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Sweden Financial Assistance IBA Corporate and M&A Law Committee 2013

This note briefly describes the provisions under Swedish law dealing with the concept of financial assistance. This matter is regulated in chapter 21 of the Swedish Companies Act [Sw. Aktiebolagslagen (2005:551)] (the “Companies Act”), mainly in section 5 and 11. As a general rule, the concept of financial assistance is not accepted under Swedish law. The relevant provisions neither include any whitewash procedures. Some exceptions do, however, apply (please see below).