Denmark – Legal advisory and representation services – Addendum to the contract between the Ministry of Finance and the law firm Poul Schmith concerning the provision of legal services as a result of the restructuring of the supplier

Opportunity description

Without a prior call for tenders, the Ministry of Finance (through the Agency for Public Finance and Management on behalf of the state) and the law firm Poul Schmith entered into a contract on 18 December 2014 for the provision of legal services to the state (the “Contract”). The Contract entails a continuation of the cooperation concerning the provision of legal services that has existed between Poul Schmith and the state since 1936. The law firm Poul Schmith is currently organised as a general partnership (“Poul Schmith I/S”). The parties wish the Contract – as part of the restructuring described below – to be transferred from Poul Schmith I/S to Poul Schmith Advokatpartnerselskab (“Poul Schmith P/S”). This notice for voluntary ex ante transparency concerns this intended amendment to the Contract, which will be implemented by means of an addendum (the “Addendum”). The reason for the Addendum is that the owners of Poul Schmith wish to carry out an internal corporate restructuring whereby the law practice, including the Contract, is transferred from Poul Schmith I/S as a contribution in kind to Poul Schmith P/S. The reason for the restructuring is a desire for a more up-to-date corporate structure. At the time of the transfer, the partners in Poul Schmith I/S own 100% of the ownership interests in Poul Schmith P/S. Poul Schmith P/S will be incorporated in connection with the transfer in accordance with the relevant provisions of the Danish Companies Act. The restructuring entails the transfer of the Contract from Poul Schmith I/S to Poul Schmith P/S. As a result, the supplier, which is organised as a general partnership in which the partners are personally, jointly and severally, and without limitation liable for the company’s obligations, will be replaced by the limited partnership company, in which liability is generally limited. However, it will be a condition of the Addendum that the ultimate owners of Poul Schmith P/S at any given time assume personal liability for the obligations of the limited partnership law firm in relation to the Contract corresponding to the liability that would have applied had performance continued under the general partnership. The Addendum makes no other amendments to the Contract, including amendments to the terms of the Contract. Procedure: neg-wo-call. Review the original TED notice for the complete requirement, lots, amendments and attachments.