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SS-16580/2009-KBH ECLI:DK:KBH:2023:SS0000000023 AI generated

Court dismissed charges for violating investment fund laws regarding improper disclosure of fund assets.

Case Number SS-16580/2009-KBH
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court dismissed the prosecution's charges against the defendant for violating the Investment Fund Act. The prosecution alleged failure to properly disclose fund assets under specific sections of the law, while the defense argued the information was adequately provided. The court ruled that the defendant's actions did not meet the legal threshold for criminal liability under the cited provisions.

Legislator headnote

AI generated

Investment Fund Act § 132, stk. 1; § 93, stk. 1, nr. 2: Failure to disclose fund assets does not constitute a criminal offense if the information was reasonably available and the omission was not intentional or grossly negligent.

Keywords

AI generated
Investment Fund Act criminal liability disclosure obligations fund assets prosecution dismissal negligence standard financial regulation

Cited Legislation

AI generated
Investment Fund Act § 132, stk. 1
Investment Fund Act § 132, stk. 5
Investment Fund Act § 93, stk. 1, nr. 2
AI generated
SS-3234/2009-OLR
Court upheld conviction for violating investment fund placement limits despite defendant's lack of daily monitoring.
SS-3526/2020-KBH
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SS-425/2017-OLR
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SS-4447/2022-ALB
Court finds defendant guilty of fraud and witness tampering but exempts criminal punishment due to mental retardation.
SS-1488/2021-ESB
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Full text

Tiltale for overtrædelse af lov om investeringsforeninger og specialforeninger samt andre kollektive investeringsordninger m.v. § 132, stk. 1 og stk. 5, jf. § 93, stk. 1, nr. 2