Financial Markets Law

Strong expertise and extensive experience of our team members, including skilled lawyers previously working with regulatory authorities, put our Firm in a unique position to offer top quality legal and regulatory advisory to financial institutions.

Selected services:

We offer services in the area of regulatory and legal advisory to banks, brokerage houses, clearing institutions and other financial businesses based on our experience in a variety of fields, including:

  • corporate governance (articles of association, bylaws, rules and other internal procedures);
  • operating rules, including the design and offering of financial products (terms and conditions, form agreements);
  • rules applicable to international operations of financial institutions;
  • relationships with financial supervision authorities and financial disclosures;
  • relationships with service providers (including the suppliers of investment products);
  • outsourcing contracts (outsourcing IT services, brokerage services);
  • incorporation and merger of financial institutions;
  • rationing stocks and shares in financial institutions;
  • bank secrecy and professional privilege rules;
  • compliance risk management;
  • ensuring compliance with AML legislation.

Selected recent projects:

  • audit and preparation for MiFID II implementation at one of Polish banks;
  • preparation for the implementation of the H Recommendation on internal audit issued by the Polish Financial Supervision Authority at one of Polish banks;
  • comprehensive assistance to a bank associating co-operative banks and the associated co-operative banks in the process of implementation of new requirements introduced by the Act on preventing money laundering and terrorism financing of 31 March 2018 (AML IV), including the drafting of internal procedures, matrices and risk assessment methodology, training for staff;
  • comprehensive assistance to two investment fund companies, a brokerage house and a services of non-standardized securitization funds in the process of implementation of new requirements introduced by the Act on preventing money laundering and terrorism financing of 31 March 2018 (AML IV), including the drafting of internal procedures, matrices and risk assessment methodology, training for staff;
  • regulatory advisory to one of Polish banks on drafting reservations to a post-audit report by the Polish Financial Supervision Authority.
  • comprehensive legal advisory to one of Polish banks in the process of obtaining a license from the Polish Financial Supervision Authority to offer brokerage services.
  • regulatory advisory in the process of a cross-border merger between a Polish bank and a foreign credit institution, inclusive of representation before the Polish Financial Supervision Authority and the establishment of a branch of the credit institution.
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Responsible partner

Wojciech Kapica

wojciech.kapica@smmlegal.pl