SWEDEN Law and Practice Contributed by: Tove Andersson, Anders Linnerborg, Sara Eriksson and Ellen Lewin, Setterwalls Advokatbyrå AB
17.2 Disclosure of Environmental Information The Swedish Land Code ( Jordabalken ) and the Swed- ish Sale of Goods Act (1990:931) ( köplagen ) include a duty for the seller to inform a purchaser of certain information about the property/goods ( upplysningsp- likt ), which could require a seller to disclose environ- mental information to a purchaser. In addition, transaction agreements concerning the sale and purchase of shares/other assets typically include warranties pursuant to which the seller war- rants that it has provided the purchaser with a com- plete and true picture of the target/property and its business, which, if relevant, includes the disclosure of environmental information.
17.3 Key Issues in Environmental Due Diligence The most common environmental legal issues that arise in Sweden within the context of a transaction concern processing errors in connection with the per- mit process, issues and difficulties relating to permit fulfilment and compliance, as well as questions relat- ed to contemplated operational changes after com- pletion of the transaction (eg, increase of production or something similar). In addition, again depending on the transaction, liability issues relating to contamina- tion of land might also be included.
407 CHAMBERS.COM
Powered by FlippingBook