Research projects

Fesearch projects

Financial advice and professional liability

The project will form the basis for a seminar that will take place in the autumn of 2014. The project deals with questions such as: what separates financial advice from other forms of advice? What characterises the interplay between ordinary tort law and the special circumstances that apply to financial advice?

The project takes a cross-disciplinary approach to bridging the gap between economy and certain aspects of law, including property law, public law, and procedural law.

- René Franz Henschel, Tanja Jørgensen and Carsten Tanggaard.

Handling ailing financial companies

The project formed the basis for a seminar that took place on 12 May 2014. Some questions that were asked: to what extent do the particular regulations and procedures that apply to financial institutions align with ordinary insolvency law principles? Is it possible to disqualify the management within a financial institution?

Keywords of the project are: external control of the market, state aid, mergers, restructurings, and bankruptcies.

- Hanne Søndergaard Birkmose, Kim Sommer Jensen, Pernille Wegener Jessen and Marina Bitsch Madsen.

Act on alternative investment fund managers

For several years, there was strong political focus on hedge funds, capital funds, and other alternative types of investment funds, but in 2011, the European Parliament and the Council passed the Directive 2011/61/EU of 8 June 2011 on Alternative Investment Fund Managers. In Denmark, the directive was implemented by means of the law on alternative investment fund managers (Lov om forvaltere af alternative investeringsfonde mv.). The law came into force on 22 July 2013.

The purpose of this book project is to provide a complete and systematised presentation of the legal regulation of alternative investment funds. The presentation will provide a substantial overview of the legislative development process and provide insight into the rules and principles that are central to the regulation of alternative investment fund managers.

- Hanne Søndergaard Birkmose and Martin Kristian Kruhl.

Responsible Lending – A legal response for preventing over-indebtedness and ensuring financial stability

2007 saw the advent of the worst financial crisis since the 1930s, and the last nine years have been marked by financial turmoil in most parts of the world. The international financial crisis originated with losses in the US market for subprime mortgages, but quickly spread to the rest of the financial sector and to other countries thereby becoming a threat to financial stability especially in the US and Europe. At the core of the crisis were irresponsible loans (subprime loans), which flourished in the first half of the 2000s.

The project is expected to lead to the publication of an international article about ‘responsible lending’ and a Danish article about ‘preventing over-indebtedness’. The first article will examine the issues at hand from an EU point of view, and the latter from a Member States point of view.

 – Tanja Jørgensen