Introduction - Screening of foreign investments and special financial agreements

Apply for authorisation or notify a foreign investment or a special financial agreement to the Danish Business Authority.

You will need this:

To submit an application or notification to the Danish Business Authority, download and fill in the application/notification form and upload it together with all relevant documents via the application portal.

In connection with application or notification, a number of questions must be answered regarding the respective investment or agreement, including:

The nature of the investment or the agreement,
The investor's/service provider's ownership
The target company's business.

In addition, whether the application concerns an investment, a greenfield investment or a special financial agreement must be stated, and whether the investment/agreement falls under the rules demanding prior authorization or the rules on voluntary notification.

Investments and special financial agreements covered by the permit requirement that is implemented on or after 1 September 2021 must be submitted to the Danish Business Authority.

For applications without NemID, please use the application portal here.

What documents do I need to submit?

In addition to answering a number of questions, you will also have to upload certain documents during the application process:

An application/notification form (download the application/notification form here).
A chart that displays the ownership structure of the investor/service provider.
A chart that displays the ownership structure of the target company prior to the investment/agreement.
A chart that displays the ownership structure of the target company after the investment i.e. how the target is incorporated (this only applies to investments).
An EU-notification form (if the transaction is an application or notification concerning an investment pursuant to S 5 or S 10 of the Danish Act on screening of certain foreign direct investments) (download the EU-notification form here).
Contracts, declarations of intent or other documents confirming the validity of the transaction (can be uploaded under "additional relevant information").
Foreign applicants who do not use a Danish law firm or similar entity to submit the application will also have to submit documentation that validates the investing party's existence and address.

Denne selvbetjeningsløsning kan ikke bruges på mobil. Brug venligst en computer i stedet.

As a foreign investor, Danish newly-established company or as a Danish company that is the subject of an intended investment or agreement, you can obtain an assessment of whether a specific investment or agreement does not relate to critical technology or critical infrastructure. Furthermore prescreening can be requested to asses whether investments or special financial agreements relating to a newly-established company is covered by the exemption in section 5 of the Executive Order on the scope of Application regarding investments or agreements not exceeding DKK 75 mio. in total the first three financial years.

Finally, the Danish Business Authority can also provide guidance on how to obtain clarification of how the company is otherwise covered by the other sensitive sectors and activities.

The Danish Business Authority will only be able to confirm that a specific investment or agreement based on the available information does not relate to critical technology or critical infrastructure. The statement will thus be subject to the condition that the investment or agreement may relate to some of the other particularly sensitive sectors (defence, IT security or dual-use).

A pre-assessment will also be subject to the fact that the investment or agreement may be covered by the rules regulating notification that applies outside the particularly sensitive areas.

In order to receive a prescreening assessment, the foreign investor, the Danish newly-established company or the Danish company subject to an intended investment must provide a few basic details about the foreign investor, the intended target company and when the investment or agreement is intended to be completed. The Danish Business Authority also requests an in-depth description of why the company in question wishes to request a prescreening of the proposed investment or the special financial agreement, a description of the Danish target company's business areas and considerations in relation to whether the company can be categorised as critical infrastructure or produces or develops technologies that relate to critical technology in accordance with section 10 of the Executive Order on Applications. If the prescreening concerns confirmation that the company is covered by the exemption provisions for newly-established companies, the Danish Business Authority will ask for details of the capital injection and a financing plan.

Submit prescreening requests

If you want to request prescreening, download and fill out the form, and then send it to: FDI-screening@erst.dk

Download request form for prescreening (pdf)

Screening of foreign investments and special financial agreements

Case processing

If you do not apply/notify

Pre-screening of investments/agreements

Legislation

Privacy

Contact

Erhvervsstyrelsen

Danish Business Authority