With the accession to the European Union, Poland faced many challenges. With them, however, many opportunities arose. The country was enabled to be part of the European financial market, including the investment fund market. Within the Union, work is constantly being carried out to unify the regulations so that it is possible to conduct business successfully in every member state.
The cons iderations on an AIFM passport should begin with explaining what AIFM is, setting out the background, specificities of the European fund market and the regulations on which the passport is based.
All about AIFM
What is AIFM? The AIFM acronym stands for the Alternative Investment Fund Manager. That is a legal person legal that conduct business activity in the area of the professional management of investment funds.
On June 28, 2022, the Polish Ministry of Finance sent for arrangements and consultations public projects, another amendment to the so-called Polish Order (group of tax legal acts), this time in the field of Corporate Income Tax in Poland.
There have been re-introduced proceedings in commercial cases to the Polish civil procedure which may be particularly of importance to cases with cross border element.
The great amendment of the Polish Code of Civil Procedure means, among other things, a return to a separately regulated commercial procedure. The legislator’s assumption is simple – greater rigor for the parties and faster verdicts, which are to adapt the court procedure to the realities of the market of professional entities conducting business activity.
The provisions regulating commercial proceedings should be applied in litigation commercial cases. Regulations concerning other separate proceedings should be applied only if they are not inconsistent with commercial proceedings. The exceptions are the European order for payment procedure, the European Small Claims Procedure and the electronic order for payment procedure.
On October 13, 2022, there will enter into force changes to the Polish Commercial Companies Code, which will have influence on corporations operating in Poland, particularly from the perspective of holding law, regulations increasing the powers of supervisory boards and imposing additional obligations on the management boards of capital companies. The changes are introduced by the latest amendment to the Polish Code of Commercial Companies and Partnerships of February 9, 2022, published on April 12 in the Journal of Laws (Journal of Laws, item 807).
The changes contained in the amendment are important both for the owners of entities (shareholders), as well as for members of supervisory boards and members of management boards.
Activities in the area of Risk Management and Compliance have recently assumed exceptional importance. This is due not only to internal company regulations, but also to the constantly tightening regulations on transactions with related parties, including those from tax havens or from outside the EU, control of final beneficiaries or the obligation to verify the credibility of the counterparty. Not only for the purposes of security of receipt of payment, but also to ensure that VAT is correctly accounted for.
