The Civil Liability of Asset Managers – a Polish Perspective

This paper focuses on the civil liability of asset managers in Polish law. Following the transformation of the economic system and the development of the capital market in Poland, the importance of asset management has been gradually increasing, though it remains disproportionally lower when compar...

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Main Author: Tomasz Sójka
Format: Article
Language:English
Published: Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań 2019-12-01
Series:Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza
Subjects:
Online Access:https://pressto.amu.edu.pl/index.php/ppuam/article/view/21641
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author Tomasz Sójka
author_facet Tomasz Sójka
author_sort Tomasz Sójka
collection DOAJ
description This paper focuses on the civil liability of asset managers in Polish law. Following the transformation of the economic system and the development of the capital market in Poland, the importance of asset management has been gradually increasing, though it remains disproportionally lower when compared to the role of collective asset management in the form of investment funds. The chief purpose of both MiFID directives is to harmonize the rules applicable to investment firms providing brokerage services in Europe, and to protect the interests of investors using brokerage services. Although the civil liability of investment firms offering brokerage services is part of what is broadly construed as investor protection, the regulations on this matter have been left to the member states’ discretion. There is no doubt that discrepancies between member states in this respect diminish the harmonizing effect of both directives. This paper sets out to determine the basic rules of civil liability of asset managers in Polish law, and present suggestions for the most common problems in this field.
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spelling doaj.art-f824f6228f2c46379002a4a04a62464a2023-04-25T06:41:41ZengAdam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University PoznańPrzegląd Prawniczy Uniwersytetu im. Adama Mickiewicza2083-97822450-09762019-12-01910.14746/ppuam.2019.9.02The Civil Liability of Asset Managers – a Polish PerspectiveTomasz Sójka This paper focuses on the civil liability of asset managers in Polish law. Following the transformation of the economic system and the development of the capital market in Poland, the importance of asset management has been gradually increasing, though it remains disproportionally lower when compared to the role of collective asset management in the form of investment funds. The chief purpose of both MiFID directives is to harmonize the rules applicable to investment firms providing brokerage services in Europe, and to protect the interests of investors using brokerage services. Although the civil liability of investment firms offering brokerage services is part of what is broadly construed as investor protection, the regulations on this matter have been left to the member states’ discretion. There is no doubt that discrepancies between member states in this respect diminish the harmonizing effect of both directives. This paper sets out to determine the basic rules of civil liability of asset managers in Polish law, and present suggestions for the most common problems in this field. https://pressto.amu.edu.pl/index.php/ppuam/article/view/21641civil liabilitybrokerage servicesasset managementMiFIDharmonization
spellingShingle Tomasz Sójka
The Civil Liability of Asset Managers – a Polish Perspective
Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza
civil liability
brokerage services
asset management
MiFID
harmonization
title The Civil Liability of Asset Managers – a Polish Perspective
title_full The Civil Liability of Asset Managers – a Polish Perspective
title_fullStr The Civil Liability of Asset Managers – a Polish Perspective
title_full_unstemmed The Civil Liability of Asset Managers – a Polish Perspective
title_short The Civil Liability of Asset Managers – a Polish Perspective
title_sort civil liability of asset managers a polish perspective
topic civil liability
brokerage services
asset management
MiFID
harmonization
url https://pressto.amu.edu.pl/index.php/ppuam/article/view/21641
work_keys_str_mv AT tomaszsojka thecivilliabilityofassetmanagersapolishperspective
AT tomaszsojka civilliabilityofassetmanagersapolishperspective