Koncernstyring i banker:Plads til forbedring?

i Nordisk Tidsskrift for Selskabsret
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This article examines various provisions in Lov om finansiel virksomhed and Hvidvaskloven in cases where the parent company is obligated to develop certain policies that must be implemented by the subsidiary. The article explains that enforcement of such policies requires an explicit legal basis if the country where the subsidiary is located operates with a system that acknowledges the principle of autonomous companies. The article therefore examines how the various provisions has established such a proper legal basis and whether this has been done in a consistent way across the provisions.

The article concludes that the provisions in Lov om finansiel virksomhed and Hvidvaskloven have different ways of enforcing the obligations. This leads to an overall inconsistent regulation across the provisions. Hvidvaskloven operates with a system where the subsidiary is obligated to follow the policies developed by the parent company. The article advices that this legal model is implemented across all provisions that regulates cases where the parent company is obligated to develop certain policies that must be implemented by the subsidiary. By doing that, the provisions would be better off fulfilling the objective behind the provisions and also enable a consistent and sufficient regulation.

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