Funds Flow Memorandum Template for Denmark

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Funds Flow Memorandum

Document background
The Funds Flow Memorandum is an essential document in complex financial transactions under Danish law, typically used in project finance, corporate lending, acquisitions, and other significant financial arrangements. It provides a detailed roadmap for the movement of funds between various parties, ensuring compliance with Danish financial regulations, including the Financial Business Act (Lov om finansiel virksomhed) and Money Laundering Act (Hvidvaskloven). The document is particularly crucial when multiple parties, accounts, and jurisdictions are involved, as it helps prevent errors, ensures regulatory compliance, and creates a clear audit trail. The Funds Flow Memorandum includes specific payment instructions, timing requirements, conditions precedent, and verification procedures, serving as the primary reference document for all parties involved in executing the financial aspects of the transaction.
Suggested Sections

1. Parties: Identification of all parties involved in the funds flow, including paying and receiving entities, banks, and intermediaries

2. Background: Context of the transaction and purpose of the funds flow memorandum

3. Definitions: Key terms used throughout the document

4. Transaction Overview: High-level summary of the entire funds flow structure

5. Funding Sources: Details of where the funds are coming from, including specific accounts and entities

6. Fund Flow Steps: Detailed, numbered sequence of fund transfers, including amounts, timing, and payment instructions

7. Payment Instructions: Specific bank account details and transfer requirements for each payment

8. Timing and Conditions Precedent: Specific timing requirements and conditions that must be met before transfers can occur

9. Compliance Requirements: AML, KYC, and other regulatory requirements that must be satisfied

10. Confirmation and Verification: Requirements for confirming receipt of funds and verifying transfers

11. Contact Details: List of key contacts for each party involved in the transfers

Optional Sections

1. Currency Exchange Provisions: Required when transfers involve multiple currencies, specifying exchange rates and conversion timing

2. Escrow Arrangements: Needed when funds are to be held in escrow as part of the transaction

3. Security Requirements: Include when transfers are subject to security arrangements or collateral requirements

4. Tax Considerations: Required when there are specific tax implications or withholding requirements

5. Force Majeure: Optional section dealing with circumstances that might prevent or delay transfers

6. Contingency Arrangements: Include when alternative transfer arrangements need to be specified

Suggested Schedules

1. Schedule 1 - Funds Flow Diagram: Visual representation of the flow of funds between parties

2. Schedule 2 - Bank Account Details: Comprehensive list of all relevant bank account information

3. Schedule 3 - Transfer Timeline: Detailed timeline showing all transfer steps and dependencies

4. Schedule 4 - Required Forms: Templates of any forms required for the transfers

5. Schedule 5 - Compliance Certificates: Templates of required compliance and verification certificates

6. Appendix A - Supporting Documentation: List of all required supporting documents

7. Appendix B - Transfer Confirmation Forms: Templates for confirming receipt of funds

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