International Law

Swedish Law - Severance Compensation to Sales Agents - 31 § Sales Agency Act

Posted on August 31, 2010
According to § 31 of the Sales Agency Act a request for severance compensation must be lodged within one year from the termination of the agreement, which is consistent with the EC directive regulating. The provision is mandatory in the sales agent's favour, thus a shorter limitation period is not allowed...

Swedish Law - Severance Compensation to Sales Agents - 30 § Sales Agency Act

Posted on August 30, 2010
30 § of the Sales Agency Act deals with the right to severance compensation, if the agent terminates the contract himself. The provision is mandatory to the sales agent's benefit and is based Article 18 of the EC Directive. The agent is entitled to severance compensation only if 1...

Swedish Law - Severance Compensation to Sales Agents - 29 § Sales Agency Act

Posted on August 26, 2010
According to § 29, the sales agent is not entitled to severance compensation, if 1. the principal has terminated the agreement because the agent's breach of contract, provided the sales agent has acted intentionally or recklessly; 2. the agency agreement is terminated by reason of the agent's bankruptcy, or 3...

Swedish Law - Severance Compensation to Sales Agents - 28 § Sales Agency Act

Posted on August 24, 2010
According to the Swedish Sales Agency Act 28 § Agent is entitled to severance compensation (?avgångsvederlag?) when the agency agreement ceases if and to the extent 1. the sales agent has provided the principal with new customers or has significantly increased trade with the existing group of customer and the principal will derive a significant advantage from such development, and 2...

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Swedish Law - Severance Compensation to Sales Agents

Posted on August 23, 2010
As I quite often get questions about the rules on severance compensation to sales agents, I will briefly cover the current rules in some coming blog posts.Questions concerning agents are governed by Act (1991:351) on sales agency, usually referred to as the Sales Agency Act...

Swedish Law ? Purchasing Real Estate in Sweden

Posted on August 20, 2010
I have received a question if a foreign (i.e. non-Swedish) lawyer may draft the Sale and Purchase Contract in respect of Swedish real estate.My answer was roughly as follows:There is no formal requirement that a Sale and Purchase Contract should be drafted by a Swedish lawyer...

Koenigsegg backs out of Saab deal

Posted on November 24, 2009
Swedish media reports that Koenigsegg is backing out of the Saab deal with GM. Read the comments in The Local.

Silence is the Enemy

Posted on June 03, 2009
Although this blog is intended to cover Swedish law issues I have to tell you about "Silence is the Enemy"Silence is the Enemy is a campaign initiative against the rape and abuse of women and girls in Liberia and around the world started by Sheril Kirshenbaum in her blog The Intersection...

Swedish Bankruptcy Law ? US Domiciled Swedish Debtor

Posted on May 29, 2009
I received the following comment/question to one of my posts on "Swedish Law ? Company Reorganisation":I'm not sure this is the right place to post this....I came across your blog doing some internet research on Swedish bankruptcy laws...My husband is a Swedish citizen who took out a loan to start a photography business (I think it is actually a personal loan though)...

Swedish Law ? SAAB Reorganisation - New Prolongation

Posted on May 29, 2009
The Vänersborg City Court announced this morning its decision that the SAAB reorganisation shall continue until August 20, 2009.

Swedish Law ? Purchasing Real Estate in Sweden - Sale of Co-Owned Property

Posted on April 22, 2009
I have received a question about the sale of a property by a 50 % owner. Question:Is it possible for a 50% share owner of a property to order the sale of the entire property without the consent of the remaining partners?As my answer may be hard to find among the old posts on Purchases of real estate in Sweden I publish it here...

The Pirate Bay Sentence Today

Posted on April 17, 2009
The four men connected with The Pirate Bay were sentenced today to one year of imprisonment each for being accessories to copyright infringement. They shall also pay damages in an amount of SEK 30 million corresponding to about US$ 3.5 million. The Local has more in this article Pirate Bay guilty.

Swedish Law ? SAAB Reorganisation

Posted on April 06, 2009
As mentioned in an earlier blog post the SAAB creditors? meeting will take place in Vänersborg today. Further information can be found in this article in the Local.

Swedish Law ? SAAB Reorganisation

Posted on April 06, 2009
The Vänersborg City Court decided today at the creditors? meeting that the SAAB reorganisation shall continue until May 20, 2009. At the request of some creditors the court appointed a creditors? committee. As mentioned in an earlier blog post the administrator shall consult with the committee in all significant issues.

Swedish Law ? Company Reorganisation ? Compulsory Composition (continued)

Posted on March 26, 2009
Only creditors whose claims arose prior to the application for company reorganisation may participate in composition proceedings. A creditor whose claim may be satisfied through set-off or whose claim is subject to rights of priority may not participate in the proceedings...

Swedish Law ? Company Reorganisation ? Compulsory Composition

Posted on March 24, 2009
According to the old Composition Act of 1970 the creditors could be force to accept a composition provided a majority of the creditors voted for such a solution. The procedure under the old act was not part of a reorganisation procedure but a separate institute...

Swedish Law ? Company Reorganisation ? Termination of Reorganisation

Posted on March 17, 2009
Before I go into the next steps in a successful company reorganisation, I find it appropriate to mention the situations where the reorganisation will be terminated by the district court. They are: when the purpose of the reorganisation is deemed to have been achieved, if the company requests a termination and a decision to proceed to composition has not been passed, if the company fails to participate in the creditors? meeting, if the administrator or a creditor so requests and the purpose of the reorganisation is deemed not to be possible to achieve and if a special cause otherwise exists for a termination...

Swedish Law ? Company Reorganisation ? Right to Set-Off (continued)

Posted on March 16, 2009
The first of the exemptions from the right to set-off mentioned in my last blog post covers claims on the company acquired from a third party later than three months prior to the date when the application for company reorganisation was filed. Such a claim may only be offset against a claim which the company possessed at the time at which the creditor acquired its claim, if the acquisition could be deemed as ordinary...

Swedish Law ? Company Reorganisation ? Right to Set-Off

Posted on March 12, 2009
The basic rule concerning right to set-off is that anyone who held a claim against the company when the application for company reorganisation was filed has the right to offset such claim against claims which the company had at such date against such person...

Swedish Law ? Company Reorganisation ?Company?s Agreements (continued)

Posted on March 11, 2009
The provisions about what happens to the agreements of a Swedish company undergoing reorganisation apply even if the parties have agreed otherwise. Any agreement contrary to the rules in the Act is null and void.It should also be noted that the provisions do not apply to employment contracts not to creditors holding financial instruments or currency as security.

Swedish Law ? Company Reorganisation ?Company?s Agreements

Posted on March 05, 2009

Swedish Law ? Company Reorganisation - Creditors? Meeting

Posted on March 03, 2009

Swedish Law ? Company Reorganisation - Enforcement Measures during Reorganisation

Posted on March 03, 2009

Swedish Law ? SAAB Reorganisation

Posted on March 02, 2009

Swedish Law ? SAAB Reorganisation

Posted on February 28, 2009

Swedish Law ? SAAB Reorganisation

Posted on February 27, 2009

Swedish Law ? Company Reorganisation - Company?s obligations

Posted on February 26, 2009
During the reorganisation the company has to provide the administrator with all financial information of significance in the reorganisation and shall comply with the administrator?s instructions regarding the way the company?s business shall be conducted...

Swedish Law ? Company Reorganisation

Posted on February 25, 2009
Duties of the AdministratorThe administrator is obliged to inform all known creditors of the company of the reorganisation decision within one week. Such information shall also include a preliminary schedule of the assets and liabilities of the company,the most recent balance sheet and any additional information required about the company?s financial position,the reasons for the payment difficulties and how the business activities of the company may be reorganised andinformation about the date of a creditors meeting set by the court in connection with the reorganisation decision...

Swedish Law ? Company Reorganisation

Posted on February 24, 2009
Application and Court DecisionThe application for reorganisation should be filed with the district court which has territorial jurisdiction over the company. The court will make a decision immediately if the application has been made by the company; normally on the day the application is filed...

Swedish Law ? Reorganisation Requirements

Posted on February 23, 2009
I will in a couple of blog posts go in to more detail about the Swedish Company Reorganisation procedure. From the press coverage of the SAAB decision to avail itself of the Swedish reorganisation rules I note that some journalists do not seem to be very well informed of the content of the rules...

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