MFW’s lawyers have unique expertise and extensive experience in the matters related to the issuing of bonds as well as other debt instruments.
MFW’s lawyers have been involved in numerous bond (particularly corporate bonds) issues, including, among others:
- advised the companies issuing the bonds (the issuers), the entities acquiring the bonds (the bondholders), as well as the investment firms servicing the bond issues (including the bond brokers and issue agents),
- drafted the issue documents for the offering and introduction of the bonds, including the structured products, to trading on the capital market, and represented the issuers before the public authorities in the proceedings for the approval of the offering documents,
- advised the entities offering foreign financial instruments in Poland, including debt financial instruments admitted to trading in the European Union Member States,
- provided comprehensive legal advice to the closed-end investment funds on the securitisation of assets through bond issues; and
- represented the bondholders in court proceedings, including both against the bond issuers and in their relations with the security administrators.
Our advice covers the full range of activities related to preparing and carrying out the issues of the bonds and other debt instruments, representing the issuer before the National Depository for Securities, the Warsaw Stock Exchange or the Polish Financial Supervision Authority and supervising the fulfilment of the obligations set out in the terms and conditions of the bonds.
We provide comprehensive legal services covering the entire bond issue process – from analysing the issue feasibility and the terms and conditions of the bonds, drafting (or reviewing) the issue resolutions, verifying the legal solutions for the establishment of the optimum security, drafting the full issue documentation, providing legal support for conducting the bond offering (subscription) process, registering the bonds with the National Depository for Securities, and, finally, monitoring the issuer’s redemption of bonds. We also support the issuers whose bonds/notes were introduced to trading on the regulated market in fulfilling their disclosure obligations.
We cooperate with courts and notaries in establishing the security provided for in the terms and conditions of the bonds as well as with other entities participating in the issues, including, among other, the issuer’s representatives and advisors involved in the distribution of the bond offers to potential bondholders.