Introduction A convertible loan is considered a hybrid instrument as it is neither debt nor equity. Whether it is accounted for as debt or equity depends on the terms of the loan. Convertible loans typically carry interest and have a fixed maturity date, but other varieties also exist. Conversion is triggered by the lender, the borrower or automatically upon the occurrence of a trigger event. The conversion price is pre-agreed and can be fixed or subject to a pre-agreed pricing mechanism ...
The rules on exit tax on shares and certain other securities mean that private individuals who move from Norway and becomes resident for tax purposes in another country must pay tax for latent profits on shares etc., as if the shares had been sold the day before emigration. Change in law is now in force As the rules have been until 28 November 2022, the exit tax ceased to apply if the shares were not realized five years after emigration ...
After a several year long investigation into the marketing practice of Facebook and Instagram, both of whom are owned by Meta Platforms Ireland Limited (Meta), the Irish Data Protection Authority have concluded that both platforms are fundamentally in breach of the GDPR ...
After an extremely busy 2021 where the financial markets and the lending sector recovered rapidly from the COVID-hibernation, 2022 has been a turbulent year that did not live up to expectations in terms of activity. With geopolitical unrest, high inflation and rising interest rates as the backdrop, financial markets were volatile and funding costs increased substantially ...
The Association’s claim is a torts claim on behalf of approximately 400.000 residential alarm customers against the two major Norwegian alarm companies. Sector and Verisure colluded over eight years and were fined NOK 1,2 billion (120 million euros) by the Norwegian Competition Authority. The question that the Supreme Court shall decide is whether third-party financing in opt-out class actions can be permitted under the Norwegian Dispute Act ...
The Supreme Court has decided several cases concerning the Civil Procedure Act this autumn. We would like to start by mentioning HR-2022-1503-U, which concerned the difference between an ordinary witness and an expert witness. Two decisions concerning recusal are also noteworthy: HR-2022-1959-A and HR-2022-1799-U. The question in the first case was whether a judge had to recuse himself because his textbook expressed an opinion about the legal issue in the case ...
During 2022, the government has, among other things, made these legal amendments: Removal of the general right to employ someone temporarily up to one year Trade unions that have members in a company that use hired workers from a temp agency can start legal proceedings against the employer about the legality of hiring. Revised home office regulations You can read more about these changes here. The Supreme Court has also contributed to the further development of employment law ...
Trine Vabog is affiliated with the TMT team in Oslo. Trine is among Norway’s leading IT lawyers and works with complex ICT procurements and ICT contracts from both the customer as well as the provider side. She has a deep understanding and expertise within the ICT area, considerable experience as a project manager and negotiation manager for ICT acquisitions and advises parties within both public and private sectors ...
The Norwegian Bar Association’s law committees are appointed by the association’s executive board. The committees consist of members with particular expertise within the selected field. The committees follow legislation developments closely and advise within their special field of expertise. With a focus on the rule of law and quality in legislation the Bar Association’s law committees deliver around 80 statements every year ...
In the guide, Chambers notes: «I choose to work with them because they are the most active in the scale-up and startup community; they have compassion for new market entrants; and are passionate and know all the domain experts for money and payment institutions.»» says an interviewee. Another interviewee adds: «They are able to quickly understand the technological, economical, and legal aspects ...
On appeal, the trademark infringement was no longer in dispute. Still, the decision has a fundamental interest in the intellectual property legal space. The judgement deals with principal issues related to compensation claims for trademark infringement where the infringement and alleged damage merely relates to a subpart of the infringer’s ads and turnover. Norgesgjerde and Vindex (the original plaintiffs) claimed total damages and compensation in excess of NOK 10 million ...
All contract legislation in Norway specifies time limits for filing a complaint. Put very simply, a complaint in this context is the process whereby a party to an agreement complains about a defect and asserts a claim within a defined time limit. Once the specified time limit has expired, the right to bring the claim will be lost. The logic behind the rules on complaints is that the parties to an agreement must be able to define the end point of, for example, a sale or delivery ...
Loan facilities and bond loans usually include financial covenants, which are financial metrics the borrower/issuer need to comply with during the term of the financing agreement. The Norwegian market is dominated by maintenance covenants, which means the covenants must be complied with at all times. Over the course of a few months, geopolitical unrest, high inflation and prolonged supply chain issues have led central banks to increase interest rates and lenders to increase their risk margins ...
The Advocate General’s Opinion in Case C-449/21Towercast rendered on 13 October is interesting reading in particular in the context of «killer acquisitions». The dispute in the main proceedings before Cour d’appel de Paris concerns the question as to a supplementary or «gap-closing» application of Article 102 TFEU in relation to the national rules on merger control ...
The 2022 Chambers Global Practice Guide: Oil & Gas Law and Practice The Simonsen Vogt Wiig Oil & Gas team, has contributed to the Chambers 2022 Global Practice Guide: Oil & Gas Law and Practice by writing the Norway chapter. It describes the legal framework for the upstream petroleum sector in Norway in addition to the most important developments of the framework during the past year ...
Resource rent tax on aquaculture The government proposes to introduce a resource rent tax on aquaculture from 1st of January 2023. The proposal will be circulated for consultation today with a deadline of 3rd of January 2023. The proposal includes a resource rent tax with an effective rate of 40% applicable to the production of salmon, trout, and rainbow trout. The proposal includes a tax-free allowance of between 4,000 and 5,000 tonnes ...
One of the proposals set out in the Green Paper concerns an investment obligation for streaming services. According to the proposal, streaming services are required to either invest directly in Norwegian films and series, or, if the services do not invest sufficiently in Norwegian content, contribute to the financing of such productions through financial contributions to the Norwegian Film Fund ...
The material issue of the case, in which the procedural question arose, was whether two decisions by the Alver Municipality regarding property tax for «Mongstad kraftvarmeverk» and «Mongstad raffineri» owned by Equinor were lawful. In order to value the properties, the municipality had engaged an appraiser. Now, before the case is to be decided by the High Court, the parties disagreed about whether the appraiser should be considered an expert witness or not ...
Introduction In order to enforce a claim that is in default and overdue, there must be either a so-called general basis for enforcement (judgment, in-court settlement, etc.) or a special basis for enforcement. Special bases for enforcement will vary depending on the asset that needs to be realised ...
Nelfo is a national trade association for electro, IT, electronic communications, system integrators, and lift companies in Norway. The main point addressed in the complaint to ESA was the allegation that the municipality had overcompensated companies within the BKK Group for maintaining and operating street lights along municipal public roads ...
Merger control is an integral part of competition law. The Norwegian Competition Authority (NCA) enforces the Norwegian merger control rules. Notification to the NCA is compulsory before closing and implementing all mergers and acquisitions that bring about a structural «change of control» in the market and exceed the national turnover thresholds ...
From the legislator, it is relevant to draw attention to the new rules on remote court sessions and remote examination. The rules are based on the principle that court proceedings in Norway shall take place in a meeting where the participants are physically present. However, the preparatory works maintains that it’s time to make these regulations more flexible, to ensure appropriate, modern and efficient court proceedings ...
Simonsen Vogt Wiig has lately experienced an exceptional increase in new transactions within the offshore supply market. The traditional corporate lending, real estate and shipping markets have also stayed strong with a high volume of transactions with both banks and an increasing number of alternative project-based funding sources ...
Morten V. Meyer is specialised within M&A, contract law, real estate and tax law. His clients are from a wide range of industries. He has extensive experience with reorganisations and with assisting buyers and sellers with the sale and purchase of shares and businesses. In addition, Morten holds a real estate agent insurance and assists buyers and sellers of real estate in all steps of the process, including as settlement manager ...
Camilla Flatum is specialised within shipping transactions and with ship- and bond financing. She has extensive experience from the shipping sector, assisting both owners, brokers, and financial institutions. Camilla also advises clients within the aviation sector, in financing matters especially. She has been associated with Simonsen Vogt Wiig since 2006, having previously worked for Nordic Trustee AS og Skandinaviska Enskilda Banken AB ...
