The Civil Liability of Asset Managers – a Polish Perspective

• Authors: Tomasz Sójka

Abstracts

EN

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 todetermine the basic rules of civil liability of asset managers in Polish law, and present suggestions for the most common problems in this field.

Keywords

EN

civil liability; brokerage services; asset management; MiFID; harmonization

• Publisher: Uniwersytet im. Adama Mickiewicza w Poznaniu
• Journal: Adam Mickiewicz University Law Review
• Year: 2019
• Volume: 9

Dates

published

2019

Contributors

author

Tomasz Sójka

Identifiers

DOI

10.14746/ppuam.2019.9.02

Biblioteka Nauki

962420