We have extensive experience in the field of help-desk service as well as legal and regulatory advisory for companies from the broadly defined financial sector: banks, credit institutions, investment firms, investment funds, brokerage houses and investment fund companies. In particular, we have broad experience in leading proceedings typical for this sector. We also have prepared numerous legal opinions (expert) related to various issues in the field of banking law, the law of financial institutions and civil law.
Our lawyers provide a wide range of legal services, in particular:
- advising on drawing and negotiating credit facility agreements and collateral agreements concerning financing complex investments;
- advising foreign banks operating in Poland in relation to credit facilities to Polish businesses and other transactions or regarding collaterals in the context of the Polish legal system;
- leading court-specific proceedings (compensation cases, swiss franc disputes, insurance cases of low own contribution, etc.);
- advising on regulatory matters, including in the scope of prudential regulation, bank secrecy, bank accounts, consumer credit, AML / CFT, outsourcing, personal data, security of receivables and general issues of the private and public banking law;
- representing in complex legal disputes related to regulatory issues with the participation of the Polish Financial Supervision Authority (KNF), the Office of Competition and Consumer Protection (UOKiK) and the Personal Data Protection Office (UODO), including proceedings in the field of antitrust law of credit and financial institutions and consumer law;
- advising on drawing internal banking documentation, e.g. specimens of agreements and regulations;
- advising on credit facility restructuring, including syndicated facilities;
- representing in bankruptcy proceedings and advising on complex enforcement;
- advising in the scope of ongoing legal assistance in the field of banking activity (legal helpdesk);
- representing buyers and sellers regarding packages of receivables, including non-performing loans or in securitization transactions also with the use of securitization funds;
- advising on share acquisition of financial institutions and representation before competent bodies (Polish Financial Supervision Authority, Office of Competition and Consumer Protection) in relation to the reporting and consent-obtaining obligations;
- advising in connection with the bank’s function of depositary of investment funds, including the implementation of ZAFI and UCITS V and representation in disputes related to the role of depositary of an investment fund;
- advising banks conducting brokerage activities and dependent brokerage houses on regulatory matters related to the functioning of investment firms, including support in the implementation of MIFID I and MIFID II.
For years, we have been cooperating with the Chamber of Fund and Asset Management (IZFiA) and the Chamber of Brokerage Houses (IDM) in the field of advisory on legislative work and creating environmental standards for investment fund companies and funds managed by them, as well as for brokerage houses.