Information to clients
Contact details
HortenDahl Advokatpartnerselskab
Philip Heymans Allé 7
DK-2900 Hellerup
Tel. +45 3334 4000
info@horten.dk
CVR no. 33775229
Framework
Horten complies with the rules on legal ethics and professional conduct of the Danish Bar and Law Society. Our advice is based on Danish law, and we are subject to the rules on prevention of money laundering.
All HortenDahl's lawyers are:
- admitted to practise law by Civilstyrelsen in Denmark;
- part of the Danish Bar and Law Society;
- covered by Horten's professional indemnity insurance and guarantee according to the rules adopted by the Danish Bar and Law Society.
We also employ (junior) commercial law consultants, who provide services to our clients on equal terms with our attorneys and assistant attorneys in all matters except appearance before the courts.
The rules regulating lawyers may be found at the Danish Bar and Law Society’s website.
The rules regarding complaint procedure may be found here.
Horten is member of the Association of Danish Law Firms, Danske Advokater.
Any disputes concerning Horten’s advice, including Horten's fee, are subject to Danish law and the competence of Danish courts of law only.
These terms of business govern the legal services we provide to our clients, unless otherwise agreed.
Bank information
Bank: Jyske Bank A/S, Strandvejen 112, DK-2900 Hellerup
Reg. no.: 5011
Account number: 0001331505
International transfers
IBAN: DK1750110001331505
SWIFT: JYBADKKK
CVR no.: 33775229
Please remember to state invoice number or ref. no. when making a transfer.
Client funds
All client funds deposited in client accounts are subject to the 'Guarantee Fund for Depositors and Investors Act', which means that there is a general maximum coverage per depositor under the guarantee fund of EUR 100,000. This limit applies to the total deposit with the relevant bank. If the client has other deposits in the bank than the funds deposited on the client accounts, the maximum limit will thus apply to the total deposit. Horten is not liable for any loss as a consequence of the bank not being able to pay the deposit to the client.
Insurance information
Horten is covered by professional indemnity insurance with HDI Global Specialty SE et al through the insurance brokers Marsh A/S. The insurance covers all legal services irrespective of where they are provided.
Terms of business
1. LEGAL SERVICES
1.1. We provide legal services in accordance with the rules of the Danish Bar and Law Society, including the Code of Conduct for the Danish Bar and Law Society.
1.2. For each assignment, the scope of our legal assistance and other services is agreed between HortenDahl and the client.
1.3. A partner is assigned to each assignment and is primarily responsible to the client. The partner decides how many employees and other resources are needed. Any use of external resources to handle the assignment is subject to separate agreement with the client.
1.4. HortenDahl’s legal advice is based on Danish law only. Our opinions, guidance and recommendations in connection with assignments may only be applied to cases governed by Danish law, unless otherwise agreed with the client.
1.5. In accordance with the rules of the Danish Bar and Law Society and HortenDahl’s procedures, we investigate upon receipt of an assignment whether there are any conflicts of interest that may prevent us from taking on the assignment.
1.6. HortenDahl is subject to the rules of the Danish Act on Measures to Prevent Money Laundering and Financing of Terrorism (the Anti-Money Laundering Act), and we are consequently obliged to obtain and store information about our clients’ identity etc. to the extent required by the Act. The client's submission of identity information etc. is considered consent for HortenDahl to disclose such information to financial institutions etc. to comply with the obligations under the Anti-Money Laundering Act and the rules on client accounts (klientkontovedtægten).
1.7. If HortenDahl suspects that a client is engaged in money laundering or financing of terrorism, HortenDahl is obliged to notify the Danish Financial Intelligence Unit (Hvidvasksekretariatet) about the activities and disclose the client's ID information to the Danish Financial Intelligence Unit. HortenDahl is not allowed to inform the client about such notification.
2. CONFIDENTIALITY AND INSIDE INFORMATION
2.1. All information received from or about a client in connection with work performed for the client is treated as confidential. All HortenDahl employees are subject to a duty of confidentiality, and we have established security procedures for processing of confidential material.
2.2. We have rules covering all employees and partners that comply with current legislation prohibiting the disclosure of inside information about listed companies and restricting trading in listed securities.
3. CORRESPONDENCE
3.1. We exchange correspondence by, for example, e-mail. Our e-mail correspondence is encrypted where required by current regulations.
3.2. We do not accept liability for viruses, unauthorised changes, unlawful monitoring, forgeries or other matters resulting therefrom.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. HortenDahl holds and retains all copyrights and other intellectual property rights to written material provided by HortenDahl to clients in connection with the handling of assignments. Clients are only entitled to use the material for the agreed purpose.
5. ASSISTANCE IN CONNECTION WITH AUCTION PROCESSES
5.1. If HortenDahl assists a client in connection with an auction process and the client in question ceases to be a participant in the auction process, HortenDahl is entitled to assist a new bidder in the same auction process, subject to the Code of Conduct for the Danish Bar and Law Society and current legislation. This applies whether the client chooses voluntarily to leave the auction process or whether the client for other reasons does not proceed in the auction process.
6. DOCUMENTS
6.1. All case documents are stored in HortenDahl’s files for at least five years from the date when the assignment is concluded. Storage may be in electronic form. All original documents are handed over to the client at the conclusion of an assignment.
7. INVOICING AND RETAINER
7.1. HortenDahl determines the fee based on, for example, the significance and value of the assignment to the client, the outcome of the assignment, the nature and scope of the work performed by the attorney, including time spent and the liability involved.
7.2. Upon request, the client will receive an estimate of our fee, if possible based on the nature of the assignment. If the fee cannot be disclosed, the hourly rates applied will be disclosed, and the client will be regularly informed about the total number of hours spent. The hourly rates may be adjusted without notice, and the client will be informed of any changes. In consumer relationships, the client will receive information about the fee before the work commences, in accordance with current regulations.
7.3. In general, we invoice our clients monthly in arrears, unless we have agreed on a different invoicing arrangement. VAT is added to the invoice under the current rules. If VAT is not added to the invoice, but it later turns out that VAT should have been added to the invoice, HortenDahl is entitled to claim VAT from the client subsequently by issuing an invoice including VAT.
7.4. We may request prepayment of our fee or of disbursements and expenses incurred before commencing any work on the assignment. Such prepaid amounts are deposited into the client account and are considered client funds.
7.5. The terms of payment are net eight days from the invoice date. In case of late payment, interest is charged in accordance with the Danish Interest Act.
7.6. Disbursements and expenses paid, including travelling and accommodation expenses, food, fees, extensive photocopying and courier expenses, are charged separately.
7.7. We may invoice for time spent and costs for preparing and responding to subject access requests and other requests on the rights of data subjects under data protection legislation when we process or have processed personal data about a person registered in connection with our case administration for a client or a bankruptcy estate. We will notify the client before responding to a request.
7.8. If the client’s organisational affairs require that VAT is not to be added to the invoice, but that HortenDahl instead has to pay payroll tax (lønsumsafgift), HortenDahl will increase the fee by 12.5 %.
8. CLIENT FUNDS
8.1. All client funds entrusted to HortenDahl are managed in accordance with the rules of the Danish Bar and Law Society and are deposited into client accounts.
8.2. In connection with deposits made by or on behalf of a client into HortenDahl’s pooled client accounts or a separate client account, and when HortenDahl transfers amounts from pooled client accounts to a separate client account, the client is upon request from HortenDahl obliged to provide the statutory documentation required. HortenDahl will forward this information to the account-holding financial institution. HortenDahl may request information for this purpose prior to an expected deposit. If HortenDahl is already in possession of the necessary information, HortenDahl may forward the information to the financial institution without further consent, see clause 1.6.
8.3. All client funds deposited in client accounts are subject to the Danish Act on the Investor and Depositor Guarantee Scheme, which means that there is a general maximum coverage per depositor under the scheme of EUR 100,000. This limit applies to the total deposit in the relevant financial institution. If the client has other deposits in the financial institution than the funds deposited in client accounts, the maximum limit will thus apply to the total deposit. HortenDahl is not liable for any loss resulting from the bank being unable to repay the deposit.
8.4. HortenDahl does not receive interest on client funds deposited into HortenDahl's pooled client account. Any negative interest is charged to the client.
8.5. If the client wishes to receive interest on amounts paid to HortenDahl, this must be done via a separate client account with our financial institution, which will be opened at the client's expense and risk. Financial institutions calculate interest on deposits in separate client accounts at the interest rate applicable from time to time, which is credited to the client's separate client account. The interest amount is reported by the financial institutions to the Danish Tax Agency.
9. CESSATION OF REPRESENTATION
9.1. We may have to cease representing a client, for example where the client is in breach of these Terms of Business, is subject to bankruptcy proceedings or is insolvent, or where payment is not made in accordance with our terms. In addition, the client relationship may be terminated without notice by both parties, unless otherwise specifically agreed.
9.2. HortenDahl is entitled to fees for services provided until the date of termination and any assistance in connection with the transfer of the case to a new attorney.
10. LIABILITY
10.1. HortenDahl is liable for the services provided under the general rules of Danish law. We have taken out professional liability insurance and statutory guarantee insurance through:
HDI Global Specialty SE
Langebrogade 3F
DK-1411 Copenhagen K
The professional liability insurance covers all legal practice, regardless of where such legal practice is carried on.
10.2. The liability of HortenDahl, including the liability of each partner and staff member, is limited to an amount corresponding to 25 times the fee for the assignment in question up to a maximum of DKK 25 million. However, compensation to a client shall not exceed DKK 100 million in relation to all claims made by the client within a calendar year.
10.3. HortenDahl, including partners and staff members, shall not be liable for any indirect loss or consequential loss, including operating loss, cyber-attacks, IT system failures, loss of data, loss of profit, goodwill, image, etc.
10.4. HortenDahl assumes no liability for advice or other services provided or rendered by other advisers, including HortenDahl’s subcontractors, or external advisers, whom we, by agreement with the client, have engaged or to whom we have referred the client. Similarly, we are not liable for the general compliance of other parties, including subcontractors, including such parties' failure to comply with legislation or failure to comply with the CSR and/or ESG requirements imposed on the parties in question.
10.5. Furthermore, HortenDahl shall not be held liable for claims for daily or agreed penalties that clients might incur vis-à-vis third parties.
10.6. HortenDahl assumes no liability to third parties resulting from clients' use of material or advice provided by HortenDahl.
10.7. If we are jointly and severally liable together with our client vis-à-vis a third party, the client must indemnify us to the extent that our liability to the client and the third party exceeds the limitations set out in the above provision.
11. COMPLAINTS
11.1. If the client is not satisfied with HortenDahl’s advice or the calculated fee, the client may at any time contact the responsible partner or HortenDahl’s Managing Partner.
11.2. The client may complain about our advice or the calculated fee to the Disciplinary Board of the Danish Bar and Law Society at the following address:
Secretariat of the Disciplinary Board
Kronprinsessegade 28
DK-1306 Copenhagen K
Telephone: +45 33 96 97 98
Complaints can be submitted digitally via the website of the Disciplinary Board.
The Code of Conduct for the Danish Bar and Law Society is available at https://www.advokatsamfundet.dk/.
12. GOVERNING LAW AND JURISDICTION
12.1. Any dispute between HortenDahl and the client may be brought before the Danish courts of law only.
12.2. HortenDahl’s advice and these Terms of Business are governed by Danish law (excluding any conflict of laws rules).
13. MARKETING
13.1. Unless otherwise agreed, our marketing material may refer to HortenDahl’s advice to the client regarding an assignment when the assignment has been concluded and is public knowledge.
14. DATA PROTECTION AND INFORMATION ON THE RIGHTS OF DATA SUBJECTS
14.1. HortenDahl’s processing of personal data is described in “How we process personal data at HortenDahl”.
15. REPORTING OF CERTAIN CROSS-BORDER ARRANGEMENTS
15.1. According to current legislation, HortenDahl is in certain circumstances required to report certain cross-border arrangements to the tax authorities. If HortenDahl becomes aware of such a reporting obligation of a cross-border arrangement, HortenDahl is obliged to implement the necessary measures required to comply with this reporting obligation. This may imply that HortenDahl prepares the relevant reportable information and gives the client the opportunity to report the information to the tax authorities within the relevant deadline. If the client does not make the reporting within the relevant deadline, HortenDahl is obliged to make the reporting to the tax authorities.
15.2. HortenDahl is entitled to a fee for time spent assessing whether HortenDahl's assistance is covered by the rules on reporting of cross-border arrangements, as well as time spent in connection with any reporting.
16. AMENDMENTS AND INTERPRETATION
16.1. These Terms of Business may be amended by HortenDahl without notice and shall apply to new assignments commenced after the amendment.
16.2. In interpreting these Terms of Business, all aspects of a transaction or business relationship shall be understood as one relationship, regardless of whether it involves several legal entities associated with the client and regardless of whether these legal entities are invoiced separately. Similarly, all legal entities associated with the client shall collectively be considered as one client for the purposes of these Terms of Business.