MFW’s lawyers stand out on the highly-competitive market due to their extensive experience in advising the supervised entities operating in the capital market, including the investment fund managers, investment funds (Undertakings for the Collective Investment in Transferable Securities (UCITS) and Alternative Investment Funds (AIF)) addressed to a wide range of investors, as well as the dedicated funds, alternative investment companies (AIC) and alternative investment company managers (AICM), investment firms and their affiliates.
Our expertise and experience include, among others:
- providing legal advice on the establishment and operation of the capital market entities, including the drafting of the necessary internal regulations and representing the clients in administrative proceedings to obtain permits for establishing or expanding the activities of the investment fund managers, alternative investment companies (AIC), investment firms and distributors of the investment fund units,
- supporting the investment fund managers in the process of obtaining the Polish Financial Supervision Authority’s approvals for the appointment of the management board members and other authorisations required under the applicable laws and regulations,
- representing the capital market entities in proceedings before public administration authorities in the matters concerning administrative sanctions and seeking compensation for the damage caused by unlawful administrative decisions,
- providing comprehensive legal assistance in establishing closed-end, open-end and securitisation investment funds, including drafting the articles of association of the investment funds, prospectuses, terms and conditions, as well as the agreements concluded by the investment fund managers and the investment funds and the agreements on the acquisition and disposal of assets by the funds; we also participate in the drafting and approval of the prospectuses for the public investment certificates issued by the closed-end investment funds,
- providing legal assistance on determining the terms and conditions for the client participation in the investment funds, including advice on any cooperation agreements between an investor and an investment fund manager,
- providing legal assistance to clients and representing them before the supervisory authority with regard to the acquisition and disposal of significant shareholdings in the supervised entities (including investment fund managers and investment firms), as well as taking over the management of the investment funds,
- providing support in notifying the intention to introduce the units of foreign funds to trading in the Republic of Poland,
- providing comprehensive support in the implementation of legislation and adaptation of the internal regulations to the changing legal environment; our lawyers have extensive knowledge and experience in the implementation of regulations such as MiFID II, AIFMD, MAR, EMIR or AML,
- providing legal assistance to the participants (investors) in pursuing their claims against the investment funds managers or other forms of individual or collective client assets investment, as well as to the investment fund depositaries in pursuing their claims on behalf of the investment fund participants.