The Limited Partnership Deed is a foundational document used when establishing a limited partnership (kommanditselskab) under Danish law. This structure is particularly popular for investment vehicles, real estate projects, and various business ventures where different levels of involvement and liability are desired. The deed must comply with Danish legislation, particularly the Act on Certain Commercial Undertakings, and includes detailed provisions on partnership structure, capital contributions, management rights, profit sharing, and partner obligations. It's essential for creating the legal framework that governs the relationship between general partners (who have unlimited liability and management rights) and limited partners (who have limited liability and typically act as passive investors). The document is crucial for businesses seeking to utilize Denmark's flexible limited partnership structure while ensuring clear governance and protection for all parties involved.
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Key Requirements PROMPT example:
Limited Partnership Deed
I need a Limited Partnership Deed under Danish law for a real estate investment partnership with one general partner and up to five limited partners, with a minimum commitment of 5 million DKK per partner and quarterly distribution provisions.
1. Parties: Identifies the general partner(s) and limited partner(s), including their full legal names, registration numbers, and addresses
2. Background: Sets out the context and purpose of establishing the limited partnership
3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes interpretation rules
4. Formation and Name: Establishes the partnership's name, effective date, and confirmation of its establishment as a limited partnership
5. Business Purpose: Defines the scope and nature of the partnership's business activities
6. Partnership Capital: Details the initial capital contributions, commitment amounts, and capital structure
7. Partners' Contributions: Specifies the nature, timing, and value of each partner's contributions
8. Management and Control: Outlines management structure, decision-making processes, and voting rights
9. Powers and Duties of General Partner: Details the authority, responsibilities, and limitations of the general partner
10. Rights and Obligations of Limited Partners: Specifies the limited partners' rights and restrictions, including non-participation in management
11. Profit and Loss Allocation: Sets out how profits and losses will be distributed among partners
12. Distributions: Details the policy and procedure for making distributions to partners
13. Books and Records: Specifies requirements for maintaining partnership records and partners' access rights
14. Transfer of Interests: Establishes rules for transferring partnership interests and admission of new partners
15. Term and Termination: Specifies the partnership duration and circumstances for termination
16. Dissolution and Liquidation: Outlines procedures for winding up the partnership and distributing assets
17. Notices: Sets out procedures for formal communications between partners
18. Governing Law and Jurisdiction: Confirms Danish law as governing law and specifies jurisdiction for disputes
1. Investment Policy: Required for investment partnerships, defining investment objectives, strategies, and restrictions
2. Key Person Provisions: Needed when success depends on specific individuals, defining their roles and consequences of their departure
3. Co-Investment Rights: Included when partners have rights to co-invest in specific opportunities
4. Advisory Committee: Required when establishing an advisory committee, defining its composition and functions
5. Default Provisions: Detailed provisions for handling partner defaults on capital commitments
6. Excuse and Exclusion: Provisions allowing partners to be excused from or excluded from specific investments
7. ESG Policy: Environmental, Social, and Governance policies when relevant to the partnership's activities
8. Competing Activities: Restrictions on partners' involvement in competing businesses
9. FATCA and CRS Compliance: Required for partnerships with international investors or activities
1. Partner Details: Complete details of all partners including contact information and initial capital commitments
2. Initial Assets: Detailed description and valuation of any assets contributed to the partnership at formation
3. Management Fee Structure: Detailed calculations and terms for management fees, if applicable
4. Valuation Policy: Methodology for valuing partnership assets and interests
5. Administrative Procedures: Detailed procedures for capital calls, distributions, and reporting
6. Form of Deed of Adherence: Template for admitting new partners to the partnership
7. Anti-Money Laundering Requirements: Procedures and requirements for AML compliance
8. Tax Matters: Detailed provisions regarding tax treatment and reporting obligations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Private Equity
Venture Capital
Real Estate
Infrastructure
Investment Management
Asset Management
Professional Services
Clean Technology
Renewable Energy
Maritime Industry
Agriculture
Life Sciences
Relevant Teams
Legal
Finance
Compliance
Tax
Investment
Fund Administration
Risk Management
Corporate Governance
Business Development
Operations
Relevant Roles
Legal Counsel
Corporate Lawyer
Partnership Manager
Fund Manager
Investment Director
Chief Financial Officer
Managing Partner
Compliance Officer
Tax Director
Company Secretary
Investment Manager
Asset Manager
General Counsel
Risk Manager
Private Equity Director
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