At Mrowiec Fiałek and Partners, our attorneys are distinguished by their extensive practical experience in providing legal services to supervised entities on the capital market, including investment fund companies, investment funds, alternative investment companies, and investment companies, as well as the entities with which they cooperate.
Zbigniew Mrowiec, the Partner responsible for this area of our operations, helped to establish the Polish Securities and Exchange Commission. 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.
Zbigniew Mrowiec is the co-author of the current Investment Funds Act, among other laws and regulations.
Our experience and competences in this field include:
- legal advice on creating and operating capital market entities, including representing clients in administrative proceedings to obtain permits to create or extend the scope of activities of investment fund companies, alternative investment companies, investment companies, and distributors of investment fund participation units,
- representing capital market entities in proceedings before public authorities in cases related to administrative sanctions as well as seeking compensation for damages caused by unlawful administrative decisions,
- comprehensive legal assistance in creating open and closed-end investment funds and securitisation funds, including preparing draft investment fund agreements, rules and regulations, terms and conditions of issue, and contracts concluded by investment fund companies and funds, as well as contracts for the purchase and sale of assets; we also assist in the preparation and approval processes for prospectuses for public investment certificates issued by closed-end investment funds,
- legal assistance in determining the terms and conditions for participation in investment funds, including advice on any and all cooperation agreements concluded between an investor and the investment fund company (or investment fund),
- legal assistance in purchasing and selling shares in investment fund companies and in assuming management of the investment funds,
- comprehensive support in implementing legal provisions; our attorneys have extensive knowledge and experience in the implementation of such regulations as MiFID II, UCITS/ZAFI/ASI, MAR, EMIR and AML,
- providing legal assistance to participants (investors) in their claims against entities managing investment funds or other forms of individual or collective investment of clients’ assets, as well as providing legal assistance to investment fund depositaries in pursuing claims for the benefit of investment fund participants.