Investment funds

Our law firm offers consulting services to investment fund companies and investment funds in the full scope of their activities. To meet the new regulations we are also ready to provide services in the scope of creating and supporting alternative investment companies and entities managing alternative investment companies. The team of lawyers has extensive experience in investment funds, including closed investment funds and investment fund companies, so that the range of services we offer is tailored to each client’s needs and characteristics of the given transaction.

Our lawyers represent investment fund companies and investment funds in proceedings before courts and public administration bodies, in particular before the Polish Financial Supervision Authority in all types of proceedings.

We offer our clients comprehensive legal services covering in particular:

  • comprehensive legal assistance in the creation of investment funds, in particular the drafting of articles of association of investment funds, regulations, contracts concluded by investment fund companies and funds, including contracts on the purchase and sale of assets by funds;
  • defining the terms and conditions of participation by Clients in investment funds;
  • preparation of prospectuses of participation units or investment certificates of the fund and their introduction to public trading;
  • legal assistance in the issue of investment certificates of closed investment funds;
  • the creation of specialized closed investment funds, umbrella funds;
  • consultancy on taking over management of an investment fund;
  • acquisition of stock in investment fund companies.

Following the entry into force of amendments to the act on investment funds, which aims to implement into the Polish legal order the provisions of the directives AIFM (2011/61/UE) and UCITS V (2014/91/UE), the concept of alternative investment funds and alternative investment company institutions have been introduced to Polish law which can operate as a capital company, a partnership or joint-stock company. Considering that the alternative investment company, due to investment activities, will be subject to requirements similar to investment funds, our offer also includes assistance with its creation and operation.

In terms of advice for investment fund companies and investment funds, we also offer comprehensive tax advice, both at the stage of creating companies and funds, and at a later stage of making and disposing of investments and tax planning for potential investors. Tax advice is provided by a team of lawyers with many years of professional experience, under the leadership of Dr Janusz Fiszer, partner at GESSEL law firm and Inarda Bielińska, of Counsel at GESSEL law firm.

Support in the scope of investment funds is conducted by a team of lawyers with extensive experience, led by Małgorzata Badowska, a partner at GESSEL law firm and Krzysztof Marczuk, a partner at GESSEL law firm.