Supervision of the Financial Supervision Authority over the activity of managers of alternative investment funds Cover Image

Nadzór Komisji Nadzoru Finansowego nad działalnością zarządzających alternatywnymi spółkami inwestycyjnymi
Supervision of the Financial Supervision Authority over the activity of managers of alternative investment funds

Author(s): Szymon Balcarek
Subject(s): Law, Constitution, Jurisprudence, Law on Economics
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: alternative investment company; capital market; Financial Supervision Authority; supervision; control

Summary/Abstract: The aim of the article is to present the issue of the Polish Financial Supervision Authority’s oversight over the activity of the managers of alternative investment funds (AIFMs). The supervision is exercised on the basis of legality criterion and its main goal is to ensure the proper functioning of the capital market. The author classified the supervision instruments by dividing them into preventive supervision instruments and routine supervision instruments. Among routine supervision instruments he distinguished informative and repressive instruments. He then divided repressive instruments into ad rem and in personam instruments. According to the author, as a rule, the least burdensome measures of supervision should be used first, and only when they prove ineffective then should more burdensome measures be used.

  • Issue Year: 130/2022
  • Issue No: 1
  • Page Range: 141-155
  • Page Count: 15
  • Language: Polish