Transaktioner med nærtstående i børsnoterede selskaber– En harmonisering uden konsekvenser?

In 2019 Denmark got new regulation on related party transactions in the Danish Companies Act as part of the implementation of the Amended Shareholder Rights Directive. The new rules contain both a duty to disclose information about certain related party transactions and a duty to have some related party transactions approved by the board of the company. The present article will show that the primary focus of the rules are enhanced shareholder protection but that the rules also to some extend are meant to protect creditors. Furthermore, it is argued that the duty to disclose some information is in outline similar to one that already existed in Denmark and that in some ways the new rule even result in less efficient protection of the shareholders and creditors. Lastly it is found that although the duty to have the board approve some related party transactions is a new mechanism that will help bring better protection to the shareholders and creditors the implementation of the rule and the choices made in that regard are not the most efficient ones considering the purpose of the rule.