The team is ”very proactive, presents solutions, and will always make a recommendation” – Chambers and Partners
COMPLIANCE & REGULATORY
COMPLIANCE & REGULATORY
Within Compliance & Regulatory we provide companies and organisations with advice on and interpretation of Swedish rules based on EU law, rules which often include prohibitions and sanctions. We also perform internal company investigations in case of suspected infringements. Our services include:
• Foreign Investment Reviews
• Counteracting corruption
• Counteracting money laundering
• Review of Swedish legislation from an EU law perspective
• Internal investigations of companies
Foreign Investment Reviews
As of January 1, 2021, all business transactions that involve the transfer of Swedish security sensitive activities must be notified to the Swedish Security Services or Swedish Armed Forces that ultimately can prohibit the transfer. This legislation is part of an ongoing global trend of introducing national legislation requiring extensive scrutiny of acquisitions or investments in operators of critical infrastructure or sensitive technologies that may pose risks to a country’s security.
In practice, it is an additional regulatory process that may play a crucial role in the planning of a transaction. Without a well-balanced strategy early on in the process, a proposed transaction may be exposed to legal challenges, timing implications and increased costs.
We provide legal and strategic advice to our clients throughout this process. This includes determining whether there is a filing obligation, ensuring that there are protection mechanisms in the transfer agreement and assisting in the preparation of the filing and consultation with the relevant authorities. For filings required outside of Sweden, we coordinate the process together with reputable law firms from the relevant jurisdictions.
Corruption is a serious problem as it contributes to poverty and inequality, damages democratic institutions, deters from investments and distorts competition. Consequently, the legislation is continuously sharpened. We assist our clients in interpreting the corruption legislation and its requirements for companies. We also provide services to implement routines and associated training to ensure that the company does not violate legislation or best practice recommendations.
The rules on money laundering and the financing of terrorism today affect more companies than just banks and financial institutions. We provide our clients with services to interpret the money laundering legislation and its requirements for companies. We also provide services to implement routines and associated training to ensure that the company does not violate legislation or best practice recommendations.
Review of Swedish legislation from an EU law perspective
The increased number of litigations under competition and public procurement law and the questioning of several governmental monopolies under general rules in EU law shows the increased importance of EU law in Sweden. Our services include interpretation and application of rules and principles in the Treaty on the Functioning of the European Union as well as in specific detailed regulations and directives.
Internal investigations of companies
We provide internal investigations of suspected misconduct within companies on behalf of owners, board of directors or management. Our internal investigations are led by an experienced investigator supported by a small team of legal experts depending on the relevant areas of law. If necessary, we use external expertise for financial analysis, IT forensics or other needed industry knowledge.
Our internal investigations are protected by legal privilege and are therefore protected from insight from others than the client.