the case to the client, the value of the case, the outcome of the case, the responsibility associated with the performance of the services needed in the case, and the time and specialist knowledge used in connection with our assistance, as well as the time spent on fulfilling statutory requirements in relation to the preparation of the case, including e.g. money laundering clarification, Know Your Customer (KYC), DAC6 and GDPR. Replies to legal letters from clients’ auditors are invoiced according to time spent, see below.

Clients are invoiced separately for outlay and other relevant costs in connection with the advice provided, including, for example, transport and accommodation. Clients pay these costs in addition to the legal fees.

We normally invoice clients for the time spent monthly in arrears.

Unless otherwise agreed in writing, the following hourly rates are used to determine fees:

  • Partners (Hans Christian Galst, Christian Steen Laursen, Majken Korsgaard and Kristian Dreyer) DKK 3,750 before VAT or DKK 4,687.50 including VAT.
  • Lawyers Regitze Elmsted, Lotte Lundin and Peter Jakobsen DKK 3,200 before VAT or DKK 4,000 including VAT.
  • Lawyers Anders Hebbelstrup Jensen, Daniel Juel Larsen and Henrik Drewes Rasmussen DKK 3,000 before VAT or DKK 3,750 including VAT.
  • Legal assistant Freshta Victoria Fana DKK 2,300 before VAT or DKK 2,875 including VAT.
  • First year legal assistants DKK 1,600 before VAT or DKK 2,000 including VAT

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These hourly rates may be adjusted during the course of the case without notice and are valid from the time of the adjustment until the next adjustment. In the event of an adjustment, the customer will be informed. The applicable hourly rates are always available under "Terms and Conditions" at our website www.galst.dk.

We reserve the right to request payment of an advance fee prior to commencing work on a case

  • Payment terms

Our payment terms are net cash, and our fee therefore falls due for payment upon issuance of the invoice or subject to 14-day payment terms, which will be set out specifically in the invoice under Terms of Payment.

In the event of late payment, interest will be charged in accordance with the general regulations set out in the Danish Interest Act. VAT is added to the fee according to current rules.

  • Client funds

All "client funds" are managed in accordance with the regulations set out by the Danish Bar and Law Society and will be placed in a "client account". Accrued client account interest will accrues to GALST Advokataktieselskab. Accrued (negative) interest will be charged to the client.

Client funds are protected under the Danish Depositor and Investor Guarantee Scheme Act. As of 1 June 2015, protection is limited to €100,000 per client per financial institution. GALST Advokataktieselskab is not liable for any loss of client funds that may result from the financial institution’s becoming distressed or that may result from limitation of coverage from the Depositor Guarantee Fund.

  • Insider knowledge

We have in place regulations which apply to everyone in the firm regarding the disclosure of insider knowledge on listed companies and restrictions for trading of listed securities. These regulations also apply to family members and cohabiting partners.

  • Money laundering regulations

We are covered by the Danish Act on Measures to Prevent Money Laundering, and we therefore have a duty to report any irregularities to the authorities.

According to this Act, we have a duty to obtain identity information from new clients as well as from existing clients who have not previously submitted identity information.

  • Termination of cases and withdrawal

Either party may terminate the contract or working relationship at any time. Termination by us may be justified, for example, if the payment deadline in an invoice is significantly exceeded, if withdrawal is deemed to be in the client's best interest, if the client becomes insolvent, or if other compelling reasons are present, including an unsatisfactory working relationship. We endeavour to ensure that withdrawal takes place without undue hardship and that the client is given the opportunity to seek advice and representation from another lawyer. Withdrawal does not entail that any claim for payment of fees will lapse.

  • Complaints

We always do our best to ensure that our clients are satisfied. If there are aspects of our case management with which a client is not satisfied, the client can contact the partner responsible to discuss the issue and find an amicable solution.

The client also has the option to file a formal complaint with the Danish Bar and Law Society. In such a case, a complaint must be filed with the Danish Bar and Law Society no later than one year after the client becomes aware of the matter about which the client wishes to complain. However, we recommend that the client discuss the matter with us before filing a complaint and that any complaint be filed as soon as possible and preferably within three months.

It is also possible to submit a complaint to the Danish Bar and Law Society regarding our fees. The deadline for submitting a complaint regarding a lawyer's fees is one year. The deadline is calculated from the time of final settlement of the fee.

Contact details for the Disciplinary Board of the Danish Bar and Law Society:

The Secretariat of the Danish Bar and Law Society, Kronprinsessegade 28,

1306 Copenhagen K.

Website: http://www.advokatsamfundet.dk/Advokatnaevnet.aspx

email: klagesagsafdelingen@advokatsamfundet.dk

  • insurance, Liability, limitation of liability and limitation period

We are insured with Codan Forsikring A/S, Gammel Kongevej 60, DK-1790 København V, (CVR: 41 96 39 48). The maximum coverage for attorney liability under this insurance is DKK 10 million per lawyer per year, with a total of DKK 85 million per year for our entire law firm. Our liability is limited to these specified amounts. Clients should pay particular attention to this limitation of liability. We have the option of specifically increasing coverage, for an additional fee, if a client specifically wishes us to accept more coverage.

GALST Advokataktieselskab, our partners and employees are not liable for indirect losses or operating losses, including loss of data, loss of profit, goodwill, image or similar conditions.

Any claims may only be made against GALST Advokataktieselskab and hence not against an individual employee. We are not liable for any errors committed by other consultants to whom we have referred the client, and we are likewise are not liable for any errors committed by subcontractors to whom we have entrusted parts of the case in agreement with the client.

If the client is a business, claims for damages against GALST Advokataktieselskab are statute-barred 12 months after the client becomes aware, or should have become aware, of the circumstances justifying a claim. However, the statute of limitations begins to apply no later than 3 years after the advice on which the claim is based was provided.

  • Choice of law and jurisdiction

Our advisory services and our Terms and Conditions are subject to Danish law, except where conflict of laws rules invoke the application of foreign law. Any disputes between GALST Advokataktieselskab and the client may only be brought before the Danish courts.

  • GALST selskaber

The following Terms and Conditions apply when you order new registration of private and public limited companies via www.galstselskaber.dk.

The Website is operated and its services are provided by GALST Selskaber, CVR A/S 32 28 55 70, whose registered office is located at the following address:

GALST Selskaber

c/o Galst Advokataktieselskab

Gammel Strand 44

DK-1202 Copenhagen K.

GALST Selskaber is owned by Galst Advokataktieselskab.

We are a member of the Danish Bar and Law Society and the Association of Danish Law Firms.

Unless otherwise specifically agreed, the following Terms and Conditions apply:

When you place an order for a company via our order module, you provide a wide range of information some of which constitutes personal data, including for both legal entities and private individuals.

If you are a lawyer, accountant or other advisor and you order a company or other service from us on behalf of your own clients, you are independently responsible for ensuring that these persons/legal entities have given all necessary consent, including consent to join the company's management, ownership or founders. As proxy/representative, you guarantee that all necessary consent has been obtained.

If you are a private individual or company, we will send you an incorporation document with the relevant Articles of Association and a power of attorney that must be signed by all persons/entities before registration can take place. If any of the shareholders is prevented from signing, that shareholder must authorise another shareholder to sign.

In common with all other Danish law firms, we are subject to the Danish Money Laundering Act. Section 1(1)(13) and (14) of the Danish Money Laundering Act contains a provision stating that the incorporation of companies and related work/provision of advice is covered by the obligation to collect and store statutory identity information. Consequently, we must receive photo identification in the form of a passport copy or driving licence. If the founder is a foreign person, we require official proof of that person’s registered address abroad. For foreign companies, we must receive a company registration certificate from the relevant country's registration authority, which must also state who owns the company. Identity information must be available for all persons included in the company registration. We store the identity information.

If in the case of incorporation using cash the capital deposit is not transferred to our client account, the capital must be documented in the form of a bank statement confirmed by your bank and made out in the company's name. The fee percentage must be credited to our client account or documented as transferred before the draft is provided.

Immediately after your entry, you will receive confirmation of your order at the email address you provided at the end of the order module. Once the capital has been received or paid in and all the abovementioned documents have been submitted, the incorporation document with the relevant Articles of Association will be sent and the right of cancellation will cease. The company's documents are delivered electronically only, in the form of files in PDF format (Adobe Reader®). You will always be able to receive these in an editable format if desired.

Any business relationship, any advice, any contract, and any purchase from/with us is subject to Danish law, and Danish courts have exclusive jurisdiction to settle disputes. However, Danish conflict of law rules that call for the application of laws other than Danish law (foreign law) do not apply.

Legal action must be brought before the Copenhagen City Court with the usual right of appeal to the Eastern High Court. In the event of legal action, you as well as the company are obliged to appear before the Copenhagen City Court and/or the Eastern High Court following due notice.

Company documents provided in connection with registration are the following:

Memorandum of association

Articles of Association

Register of shareholders

Registration certificate (summarised) Invoice

Other documents can be purchased by separate agreement and payment.

Delivery is always made to the email address provided by the ordering party in the order module. We accept no liability if the email address is incorrectly entered or does not work for technical reasons, including if SPAM filters or similar prevent the intended and usual delivery.

Usual delivery time is up to several hours after the signed incorporation document and Articles of Association have been returned to us (preferably by email or as a scanned copy in PDF format) together with other documentation as stated above.

For incorporation of companies, the following price sheet applies for the year 2022 in Danish kroner and at the VAT rate applicable at any given time, subject to reservations. The current VAT rate is listed below:

  • Conversion of ApS to A/S DKK 5,000
  • Conversion of A/S to ApS DKK 5,000
  • Incorporation of a private limited company (ApS) DKK 3,000
  • Incorporation of a joint-stock company (A/S) DKK 4,000
  • Incorporation of an operating ApS and holding company DKK 4,500
  • Incorporation of an operating A/S and holding company DKK 5,500
  • VAT A-tax (withholding tax)/AM (labour market contributions) DKK 500   + 25% VAT

Invoices are usually issued to the newly registered company unless otherwise agreed. Fees can be deducted from capital deposits prior to payment from our client account.

You have the right to cancel your order, although every order is considered a business relationship. The right of cancellation expires as stated in section 1.6 when we have received the order, the share capital is documented as having been paid into the company's account, and we are aware of this. The right of cancellation can be exercised free of charge. Cancellation of a company order must be made in writing to info@galst.dk. You will receive a refund of any money you have paid (fee share and any paid-in share capital) as soon as possible and within one week at the latest. In the event of cancellation, no interest will accrue on the amount paid.

We will cancel your order if, after repeated requests, we do not receive the abovementioned documents or payment. If there is no reply to our follow-up requests one month after they are received, the case will be closed without further notice.

Longer delivery times may occur if the Danish Business Authority's online system is unstable or out of operation, including in the event of delays caused by third parties (suppliers of our IT systems and similar). However, we will always keep you closely informed during this process. We disclaim any liability for the consequences of any delay, including with regard to any other legal operations on your part that may be related to GALST company registration. It is agreed that we are not liable for any operating loss, loss of profit, consequential loss or other indirect loss of any kind.

The company and the company legal documents are established based on your own data entries, and you are responsible for ensuring that these are correct. Upon receipt of company legal documents, it is always your responsibility to review them yourself to identify any errors on our part, and also to correct any errors of your own. Complaints regarding any errors we may have made must be submitted to us within 10 days of receipt. After the expiry of the complaints period, claims regarding errors can no longer be made. If you discover any errors in the registration in relation to the order you have placed, you must immediately notify info@galst.dk and inform us of the nature of the error, the case record number and the company's CVR number.

The following terms apply to your information to the extent that the information is to be considered personal data within the meaning of the Danish Personal Data Act. Personal data within the meaning of the Danish Personal Data Act includes information on natural persons' names, addresses etc., including similar information on sole proprietorships and, for example, the names and positions of employees at companies or public authorities. The information you provide to us in connection with your purchase (name, address, telephone number, e-mail address, etc.) and any other information you may provide to us will be treated confidentially in accordance with the Danish Act on the Operation of Law Firms (duty of confidentiality) and will be used to process your order and in connection with other contact with you. Personal data is transmitted between us in unencrypted form. We store personal data in a database on a secure server that is not publicly accessible from the internet. We only store your personal data to the extent permitted by law.

According to the Danish Personal Data Act, you have the right to access and rectify the personal data concerning you. You can also object to further processing of your personal data.

Our website collects information about your identity and behaviour. For this purpose, we use "cookies". The information is used to describe how our website is used, including for statistical purposes. All information collected is treated as confidential and is not transferred to countries outside the EU/EEA. The information is processed by an external data processor which hosts our website. For more information on potential registration of personal information, please do not hesitate to contact us.

In addition, the general terms and conditions of Galst Advokataktieselskab apply. They are described in sections 1-13. These are always available in electronic form at www.galst.dk, to which reference is made.

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