1. Receiving the case

Upon receiving a case, in accordance with the Danish Administration of Justice Act, the rules of the Danish Bar and Law Society, and internal rules, we ensure that there is no bias or conflicts of interest. If we find that we are unable to handle a case, we can help you find another law firm.

Like any other Danish law firm, PUNCT is subject to the Danish Act on Measures to Prevent Money Laundering and Financing of Terrorism (the AML Act). Therefore, we are obliged to obtain and keep client identity records and to continually assess the risk of whether money laundering or terrorist financing is occurring in relation to our cases. As a result, our clients may find that we ask questions and request documentation for clarification. This is done on a routine basis, and the information is not used for commercial purposes. See our privacy policy.

In addition, we are obliged to investigate transactions if we suspect that they are related to money laundering or terrorist financing. We may also be obliged to notify the Anti Money Laundering Secretariat at the Danish Special Crime Unit (NSK) or the Danish Bar and Law Society.

 2. Confidentiality

All PUNCT staff are obligated by professional secrecy. Unless otherwise agreed, we treat all information we receive from clients in complete confidentiality. In the case of external communication, PUNCT cannot guarantee that third parties will treat information confidentially.

3. Insider dealing

All PUNCT staff are subject to internal rules regarding insider dealing as well as applicable laws designed to prevent insider dealing, including prohibition of unlawful disclosure of inside information regarding publicly listed companies and restrictions on trading in listed securities.

4. Client account

We manage client funds in accordance with the rules of the Danish Bar and Law Society. Client funds are deposited in separate client accounts at our bank connection. If a separate client account is created, interest accrued on the client account accrues to the client, and any accrued negative interest is debited to the customer. If the client funds are deposited in our main client account interest accrued will not be paid to the client, nor will any accrued negative interest be debited to the customer.

The client will be charged any fees that the financial institution holding the account may charge for the opening, maintenance, or closure of the client account.

When opening a client account, we are obliged to disclose client identity to the financial institution in which the client account is opened, as the financial institution must comply with the AML Act.

Client funds in client accounts are protected up to EUR 100,000 per client per financial institution under the Deposit Guarantee Scheme. The coverage cap includes client deposits on own accounts, on separate client accounts and on joint client accounts. PUNCT is not liable for any loss of client funds that may result from the insolvency proceedings of the account-holding financial institution.

5. Fees and invoicing

Before we carry out a task for a client, we gladly – and always to consumers – provide a price for the performance of the task. In smaller cases, when it is possible to predict the progress of the case, we can often give a total price for the whole assignment. In larger cases, this is rarely possible. Instead, we are happy to quote manageable subtasks before we carry them out. For larger assignments, we also routinely inform the client of our time consumption.

Our prices are generally based on how much time we spend on the case, but following factors may also play a role when determining the price: the size and complexity of the assignment, the importance of the assignment to the client, the result achieved, the responsibility involved in solving the assignment, the value of the case, the level of specialist knowledge and experience required, and whether the assignment is carried out outside normal working hours.

Unless otherwise agreed, we will settle monthly in arrears and at the conclusion of the case. In certain types of cases, we also request advance payment of our estimated fee. Our payment terms are 14 days from the invoice date.

The client is charged separately for expenses paid and costs incurred in connection with the assignment. Regarding expenses paid and other costs, we generally ask for advance payment.

In the event of late payment by the client, default interest is charged in accordance with the relevant provisions of the Danish Interest Rates Act.

6. Intellectual Property Rights

Unless otherwise agreed, copyright and other intellectual property rights in material prepared by PUNCT belongs to PUNCT.

7. Completion of the assignment

Both PUNCT and the client may terminate their collaboration at any time. The right to fees and reimbursement of expenses are not forfeited in the event of termination of the assignment.

Original documents are returned at the conclusion of the assignment at the latest. We keep a copy of the case file.

8. Marketing

Unless otherwise agreed, if it is publicly known, PUNCT is entitled to refer to an assignment for marketing purposes once the assignment has been completed.

9. Liability, limitation of liability and Insurance

PUNCT is liable for our advice to our clients under the general rules of liability under Danish law, subject to the limitations set out below.

The client can only make a claim against PUNCT Advokater P/S and thus not against the individual partner or other employees. Our advice is targeted to the specific assignment and may not be used for any other purpose without our express consent. Unless otherwise agreed, we are only liable to the client for the advice provided. We are Danish lawyers and therefore advise solely on the basis of Danish law. If a case we are handling involves foreign law, and we advise the client in connection therewith, this advice is given either on the basis of a pure interpretation of the wording based on our Danish legal training and general experience in connection with the type of assignment in question, and/or that it is solely a matter of dissemination/summary/report of advice received from a foreign adviser on behalf of the client. Whatever the circumstances, our advice never includes advice on the relevant foreign legal position, which should always be sought from a relevant foreign adviser.

Notwithstanding the foregoing, PUNCT’s liability per assignment is limited to DKK 10 million. Our liability does not include asset losses, operating losses, loss of data, profit losses, goodwill, or any other form of indirect or consequential losses. PUNCT is not liable for errors committed by consultants to whom PUNCT has referred or for errors committed by subcontractors to whom PUNCT has entrusted or referred part of the performance of the assignment.

10. Complaints

If the client is dissatisfied with our advice or services on a given assignment, the client may at any time contact the partner in charge of the assignment.

In the event of a dispute over fees charged by PUNCT Advokater P/S and/or dissatisfaction with the conduct of PUNCT Advokater P/S staff, the client may complain about the amount of the fee and/or the conduct to the Disciplinary Board of the Danish Bar and Law Society, Kronprinsessegade 28, 1306 Copenhagen K, Denmark (www.advokatnaevnet.dk).

11. Governing law and jurisdiction

Any dispute between a client and PUNCT will be settled in accordance with Danish law and subject to the exclusive jurisdiction of the Danish courts with the City Court of Copenhagen as court of first instance.

The Terms and Conditions were last updated on the 4th of January, 2023.