APPLICATION OF BUSINESS TERMS
The law firm Sonderby Legal runs it’s business at the following addresses: Tronholmen 3, DK 8960 Randers SOE – Havnegade 4, DK 8000 Aarhus C – H.C. Andersens Boulevard 11, DK 1253 Copenhagen V
Please contact us by telephone +45 72109090 or via email: info@sonderbylegal.dk
Our VAT-no. is DK38054929.
Sonderby Legal is a limited partnership company.
The lawyers at Sonderby Legal are licensed by the Ministry of Justice in Denmark and is part of Advokatsamfundet.
The Terms of Business apply to all counselling and all work undertaken by Sonderby Legal for the Client, unless the Client has entered into another written agreement with us concerning the case in question.
THE PERFORMANCE OF THE LAWYER’S PROFESSION
Sonderby Legal and the Client regularly discuss pending cases with the Client to agree on the legal counselling and the scope of all work and of the participation and services of the Client and others.
In Sonderby Legal we commit ourselves to the Client to give legal counselling on an agreed time and in an agreed scope.
Sonderby Legal, including it’s partners and employees, carries out the work according to the claims in the Administration of Justice Act concerning the Code of Conduct and the Code of Professional Ethics of Lawyers and Advokatrådet’s Code of Ethics of Lawyers.
Sonderby Legal is subject to the regulations in the whitewashing law and shall therefore among others obtain and store identity information on the Client.
In the scope which is necessary for the conduct of the whitewashing rules Sonderby Legal is entitled to demand personal identification from the Client, including for those who are authorized to sign or others, who act on behalf of corporations, associations, foundations etc.
Sonderby Legal stores all files for at least five years after the case is closed. Original documents are returned at the latest when the case is closed.
The Client is granted the necessary rights to use the written material which Sonderby Legal delivers to the Client in connection with the case, but Sonderby Legal owns and retains all intellectual property rights and other intangible rights to the material.
FEES, INVOICING AND CLIENT MONEY
Sonderby Legal determines the fees under reference to the scope of the work, including work beyond the usual working hours, the interest the case represents for the Client, the value of Sonderby Legal’s services, the liability connected to the work, the complexity of the case, the scope of specialist knowledge and the obtained result. We can ask the Client for a bailment for our fees.
Case related expenses and disbursements including charges, reasonable travel and accomodation expenses, expenses for food, copies and shipment as for external transmissions are paid by the Client in addition to the fees.
Connected to the rectification of property transactions the assistance for the other party in the sale is settled with the Client, if the other party hasn’t established a digital signature and we therefore have to provide Power of Attorney Registration etc.
At the start of a case the Client shall upon request be informed about the fee, if the character of the case allows this. If that is not possible the Client shall be informed about the way we calculate the fee, such as the actual prices of the working hours. Concerning consumer conditions the Client shall be informed about the fee before the work is started.
Normally Sonderby Legal invoices at the end of each quarter. For large, external expenses we do ask for prepayment, though.
The payment terms are netto 8 days after the invoicing data. By delayed payment we calculate interest according to the rules in the Danish Interest Act. The invoice amount has to be paid with no condition to local taxes in the Client’s country of domicile.
All client funds entrusted to Sonderby Legal are managed in accordance with the rules of the Law Society and are deposited in client accounts with Sparekassen Kronjylland, Tronholmen 1, 8960 Randers SOE. Interest accrues to the client in accordance with the rules of the Law Society, while negative interest is charged to the client in connection with the settlement of the case. All interest is attributed or charged at the same rate as credited or applied to Sonderby Legal.
In the event of a bankruptcy depositors are covered by the Deposit Guarantee Scheme for depositors and investors. The guarantee covers an eligible depositor’s funds up to an amount equivalent to EUR 100,000 (approx. DKK 750,000). The maximum coverage applies to the total deposit in the bank, even if the money is in different accounts, including both client bank accounts and own accounts.
Special rules apply to deposits regarding real estate if the property has been used for, or intended for, mainly non-commercial purposes. Amounts up to EUR 10 million are covered, until 12 months after the amount was deposited, and whether the deposit is in separate accounts. Details of the Guarantee Scheme are found on the Guarantee Fund’s website www.gii.dk.
CONFIDENTIALITY, CAPACITY AND INSIDER RULES
Sonderby Legal is obliged to treat all information received from or about the Client confidentially. Everyone in Sonderby Legal is ordered to keep an extended professional secrecy, and in addition to that Sonderby Legal has safety procedures for the handling of all confidential materials.
Everyone in Sonderby Legal is subject to special rules according to the prevailing Prohibitory Law concerning disclosing internal knowledge of corporations quoted on the stock exchange and restrictions against trading of Stock Exchange listed securities.
Sonderby Legal has established special rules and procedures with the purpose to prevent conflicts of interests by the acceptance of the case and to handle conflicts of interests, should such occur. To the extent that we estimate conflicts of interests or a possibility that such could occur, we immediately inform the Clients and ask them to find legal assistance somewhere else.
By special agreement with the Client Sonderby Legal cooperates with others about counselling and on request from the Client informs about the precautionary measures, Sonderby Legal has made to prevent potential conflicts of interests.
LIABILITY, LIMITATION OF LIABILITY AND INSURANCE
Sonderby Legal is responsible for the counselling given according to the common rules of the Danish laws.
The liability of Sonderby Legal and it’s partners and employees is limited to an amount of max DKK 50 mill., subject to the proviso that the total indemnity to which the Client is entitled, can not exceed DKK 50 mill. in so far as any and all claims the Client issues through one calendar year are concerned.
Sonderby Legal and it’s partners and employees shall not be liable for indirect or consequential losses including business interruption, loss of data, loss of profits, goodwill, image etc.
Sonderby Legal’s partners and employees shall not be liable for potential mistakes made by counsellors Sonderby Legal has referred the Client to, and Sonderby Legal and it’s partners and employees shall not be liable for potential mistakes made by subcontractors to whom Sonderby Legal has handed over parts of the case solution to by agreement with the Client.
The lawyers at Sonderby Legal are insured against third-party risks at CODAN Forsikring and are comprised with the company’s warranty scheme signed for at CODAN Forsikring. The third-party liability insurance covers any legal services and board assignments conducted by Sonderby Legal, notwithstanding where the legal practice takes place.
The lawyers at Sonderby Legal are comprised byAdvokatsamfundet’s upervision and disciplinary system and by the Code of Conduct for Lawyers, cf. § 126 in the Danish Administration of Justice Act. Beyond that the Code of Professional Ethics of Lawyers apply.
The rules which specifically gouvern the performance of the lawyer’s profession can be found on the homepage of Advokatsamfundet.
COMPLAINTS
If the Client is not satisfied with Sonderby Legal’s counselling or the assessed fee, the Client has the possibility to contact the partner who is responsible for the case.
The Client can bring complaints about Sonderby Legal’s counselling or the assessed fee before Advokatnævnet:
Kronprinsessegade 28
1306 Copenhagen K
Denmark
Telephone: +45 33 96 97 98
Email: klagesagsafdelingen@advokatsamfundet.dk
www.advokatsamfundet.dk/Advokatnævnet
APPLICABLE LAW AND ASSIGNMENT OF JURISDICTION
Sonderby Legal’s counselling and Terms of Business are subject to the Danish laws.
Potential disputes can e be brought before the Danish courts of law, only.