At Mrowiec Fiałek and Partners, our attorneys have exceptional knowledge and extensive experience in matters related to bond issues and other debt instruments.
Zbigniew Mrowiec, the Partner responsible for this area, is the co-author of the Bond Act of 1995, on which the current Bond Act of 2015 is based.
In addition, as deputy chairman of the Polish Securities and Exchange commission from 2004 to 2005, he directed work on a comprehensive modernisation of capital market regulations in Poland, which improved and updated supervision procedures, liberalised markets, and increased transparency.
Our attorneys have participated in numerous proceedings related to bond issues (in particular corporate bonds). Our experience includes:
- advising companies issuing bonds (issuers), entities purchasing bonds (bondholders), and investment companies servicing bond issues (including investment firms placing the bonds and issue agents),
- developing issue documentation in order to introduce bonds, including introducing structured products to trading on the capital market, and representing issuers before public authorities in order to approve the offer documents,
- advised entities offering foreign financial instruments in Poland, including debt instruments admitted to trading in European Union member states,
- provided comprehensive legal advice to closed-end investment funds with regard to asset securitisation through bond issue,
- represented bondholders in court proceedings, including in cases related to bond issuers and in relations with securities administrators.
Our advice covers a wide range of activities related to preparing and conducting issues of bonds and other debt instruments, representing issuers before the Central Securities Depository and the Polish Financial Supervision Authority, and supervising the performance of the obligations specified in the issue terms and conditions. We provide comprehensive legal services covering the entire bond issue process, from analysing whether a bond issue is possible and on what terms, to preparing (or verifying) issue resolutions, verifying legal solutions for establishing the optimal collateral, preparing complete issue documentation, providing legal support during the bond offer (subscription) process, and registering bonds with the Central Securities Depository, to monitoring bond redemption by the issuer.
In addition, we work with courts and notaries to establish the collateral specified in the bond issue terms and conditions. We also work with other entities involved in bond issues, including issuer representatives and advisors, which distribute bond offers among potential bondholders.