Business contracts and cooperation agreements

When running a business in Denmark, it is typical to enter into cooperation agreements with other companies. It’s typically the “something-for-something” principle, where you create a synergy together. The partnership and cooperation always works well in the start-up process, as both parties are excited to get started. That’s why many people forget to lay the groundwork and write down the terms and conditions for the future cooperation.

Unfortunately, it’s only when the parties disagree that many unfortunately look at the criteria for the cooperation. If this is the scenario, it is rare that there is a contractual basis other than easily misunderstood email correspondence or verbal agreements, which is the only thing left to rely on in the end. That’s why we always recommend that our clients talk to a commercial lawyer. This prevents disputes before they arise. The consequence of not doing so is that disputes cannot be resolved quickly and conveniently, as the parties have not considered how conflicts can be resolved.

Getting a handle on contracts and terms of cooperation saves a lot and prevents ruining an otherwise good working relationship. Instead, the parties can focus on the synergies that can be achieved by trading between the two respective companies.

A cooperation agreement doesn’t have to be a big, costly affair – especially when you consider the resources saved by avoiding conflict in the future. Typically, you can start with a simple agreement. However, every agreement is different and there may be a need to tailor the cooperation agreement to suit the expectations and needs of the parties.

At Raadgiver.dk, we apply contract law from a contract economics perspective. This means that we use the law to create the right incentives to ensure the best collaboration – and thus the greatest possible value creation for all parties.

Examples where Raadgiver.dk has advised on business contracts and cooperation agreements

Over the years, we have drafted and advised many clients on business contracts and cooperation agreements. For example, we have advised the following clients, both of which are anonymized:

Company D and E ApS:
Company D contacted Raadgiver.dk, as they had just agreed with company E to start a cooperation. The companies’ main activities could together create a much better product for their customers. It was therefore important that the parties did not disagree on the terms in the long term. Raadgiver.dk drew up a cooperation agreement based on Company D’s needs. Company E was then given the opportunity to read the agreement and provide input, comments, questions, and advice. After a few rounds of corrections to the parties’ cooperation agreement, we finalized an agreement. It was not only good at the beginning of the cooperation but was a cooperation agreement that could be used when the companies grew and their needs and focus changed.

Do you need advice on business contracts and collaboration agreements?

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    Thomas Hvid Kjær & Alexander Høy
    (MSc) in Business Administration and Commercial Law
    Raadgiver.dk ApS
    Phone: +45 71 99 06 10
    E-mail: thomas@raadgiver.dk