Alternative Investment Companies

An Alternative Investment Company (ASI) is a collective investment institution whose object is to collect assets from a number of investors in order to invest them in the interests of those investors in accordance with a defined investment policy, while not being a classic investment fund. The activities of an ASI are supervised by the FSA and are subject to a number of regulations and compliance requirements. The prerequisites for qualification as an ASI may also be met in some cases by a closed-end investment vehicle engaging investors known to itself and investing their funds in selected ventures, which is why we support our clients in carrying out an in-depth analysis of regulatory issues before starting such activities.

How can we help?

  • Assessment of whether an entity (investment vehicle) constitutes an alternative investment company subject to the requirements of the Act on Investment Funds and Management of Alternative Investment Funds (ASI),
  • Preparation of the comprehensive legal documentation required for the establishment of an alternative investment company (AIFM) and ASI manager, including the agreement (articles of association) of the AIFM and ASI, investment policy and strategy, procedures related to the classification of investors (clients) as retail and professional,
  • Advising on the entry and exit of investors to/from the ASI,
  • Representation in proceedings before the FSA, including matters relating to the entry of ZASIs in the register of ASI Managers,
  • Legal services related to the investment activities of ASIs, including the preparation and negotiation of transaction documentation for investments made by ASIs,
  • Advising ZASI/ASI on compliance obligations (AML/CFT, whistleblower protection, SFDR).

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