Who may file a complaint?

The following companies or associations are comprised by the stipulations of the Danish act on Payment Accounts and Basic Business Accounts, cf. Sec. 13 c, 2:

 1) Companies that are residing in and thereby having an address in Denmark, and where

1. at least one member of the Executive Board has residence in Denmark,

2. at least one of the actual owners, who own at least 25 per cent of the company, has residence in Denmark if the company is run without an Executive Board, or

3. at least one of the responsible managers has residence in Denmark, if the company is run without an Executive Board, and the company has no real owners who own at least 25 per cent of the company.

2) Associations which have residence in Denmark according to their statutes and where at least one of the persons authorised to bind the association has residence in Denmark.

 Complaints from companies/associations are filed in the name of the company/association. During the complaint procedure, the company/association must be represented by a personal representative.

Documentation for Danish domicile/residence requirement and power to bind the company/association

Along the complaint form, the following documentation must be attached:

• Fulfillment of above-mentioned requirement of Danish residence for at least one of the above stated persons,

• Power of Attorney to the representative (unless the representative is a lawyer) from the person(s) with power to bind the company/association.

Companies/ business associations – documentation

A complete transcript from the Centrale Virksomhedsregister (CVR register), evidencing the following, must be attached:

• Residence in Denmark and identity of relevant person concerning residency requirement (Companies: Management/Executive Board, real owner(s)/share of ownership/ownership share or management responsible. Personally owned companies: The fully responsible person(s)/participants. Business associations: Real owners or management responsible)

as well as

• provisions to bind the company/association/ who is presently responsible to bind the company/association.

If this information is not apparent from the CVR register, another kind of documentation must be presented (for instance statutes or reports of general meetings).

Furthermore, you must attach a transcript from the National Register of Persons (Folkeregistret) evidencing that at least one of the below stated persons has residence in Denmark:

1. at least one member of the Board of Directors

2. if the company is run without a Board of Directors: at least one of the real owners, who own at least 25 per cent of the company, or

3. if the company is run without a Board of Directors and has no real owners, who own at least 25 per cent of the company: at least one of the management responsible.

The transcripts from the CVR register and the National Register of Persons must be no older than one month.

Power of Attorney must be attached (you must use the Complaint Board’s Power of Attorney form) from the persons authorized to bind the company/association to the representative of the complainant unless this person is a lawyer.

If deemed necessary, the Secretariat may ask for other documentation.

Other (not business) associations – documentation

It is assumed that the association has formal statutes, at least two members, possibility of a changing membership circle, that the top level is a general assembly or a board of representatives, and that the association has a management chosen by the members on/at a general assembly.

Attach a complete transcript from the CVR register, statutes and minutes of general assembly(-ies) evidencing residency in Denmark and rule of power to bind the association/those who currently have power of bind the association.

Furthermore, attach of transcript from the National Register of Persons evidencing that one of the persons with power to bind the association, has residency in Denmark.

The transcripts from the CVR register and the National Register of Persons may be no older than one month.

Furthermore, attach signed Power of Attorney (you must use the Complaint Board’s Power of Attorney form) from the persons authorized to bind the association to the representative of the complainant, unless this person is a lawyer.

If deemed necessary, the Secretariat may ask for other documentation.