Transactions M&A / CORPO

Alternative investment companies

An alternative investment company is a mutual investment vehicle, other than a classic investment fund, the purpose of which is to collect and invest assets from multiple investors under a specific investment policy.

Currently, investment activities can only be carried out by:

1. UCITS – Undertakings for the Collective Investment of Transferable Securities.

2. Alternative Investment Funds (AIF) comprising Specialised Open Investment Funds (SOIF), Closed-End Investment Funds (CEIF) and Alternative Investment Companies (AIC).

Investment by entities other than those listed above is prohibited and subject to criminal liability.

What do we offer?

  • Representing companies before the Polish Financial Supervision Authority concerning entry into the register of AIC managers, including assistance in fulfilling disclosure obligations with the ESPI system.
  • Preparing all AIC procedures and corporate documents, i.e. articles of associations/statutes of companies (AIC managers and AICs), investment policy and strategy, investor/client categorisation procedure, AML procedures, personal data protection policy (GDPR), conflict of interest management policies.
  • Comprehensive legal services related to the entry of investors into AIC.
  • Legal support for AIC investments, i.e. customisation of transaction documents to the specific investment.
  • Providing corporate legal services with regard to the drafting of resolutions of AIC bodies (including the investment committee).
  • Providing legal advice on the proper performance of an agreement between the AIC and the public investor (NCF, PFR, NCBR, PARP).
  • Providing legal advice on options for the AIC to exit an investment, particularly in the event where shares are listed on the stock exchange and in the NewConnect alternative trading system.
  • VAT and CIT consulting.
  • Providing legal advice and opinions.

Why CK Legal?

  • We have many years of experience in matters related to the formation, operation and liquidation of companies, as well as mergers, demergers and transformations.
  • The legal services we provide to AIC managers that are directly related to AIC management are subject to VAT exemption, which means that clients are not charged VAT.
  • We represent capital market operators before public administration bodies in matters involving administrative sanctions and claims for compensation for unlawful administrative decisions.
  • We offer legal assistance in agreeing terms of investors’ participation in the AIC, including advice on any agreements between the investor and the AIC.
  • We provide clients with end-to-end support in implementing legal provisions (UCITS/ZAFI/ASI, MAR, AML).

Other services