Most company owners will take every possible measure required to secure their businesses. They have taken out insurance covering any kind of damage, right from water damage to infringement of patent rights, and most of them feel pretty well protected. There is no risk of their businesses being in any serious trouble in case of emergency; and yet …
Your company’s security
Many company owners fail to secure their companies’ agreements, when doing business with countries abroad. In the vast majority of cases, agreements with foreign connections are concluded by the sales representatives, and it is far from certain that they have any knowledge of the substance of the terms and conditions forming the basis for such agreements.
Typically, the company has a standard set of general terms and conditions, but Danish written legislation may be construed very differently from foreign legislation. This is where we may interfere and assist with experience and legal competence. We can point out the actual risk, and you may then decide if you are prepared to take it, or if you prefer some sort of coverage.
In addition, we have experience in assisting clients during negotiations. When sitting with you at the negotiating table, we often see that contracts are being optimized, both in legal terms but also in relation to the commercial conditions.
It may therefore be common sense for many companies to let their already existing contracts and agreements be subject to a legal assessment for the purpose of precluding any future faults or oversights.
We make the unknown factors known to you
There may be many unknown factors, when your company is doing business abroad. What must be included in the agreements? Are the contents thereof in compliance with the laws of the country concerned? Is there any security for performance of the contract? Should anything go wrong, will it then be possible to obtain coverage of any losses against sub suppliers or the insurance company? Will a foreign opposing party need to prove its loss? And does your insurance cover match the liability assumed by means of contracts and general terms and conditions? And a lot more …
We can help you to consider the most important aspects in your company’s international relations by advising you when entering into e.g. the following:
- International purchase and sale agreements;
- building contracts;
- agency and distribution agreements;
- supplier agreements;
- licence agreements;
- supply agreements and other types of cooperation agreements;
- drafting of general terms and conditions;
- distribution agreements;
- joint venture agreements;
- compliance manuals;
- and contracts for carriage of goods.
Has your company taken the correct international steps?
HjulmandKaptain offers advice on the steps recommended for your company to take when doing business abroad. Among other things, we offer:
- to uncover risks and pitfalls when negotiating and entering into agreements;
- to optimize contracts for the purpose of considering your company’s interests;
- to ensure that the contents of the agreements comply with the laws abroad;
- to provide safety and security for the opposing party’s performance, for payment under the contracts and for your company’s possibility to obtain cover of any losses, etc.;
- to inform about any related problems in terms of insurance, including synchronization of liability and insurance;
- to enable the pursuance of any claims adequately;
- to find new opportunities and business areas abroad.
Further, we offer advice in respect of choice of law and jurisdiction, including arbitration clauses in connection with specific contracts.
Optimal counselling on business abroad is best achieved in cooperation with local lawyers. Thus, we are members of the international network “International Jurists”, by means of which we may confer with colleagues in other parts of Europe, North and South America, China and major parts of Africa, and we may refer to these contacts, whenever required. Apart from this, we have liaison lawyers in other parts of the world as well.
Visit the homepage International Jurists
Should you have any questions to the above, please feel free to contact us by telephone +4570151000 or email to firstname.lastname@example.org.
We are ready to assist you
Mads Balsby Wilkens
Supreme Court Attorney, Equity Partner
+45 72 21 16 14 (direkte) / +45 40 97 97 00
Supreme Court Attorney, Equity Partner
+45 72 21 16 88 / +45 51 99 90 39
Supreme Court Attorney, Partner
+45 72 21 17 78 (direkte) / +45 40 72 80 55
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