Regulatory matter in connection with business transfers and restructurings

Business transfers in the Danish energy and utility sector, whether structured as an asset or share transfer, often give rise to a number of other issues that must be handled before the transaction can be completed. 

Our Energy Practice Group has over the last decades assisted in high-profile and complex transactions in the Danish energy and utility sector, thereby gaining unique experience. 

Transactions in the energy sector, including corporate restructurings, are complicated by the various regulatory requirements and approvals that must be handled as part of the transactions. This includes for example approvals for direct or indirect transfers of authorisations and licenses and requirements for secondary liability for asset decommissioning costs. In the past few years, focus has also been on so-called critical infrastructure and the ownership of such infrastructure, not least in the energy sector. Further information on foreign direct investments is available here. 

Our advice 

We advise i.a. on regulatory matters in connection with business transfers and restructurings, including in relation to:

• grid and transmission licenses
• power generation licenses
• oil and gas licenses, including secondary liability requirements
• negotiations with the authorities in relation to requirements for parent company guarantees and technical and financial capacity
• public service obligation licenses 
• permissions and licenses in relation to offshore wind farm projects
• gas storage facilities 
• natural gas distribution and transmission networks.