Client information
Mazanti-Andersen Advokatpartnerselskab
Central Business Registration (CVR) no.: 35 89 20 52
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Copenhagen |
Odense |
Mazanti-Andersen Advokatpartnerselskab ("Mazanti-Andersen", "we" or "us") is an integrated partnership among partners organised in a limited liability partnership, an "advokatpartnerselskab". The firm is managed through several committees, coordinated by a board of directors.
Our lawyers are admitted to practice law by the Danish Ministry of Justice and are members of the Danish Bar and Law Society. Mazanti-Andersen is a member of the Association of Danish Law Firms (Danske Advokater).
Joint client account
Mazanti-Andersen holds its joint client account in Danske Bank.
Insurance
Mazanti-Andersen is covered by insurance against professional liability risks and has provided a guarantee in accordance with the rules of the Danish Bar and Law Society with a reputable insurance company, Codan Forsikring A/S, Gammel Kongevej 60, DK-1790 Copenhagen V. Our liability insurance covers any Danish legal practice, regardless of where in Denmark the practice is being conducted.
Anti-money laundering rules
Mazanti-Andersen must comply with the obligations of the Danish Act on Measures to Prevent Money Laundering and Terrorist Financing. Consequently, clients are required to provide their name, address and civil registration (CPR) number or Central Business Registration (CVR) number when a new matter is opened and, where necessary, documentation for this information. Furthermore, information and documentation must be provided with respect to a company's beneficial owners.
We may not commence our work until we have received all the required identity information. In accordance with the act, identity information will be kept for a minimum of five years after the relationship with the client has ended.
The client’s submission of identity information etc. to us is deemed a consent to our disclosing of such identity information to financial institutions in order to meet the obligations set out in the act.
The act requires Mazanti-Andersen to investigate transactions if there is suspicion of money laundering or financing of terrorism. Mazanti-Andersen may also be obligated to notify the Public Prosecutor for Serious Economic Crime or the Danish Bar and Law Society.
Information about the ethical rules for the legal profession and the Council of the Danish Bar and Law Society (Advokatrådet) can be found on the Danish Bar and Law Society’s website.
Reporting of certain cross-border arrangements
In certain cases, Mazanti-Andersen is obligated to report information about cross-border arrangements to the tax authorities. This may entail that we prepare and report the information subject to the reporting duty to the client in question and simultaneously inform the client that we will report the relevant information to the tax authorities within the relevant reporting deadline if the client has not itself reported to the authorities within the applicable deadline. Our resources used, including time consumption, in connection with our assessment of whether the client's case is comprised by the above rules, as well as any other steps following from the rules, will be included in the basis for the fee that we will invoice the client.
Terms of Business
Unless otherwise agreed, these Terms of Business apply to all assignments undertaken by Mazanti-Andersen Advokatpartnerselskab ("Mazanti-Andersen", "we" or "us").
Scope and duration
We confirm and acknowledge receipt of an assignment as quickly as possible. Where deemed necessary, or upon the client's request, our agreement regarding the assignment is documented in an engagement letter.
Upon receipt of an assignment, we will check if our acceptance will give rise to any conflicts of interest.
Mazanti-Andersen conducts all cases in compliance with the provisions of the Danish Administration of Justice Act on practicing of law and the Code of Conduct laid down by the Danish Bar and Law Society.
The scope of the legal assistance requested by the client in relation to a case shall be agreed on an ongoing basis.
The cooperation between Mazanti-Andersen and the client may be terminated at any time and by either party. Mazanti-Andersen is entitled to payment of all fees and reimbursement of all costs for the period up to the effective termination of our engagement.
Documents and intellectual property rights
All documents are stored for 10 years from the date when the assignment is concluded and will thereafter be shredded (digital copies will be deleted), unless otherwise agreed with the client. Shorter or longer storage periods apply to specific assignments. If so, we will inform the client accordingly.
Unless otherwise agreed, intellectual property rights in materials prepared by Mazanti-Andersen belong to Mazanti-Andersen.
Fees and expenses
Unless otherwise agreed, Mazanti-Andersen's fees are determined based on several factors, including the time consumed in connection with our assistance, the outcome achieved, size and complexity of the case, the level of specialist knowledge, the level of responsibility associated with the matter, time constraints, etc. Our fees are added VAT according to applicable rules.
All assignments will be handed against a fee, which is commensurate with the value of the case. However, in relation to cases of less value it may occur that the fee will not be commensurate with the value of the case.
When agreed upon with the client, and deemed possible, Mazanti-Andersen may provide an estimate of the fee, which is expected to be invoiced for the assignment. If it is not possible to estimate the fee, the client will be informed of the applicable fee calculation principles. In matters pertaining to consumers, the client will always receive in-formation on the expected fee, prior to the commencement of the case.
Expenses paid, and costs incurred, in connection with the assignment are charged separately. Ordinary secretary assistance is included in the fee.
Terms of payment
Mazanti-Andersen invoices on a monthly or quarterly basis or upon completion unless other invoicing terms have been agreed with the client or where appropriate. We are, however, always entitled to settle long-term cases on account.
Unless otherwise agreed, payment terms are 14 days from the date of invoice. In case of late payment, the firm shall be entitled to charge interest pursuant to the provisions of the Danish Act on Interest in force at any time.
Management of client funds
Amounts paid into Mazanti-Andersen's client account are deposited on Mazanti-Andersen’s main client account (a joint client account) for the client's own account and risk. Mazanti-Andersen cannot be held liable for amounts deposited in Mazanti-Andersen's client bank accounts if the bank is or becomes distressed. It can be specifically agreed that amounts are paid into a separate client account instead of Mazanti-Andersen's main client account.
Mazanti-Andersen obtains, keeps and processes information about clients in accordance with applicable law and client bank account rules.
All client funds deposited on 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 in the client accounts, the maximum limit will then apply to the total deposit.
Special rules apply to deposits made in connection with real estate if the property has been or will be used for mainly non-commercial purposes. In this case, amounts of up to EUR 10 million are covered until 12 months after the money has been deposited, regardless of whether the deposit is on a separate account or not. Further information can be found here.
Interest on deposits on client accounts
Mazanti-Andersen will pay interest on deposits held on client accounts at the rate of interest paid by Mazanti-Andersen's bank. The interest amount will be reported to the Danish Tax Agency. Where the accrued interest is negative, the interest expense will be deducted from the deposit.
If client funds are deposited in Mazanti-Andersen's main client account, both negative and positive interest will only be added when a minimum of DKK 100,000 has been deposited for a continuous period of at least 14 days. Interest on funds deposited in excess of these limits will be calculated, paid and reported to the Danish Tax Agency in accordance with applicable rules.
Any positive or negative deposit interest added to a separate client account, as well as any fees that the bank in question may charge in connection with the establishment, maintenance and closure of a separate client account, will be charged to the client.
Confidentiality and insider trading
All information received from or about the client in connection with the work performed for the client will be treated as confidential. All employees at Mazanti-Andersen are subject to a duty of confidentiality, and we have established special safety procedures in relation to our processing of confidential information and material.
All employees of Mazanti-Andersen are subject to the legislation pertaining to non-disclosure of internal information in respect of listed companies and the restrictions on trading in listed securities. We have adopted an internal set of rules and procedures to prevent insider trading.
Liability, limitation of liability and liability coverage
Mazanti-Andersen is liable for the legal services provided in accordance with the general rules of Danish law, subject to the modifications set out in these Terms of Business and any engagement letter concluded with the client.
For any given assignment our liability is capped at the lower of five times the fee for the relevant assignment and DKK 50 million, and we shall not be liable to any one client for any compensation in excess of DKK 100 million in relation to claims brought by such client within a calendar year or the immediately preceding calendar year.
Mazanti-Andersen is not liable for any consequential damages, including loss of data, operating loss, loss of profit, goodwill or reputation, or any other indirect losses.
If Mazanti-Andersen incurs joint and several liability together with our client vis-à-vis a third party, the client must indemnify us to the extent our total liability to the client and the third party exceeds the limitations set out above.
Mazanti-Andersen is not liable for any advice rendered by the client’s other advisers, regardless of whether these are engaged with our assistance.
If the client is a business entity, any claim for damages it may have against Mazanti-Andersen will become time-barred 12 months after the client becomes, or ought to have become, aware of the circumstances on which the claim is based. However, all claims for damages will become time-barred at the latest three (3) years after the advice on which the claim is based was given.
Mazanti-Andersen is covered by insurance against professional liability risks and has provided a guarantee in accordance with the rules of the Danish Bar and Law Society with a reputable insurance company, Codan Forsikring A/S, Gammel Kongevej 60, DK-1790 Copenhagen V. Our liability insurance covers any legal practice, regardless of where in Denmark the practice is being conducted.
Marketing
Mazanti-Andersen reserves the right to refer to our involvement in a given assignment, once it is completed and publicly known, in the marketing of Mazanti-Andersen.
Data protection and information on the data subjects’ rights (GDPR)
Mazanti-Andersen processes personal data in accordance with our Privacy Policy available on our website.
Complaints
If the client is not satisfied with our advice or the calculated fee, the client may at any time contact the partner responsible for the assignment.
Mazanti-Andersen is subject to the Code of Conduct laid down by the Danish Bar and Law Society and the Bar and Law Society’s ordinary rules on complaints. Complaints about our services or the calculated fee may be filed with the Disciplinary Board (Advokatnævnet):
Advokatnævnets sekretariat
Kronprinsessegade 28
DK-1306 Copenhagen K
Tel: 33 96 97 98
Email: postkasse@advokatnaevnet.dk
The complaint can be submitted electronically via the complaint portal, here.
Governing law and venue
Any dispute between Mazanti-Andersen and a client shall be settled in accordance with Danish law and be subject to the exclusive jurisdiction of the Danish courts.
Copenhagen, 8 November 2023.