AIC (Alternative Investment Company)

We offer full support in establishing and conducting investment activities in the form of AICs. We prepare corporate, statutory and investment documentation, including:

• investment policy and strategy;
• policy for recognizing a client as a professional;
• AML policy;
• ESG documentation,

required by law, including the Investment Funds Act. We help assess whether a given entity is subject to mandatory entry in the register of AIC managers, and then prepare all the documentation necessary to successfully complete the procedure before the Polish Financial Supervision Authority.

We advise on the selection of the appropriate legal form – a capital company or a partnership – taking into account the client’s tax and investment preferences. We draft the rules of procedure for the ASI manager and develop mechanisms for collecting assets from investors in accordance with the regulations. We represent clients in registration proceedings until they are entered in the register of ASI managers and their activities are approved by the Polish Financial Supervision Authority. We ensure that the AIC is correctly embedded in the capital structure of the group and that the interests of investors and shareholders are adequately protected.

Our law firm has represented dozens of entities in proceedings for entry in the register of ACI managers conducted by the Polish Financial Supervision Authority. We have provided services to both local investment initiatives and external funds established with the participation of foreign investors. KWKR’s activities are tailored to the client’s investment objectives, regardless of whether they are planning a single transaction or long-term investment activities on their own behalf or on behalf of other investors.

A significant part of our portfolio consists of alternative investment funds focused on private equity and venture capital transactions. We also have experience in working with ACI managers in the new technologies, real estate, and renewable energy sectors. We understand the specific nature of the industries in which investors operate and are able to tailor the structure of ACIs to their individual needs, both in formal and operational terms.

The preparation and launch of an ACI is a process that requires not only knowledge of the Investment Funds Act, but also experience in dealing with the Polish Financial Supervision Authority and an understanding of investors’ expectations. Our law firm advises both entities setting up new funds and investors wishing to join them, always taking into account tax, capital and regulatory aspects.

Our activities are tailored to the client’s investment objectives, regardless of whether they are planning a one-off transaction or long-term investment activity in their own interest or that of external investors. We ensure structural security, permits, compliance with all legal requirements, and minimization of risks related to incorrect registration or operation. Thanks to the experience of our lawyers, we implement each project efficiently and effectively – from the planning stage, through registration, to the first investments.

An Alternative Investment Company is a structure with great potential, but its effective preparation requires great care and specialist knowledge. It is important to define the right investment policy and ensure that the documents comply with the requirements of the Act on Funds. The activities of ACI s are supervised by the Financial Supervision Authority, and every transaction and structure of the fund must be transparent to those intending to invest in it and in line with their interests.

Tax issues are also important, in particular the possibility of benefiting from CIT exemption if statutory conditions are met, such as a two-year investment period or an appropriate shareholding in portfolio companies. Therefore, it is worth starting preparations for the establishment of an ACI by consulting KWKR, a team with experience and knowledge in this field. Professional legal advice at the investment concept stage allows you to avoid costly mistakes, speed up registration, and ensure the smooth operation of the fund from day one.