Evolution of legal regulations concerning custodians on the investment fund market in Poland Cover Image

Ewolucja przepisów prawnych dotyczących depozytariuszy na rynku funduszy inwestycyjnych w Polsce
Evolution of legal regulations concerning custodians on the investment fund market in Poland

Author(s): Tomasz Miziołek
Subject(s): Economy, Law, Constitution, Jurisprudence, Law on Economics, Financial Markets
Published by: Uniwersytet Adama Mickiewicza
Keywords: investment fund; custodian; legal provisions; financial sanction

Summary/Abstract: The aim of the article is to present and to evaluate the evolution of the legal provisions concerningthe functioning of custodians on the investment fund market in Poland in 1992–2021. Theevaluation is mainly conducted on the basis of an analysis of acts on investment funds from 1997and 2004 and their amendments, and in particular the amendment from 2016. The fundamentalchanges in legal regulations concerning custodians since 2004 were mainly a consequence of implementing EU directives concerning collective investment institutions, mainly the UCITSdirective and the AIFM directive. Recommendations issued by the Polish Financial SupervisionAuthority also played an important role in shaping legal provisions on custodians. The evolutionof legal provisions relating to these entities was a key factor that contributed to the increase in theeffectiveness of the performance of their duties, in particular those of a control and supervisory nature.

  • Issue Year: 84/2022
  • Issue No: 2
  • Page Range: 27-42
  • Page Count: 16
  • Language: Polish