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Swedish Law Blog 
The Swedish Law Blog is a blawg about Swedish law mainly for non-Swedish lawyers on various business law related topics written by a Swedish lawyer.
Post Frequency: 0.3/day Last Entry: June 03, 2009 at 06:25:00 Recent Entries: 63
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Silence is the Enemy
Posted on June 03, 2009Although 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, 2009I 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, 2009The 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, 2009I 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, 2009The 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, 2009As 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 ? Company Reorganisation ? Compulsory Composition (continued)
Posted on March 26, 2009Only 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, 2009According 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, 2009Before 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, 2009The 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, 2009The 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, 2009The 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 - Enforcement Measures during Reorganisation
Posted on March 03, 2009Swedish Law ? Company Reorganisation - Company?s obligations
Posted on February 26, 2009During 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, 2009Duties 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, 2009Application 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, 2009I 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...
Swedish Law ? Company Reorganisation ? Administrator Appointed
Posted on February 23, 2009As a very short update about the SAAB Automobile AB reorganisation I can tell you that the Swedish lawyer Guy Lofalk of Lofalk Advokatbyrå in Stockholm has been appointed administrator of the SAAB reorganisation by the City Court of Vänersborg.The creditors meeting will take place in Vänersborg on April 6, 2009...
Swedish Law ? Company Reorganisation
Posted on February 20, 2009In view of today?s decision by the Swedish car manufacturer SAAB, belonging to the General Motors Group, to apply for company reorganisation according to the Swedish Company Reorganisation Act (1996:764), in Swedish only, it may be interesting to provide some information about the Swedish company reorganisation procedure...
Swedish Law ? Aval
Posted on February 19, 2009I was recently asked by a client what ?aval? or ?avalize? meant. A foreign manufacturer had asked his customers for ?avalized banker?s drafts?. From my legal studies ? in a long distant past ? I seemed to remember that it had something to do with guarantees of drafts or checks...
Swedish Law - Civil limitations/ "preskription"
Posted on January 15, 2009The rules on civil limitation/"preskription" are found in the Swedish Limitations Act/"Preskriptionslag (1981:130)". I can not find any English translation of the act on the internet. It can be found as a part of "Swedish Commercial Legislation" available here...
Swedish Bankruptcy Law ? Employee Claims
Posted on December 10, 2008An employment contract does not automatically terminate because the employer is declared bankrupt. The receiver has to decide whether or not to give notice of termination. An employee?s salary claim is considered as a general preferential status. Unpaid salaries due within three months before and within one month after the bankruptcy decision have such preferential status...
Floating charges
Posted on December 05, 2008The most common form of general preferential claims is a floating charge (?företagsinteckning?). It is a security which covers all business assets with certain exceptions e.g. liquid funds. However, creditors with a special preferential claim to a certain asset have, of course, priority before the holder of a floating charge...
Swedish Bankruptcy Law ? Preferential claims (claims with ?förmånsrätt?)
Posted on December 01, 2008Creditors who have a security with a special preferential claim are entitled to receive payment out of the assets of the bankruptcy estate so secured before other creditors. This may be the case, for example, where a certain asset has been pledged in security...
Swedish Bankruptcy Law ? Creditor?s Set-off Rights
Posted on November 26, 2008A creditor who has a claim against the bankrupt is allowed to a set-off against a claim which the bankrupt may have against the creditor, provided ? in general terms - that the claims are of the same type (e.g. that they are both claims for money) and that the creditor?s claim has arisen prior to the date specified in the bankruptcy decision as the prior date when the bankruptcy should be considered effective (?fristdag?).
Swedish Bankruptcy Law ? Lodging of Creditors? Claims
Posted on November 24, 2008If the assets are sufficient for full or part payment to the creditors who do not have a preferential claim, a proof of claim procedure is initiated by the receiver, who then applies to the court for such a procedure to start. The court decides on whether to grant the application and also on the length of time the procedure will last, which must be at least four but no longer than ten weeks...
Swedish Bankruptcy Law - Creditors
Posted on November 20, 2008The creditors, except the creditor who applied for bankruptcy, are informed of the bankruptcy through the publication of the bankruptcy decision in the papers. The bankrupt is obliged to tell the receiver, the court and the Supervisory Office who the creditors are...
Swedish Bankruptcy Law - Bankruptcy Estate Inventory Deed
Posted on November 18, 2008The receiver will, based on information from the bankrupt, prepare and present to the court a bankruptcy estate inventory deed showing the assets and liabilities of the bankrupt. Thereafter a meeting is held in the court and the bankrupt is obliged to declare under oath before the court that the deed is correct...
Swedish Bankruptcy Law - Effects of the Initiation of Bankruptcy Proceedings (continued)
Posted on November 13, 2008The bankrupt, and the directors in the case of a company, is obliged to cooperate with and provide information to the receiver, the court and the Supervisory Office (?Tillsynsmyndigheten?), which is a part of the Swedish Enforcement Authority (?Kronofogdemyndigheten?) and supervises the administration of the bankruptcy estate by the receiver.
Swedish Bankruptcy Law - Effects of the Initiation of Bankruptcy Proceedings
Posted on November 11, 2008The bankrupt may not dispose of property which belongs to the estate and he is not entitled to engage in any business activities. If the bankrupt is a company all rights to represent the company transfer to the receiver upon the bankruptcy decision by the court...
Swedish Bankruptcy Law - Initiating Procedure
Posted on November 10, 2008A debtor who is insolvent can be declared bankrupt. Insolvency is defined in the Swedish Bankruptcy Act (1987:672) as being unable to pay one?s debts in a proper manner where such inability is not temporary. This applies to natural persons as well as companies...
Swedish Bankruptcy Law
Posted on November 04, 2008As I received a question relating to Swedish Bankruptcy Law recently, I have decided to write a series of short posts on the Swedish bankruptcy rules. Unfortunately, I cannot find an English translation of the Swedish Bankruptcy Act anywhere on the net...
Access to Internet Information about Danish Companies
Posted on November 13, 2007I have a new post today on this subject at my blog, Swedish Corporate Law
Access to Internet Information about Swedish Companies
Posted on November 09, 2007I have a new post today on this subject at my blog, Swedish Corporate Law
Purchasing Real Estate in Sweden - Notes on Purchase of Commercial Real Estate including Tenement Buildings - Signatures
Posted on March 20, 2007It should be kept in mind that the managing director of a selling company normally would not be authorised to sign the purchase agreement in his capacity as managing director.The agreement should be signed by authorised signatories as stated in the registration certificate...
Purchasing Real Estate in Sweden - Notes on Purchase of Commercial Real Estate including Tenement Buildings ? Guarantees related to Tenants
Posted on March 16, 2007Normally a purchase agreement for tenement building should include guarantees in respect of the rent level, the payment discipline of the tenants and any disputes with tenants. All tenement contracts should also be made available to the purchaser prior to signing.
Purchasing Real Estate in Sweden - Notes on Purchase of Commercial Real Estate including Tenement Buildings - Environmental issues
Posted on March 14, 2007As a purchaser of commercial real estate, you acquire the risk of being liable for any necessary clean-up and after-treatment measures; provided that the previous owners conducting an environmentally hazardous activities causing pollution are not able to pay for these measures...
Purchasing Real Estate in Sweden - Notes on Purchase of Commercial Real Estate including Tenement Buildings
Posted on March 13, 2007In addition to what is applicable to private homes / villas certain points need to be considered if the object of a purchase is a commercial real estate or a tenement building. Certain issues have already been mentioned such as permits but the following should also be kept in mind...
Purchasing Real Estate in Sweden - Registration of new owner
Posted on March 05, 2007The buyer should register his title to the real estate within three months of completing the transfer. However, failure to register the title within the stipulated time will not make the purchase invalid. The registration in the Land Register is important for many reasons; mainly because it gives the buyer ? in good faith ? priority to title from the day of application for registration...
Competitor to Swedish Law Blog???
Posted on March 01, 2007A friend of mine alerted me to a site called swedishlaw.com Interesting! So off I went to the site. The first thing I noted was that the left side links seemed a bit curious for a site devoted to ?Swedish law? e.g. Swedish Bitters, Sweden Travel, Sweden Hotel, Swedish fish, Swedish food, Flight to Sweden...
Purchasing Real Estate in Sweden - Activities in connection with the Take-Over
Posted on February 28, 2007When all the necessary permits have been obtain and the transfer date has arrived the parties normally hold a closing meeting at the buyer?s bank to exchange money and documents. Present at such a meeting usually are the parties, the real estate agent and a representative of the buyer?s bank...
Purchasing Real Estate in Sweden - Permits in connection with purchases of commercial real estate /commercial property
Posted on February 26, 2007As mentioned in an earlier post the municipality within whose borders the real estate is situated may have a right to step in as buyer on the same terms and conditions as the buyer who entered into the purchase contract with the seller. Also mentioned earlier here purchases of tenement buildings may require separate approval according to the Act on Acquisitions of Tenement Buildings (I have not found any English translation)...
Purchasing Real Estate in Sweden - Permits in connection with purchases of non-commercial real estate, private homes / villas
Posted on February 19, 2007As mentioned in an earlier post here the Swedish Pre-emption Act (I have not found any English translation) gives municipalities a right to exercise a right of pre-emption. The municipality within whose borders the real estate is situated may have a right to step in as buyer on the same terms and conditions as the buyer who entered into the purchase contract with the seller...
Purchasing Real Estate in Sweden - The Purchaser?s Obligation to Investigate the Real Estate
Posted on February 14, 2007The seller should inform the buyer of the condition of the real estate including any known defects. According to Swedish law the seller is responsible for all defects. However, this responsibility is balanced by exclusion of all defects that were possible to discover with a careful examination of the real estate...
Swedish Civil Code?
Posted on February 12, 2007I have received a question about the Swedish Civil Code in English. There is no such translation. The fact is that Sweden does not have a Civil Code Already in 1734 the Swedish Parliament approved a new enactment for the Realm of Sweden (?Sveriges Rikes Lag?)...
Purchasing Real Estate in Sweden - Financing of the Purchase
Posted on February 12, 2007It is not often that someone will purchase real estate with the full sum up front and most purchasers will have to acquire some sort of real estate financing. The buyer will normally be able to secure a first mortgage loan up to 80 or 85 per cent of the appraised value of the real estate...
Squidoo Lense, Swedish Law
Posted on February 08, 2007I have just updated my Squidoo Lense, Swedish Law. Check it out!
Purchasing Real Estate in Sweden - Additional Clauses in the Purchase Contract
Posted on February 08, 2007In addition to the compulsory content of a Swedish real estate purchase contract a number of clauses are usually to be found. The most common are covering the following: Payment Conditions Normally a down payment is made at the signing of the purchase contract...
Purchasing Real Estate in Sweden - Compulsory content of the purchase contract
Posted on December 15, 2006The purchase contract has to be in writing and 1) identify the real estate, 2) set out the sales price, 3) contain a clear statement of the seller?s intention to sell and 4) be signed by both parties. A contract that does not meet the formal requirements 1?4 above is void...
Purchasing Real Estate in Sweden ? Normal Content of a Purchase Contract
Posted on December 13, 2006A normal purchase contract for a private home in Sweden would contain i.a. the following headings: 1. Seller 2. Buyer 3. Real Estate 4. Transfer Date 5. Purchase Price 6...
Purchasing Real Estate in Sweden - The normal way a real estate (private home) transaction is carried out in Sweden
Posted on December 07, 2006The seller finds a suitable real estate agent, who advertises the real estate in newspapers and on the internet. The potential buyer gets in touch with the real estate agent, who shows the house to to the buyer and presents the pertinent facts about the house and its running costs...
Purchasing Real Estate in Sweden - The parties involved in a Swedish real estate transaction - Building Inspector
Posted on November 30, 2006As I will explain in a future post, the buyer of Swedish real estate has a far-reaching obligation to ensure that the property he or she is going to purchase does not contain any defects. It is thus advisable for the buyer to engage a building inspector to carry out a thorough inspection of the property; preferably before signing the purchase contract...
Purchasing Real Estate in Sweden - The parties involved in a Swedish real estate transaction - Bank
Posted on November 28, 2006The buyer?s bank will normally be involved in the financing of the purchase either by lending or by connecting the buyer with providers of the long-term financing. The closing and take-over of the real estate usually takes place at the buyer?s bank.
Purchasing Real Estate in Sweden - The parties involved in a Swedish real estate transaction - Real Estate Agent
Posted on November 27, 2006In almost all real estate transfers in Sweden a real estate agent is involved. The real estate agent is commissioned by the seller and will be solely paid by the seller, but has an obligation according to the Real Estate Agent Act (Fastighetsmäklarlagen 1995:400) to ?carry out his commission carefully and in all observe generally accepted estate agency practice...
Purchasing Real Estate in Sweden - The parties involved in a Swedish real estate transaction - Buyer
Posted on November 23, 2006If the buyer is a limited liability company it is wise to have the buyer present a resolution by the board of directors of the company approving the purchase. The managing director of a company is normally not allow to decide on purchases of real estate on his or her own, unless sales and purchases of real estate constitutes the normal business of the company...
Purchasing Real Estate in Sweden - The parties involved in a Swedish real estate transaction - Seller
Posted on November 20, 2006If the seller is a married, it will most likely be necessary to obtain the spouse?s consent to the sale. Such consent must be made in writing in the document used for registration purposes. However, to be on the safe side, it is advisable to have the spouse sign his or her consent also in the purchase contract even if it is the bill of purchase that is used in connection with the registration...
Purchasing Real Estate in Sweden - Documentation of a Real Estate Transaction in Sweden
Posted on November 17, 2006The documentation ordinarily consists of a Purchase Contract setting out all the provisions of the transaction and a Bill of Purchase confirming the transfer of title and the payment of the full purchase price. Normally the purchase contract for a private home would cover four to six pages and for a commercial property not more than ten to fifteen...
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