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Portrait of Ewa Swiderska

Ewa Swiderska

Counsel
Head of Financial Services and Institutions Group

CMS Cameron McKenna Nabarro Olswang Pośniak i Bejm sp.k.
Varso Tower
Chmielna 69
00-801 Warsaw
Poland
Languages Polish, English

Ewa Świderska is an attorney-at-law and a Counsel at CMS. She heads the Financial Institutions and Services Group in Poland.

Ewa specialises in advising financial institutions and has particular expertise in the insurance sector. She successfully represents clients before the Polish Financial Supervision Authority, and advises on product development and distribution (including bancassurance). Her practice also involves consumer protection issues, including distance selling, as well as marketing and consumer credit. She is the author of numerous publications in this field. 

She also has extensive experience in corporate transactions on the financial market – she has been involved in a number of mergers and restructurings of international financial institutions. She advised a leading Polish bank when setting up an insurance company, including obtaining an insurance licence. Recently she advised on the first successful transformation on the Polish market of a mutual insurance undertaking into a joint stock company. 

She has twice been seconded to the Polish offices of global insurance companies, where she acquired experience as an in-house lawyer and a solid business background.

Legal 500 and Chambers Europe recommend Ewa as an expert in the field of Insurance. 

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Ewa Świderska is well regarded for her extensive insurance practice, which covers M&A-related matters and regulatory advice. One client praises her "well-thought-out and comprehensive" approach.

Chambers, 2022

Ewa Swiderska has exceptional knowledge and a commitment to work on the best solutions.

Legal 500, 2020

She has a very profound oversight of what is going on in the market - she is very practical. She knows how we operate and do business. She is always looking for good ideas as to what we can do with a regulator and what is good for us as a business.

Chambers and Partners, 2020

Relevant experience

  • Generali group - after assisting Generali in the process of acquiring majority stakes of shares in two  Concordia insurance undertakings (life and non-life), advising on the first successful - on the Polish market - transformation of a mutual insurance company, Concordia Non-Life, into a joint-stock company (so-called: demutualisation), as well as on the merger of Generali Polish life company with Concordia life company. The assistance covered a wide range of insurance and corporate issues, including obtaining relevant clearances from the Polish Financial Supervision Authority.
  • Unum Group - advising on the acquisition of Pramerica insurance company from Prudential Financial, Inc. The advice included both corporate and regulatory assistance (including conducting due diligence, drafting and negotiating the SPA, communicating with and preparing a change of control application to the Polish Financial Supervision Authority). The advice also included other change-of-control aspects of the transactions (rebranding, IP, transitional services, etc.). 
  • AIG – after advising on some aspects of the sale of Polish AIG’s insurance operation to Fairfax (Colonnade) and the cross-border merger of AIG Europe Limited with AIG Europe SA, advising AIG on regulatory and corporate issues related to the liquidation of AIG’s Polish branch. 
  • PKO BP (the biggest retail bank in Poland) - setting up a non-life insurance company within the bank group, including representation of the bank in proceedings before the Polish Financial Supervision Authority (the insurance company was set up in a record time of 6 months).
  • MetLife group – providing advice on various regulatory and corporate issues and assisting in various transactions and projects (including advice on the acquisition of a 50% stake in MetLife pension fund company by MetLife life insurance company; assisting MetLife Services EEIG with opening the first branch of a European economic interest grouping in Poland; advising in the process of changing the corporate structure of MetLife’s Polish companies as a result of the Solvency II Directive; providing  comprehensive advice on the merger of Amplico with MetLife Polish companies, etc.). 
  • Chubb – providing a wide spectrum of day-to-day legal support in relation to Chubb’s insurance products and its operations in Poland, including corporate and regulatory issues. 
    Volkswagen Financial Services – advising on setting a new insurance distribution and distance selling models and on the implementation of new insurance distribution regulations (IDD). 
  • Grupa Azoty Polyolefins – advising on the insurance contracts securing the one of the biggest chemical investments in Poland (the construction of the chemical plant, including systems for producing propylene and polypropylene). 
    various banks, insurers and other financial institutions (including Allianz, AXA, Bank Millennium, Citibank, Getin Noble Bank, mBank, MetLife, PKO Życie, PZU, Wonga) - advising on various consumer protection issues, representing clients in the investigations initiated by the Polish consumer protection authority, in the proceedings before this authority, as well as representing the clients in disputes with this authority. 
  • AWP P&C (Allianz group) – advising on a wide spectrum of issues relating to the insolvency of Neckermann (tour operator, belonging to the Thomas Cook group), to which AWP P&C issued an insurance guarantee securing the performance of the tour operator’s obligations towards its customers. The assistance included securing the client’s position in the insolvency proceedings and advising on triggering the insurance guarantee, as well as on particular clients’ claims. 
  • a global insurer – advising on extended warranties insurance products for vehicles of a world class manufacturer. The advice included adapting the insurance products to Polish law requirements and market practice, as well as the assistance in setting up a distribution model with car dealers and an on-line distribution model.
  • WAGAS (Lloyd’s coverholder) - providing a wide spectrum of day-to-day regulatory, corporate and distribution legal support in relation to operations in Poland, as well as cross - border operations in other EU countries. 
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Memberships & Roles

  • Legal Advisor, Warsaw Bar Association
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Education

  • ‪‬‬‬‬2006 – Master of Laws, University of Warsaw, Warsaw
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Expertise

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23/11/2022
The Anti-Usury Act has been passed
An act to amend the laws to com­bat usury[1] (the “Act”) has been passed. It in­tro­duces im­port­ant changes to the op­er­a­tions of lend­ing in­sti­tu­tions and to the lend­ing of cap­it­al to con­sumers. Al­though...
18/08/2022
Changes made to Pol­ish sanc­tions re­gime
On 5 Au­gust 2022, Po­land passed a law that amends the Act on Spe­cial Solu­tions to Coun­ter­act Sup­port for Ag­gres­sion against Ukraine and to Pro­tect Na­tion­al Se­cur­ity and the Act on the Na­tion­al Fisc­al...
13/04/2022
Sanc­tions on Rus­sia and Be­larus – draft act in Po­land
Work is un­der­way on the gov­ern­ment draft act on spe­cial solu­tions in the scope of coun­ter­act­ing sup­port for the in­va­sion of Ukraine and serving the pro­tec­tion of na­tion­al se­cur­ity (“Draft Act”). The...
22/12/2021
Fin­an­cial reg­u­lat­or is­sues po­s­i­tion on di­vidends in fin­an­cial in­sti­tu­tions...
Re­cently, the Pol­ish Fin­an­cial Su­per­vis­ory Au­thor­ity (PF­SA) is­sued its an­nu­al Po­s­i­tion on di­vidend policy of fin­an­cial in­sti­tu­tions for 2022 (Po­s­i­tion). Al­though con­sidered a 'soft-law', the PF­SA's yearly...
18/11/2021
Solvency II Dir­ect­ive re­view brings changes for in­sur­ance and re­in­sur­ance...
The European Com­mis­sion has re­viewed Solvency II Dir­ect­ive[1] and provided amend­ments to this dir­ect­ive[2] („Draft”)[3]. The pro­posed changes in this Draft aim to fur­ther strengthen the in­sur­ance...
29/10/2021
CMS’s strong M&A mar­ket po­s­i­tion in the in­sur­ance sec­tor in Po­land
In the last three months alone, in­ter­na­tion­al law firm CMS has sup­por­ted its cli­ents on im­port­ant trans­ac­tions in the Pol­ish in­sur­ance mar­ket.Ad­vising Neuca S.A. on the ac­quis­i­tion of a ma­jor­ity stake...
11/10/2021
Pol­ish FSA is­sues state­ment on im­prop­er prac­tices in in­sur­ance dis­tri­bu­tion
In re­sponse to ir­reg­u­lar­it­ies in the ap­plic­a­tion of the Pol­ish Act on In­sur­ance Dis­tri­bu­tion (im­ple­ment­ing an EU Dir­ect­ive) un­covered dur­ing audits, the Pol­ish Fin­an­cial Su­per­vi­sion Au­thor­ity (PF­SA) is­sued...
30/09/2021
CMS ad­vises on ac­quis­i­tion of in­sur­ance com­pany in Po­land
In­ter­na­tion­al law firm CMS has ad­vised Neuca S.A., a lis­ted com­pany op­er­at­ing on the phar­ma­ceut­ic­al whole­sale mar­ket in Po­land, on the ac­quis­i­tion of a ma­jor­ity stake in Pom­er­a­nia In­vest­ment S.A., the...
28/09/2021
Eth­ic­al ar­ti­fi­cial in­tel­li­gence gov­ernance prin­ciples - EIOPA re­port
On 17 June 2021 the re­port “Ar­ti­fi­cial in­tel­li­gence gov­ernance prin­ciples: To­wards eth­ic­al and trust­worthy ar­ti­fi­cial in­tel­li­gence in the European in­sur­ance sec­tor” (the “Re­port”), draf­ted by...
24/08/2021
The PF­SA's product in­ter­ven­tion con­cern­ing unit-linked life in­sur­ance con­tracts
On 15 Ju­ly 2021, the Pol­ish Fin­an­cial Su­per­vis­ory Au­thor­ity (the “PF­SA”) is­sued a so-called product in­ter­ven­tion, which had been long-awaited by the mar­ket. Pur­su­ant to the PF­SA’s de­cision, as of...
18/08/2021
Pol­ish Civil Code amended to of­fer com­pens­a­tion for vi­ol­a­tion of fam­ily...
A key amend­ment to the Pol­ish Civil Code, which will un­am­bigu­ously settle the dis­pute over award­ing com­pens­a­tion to the closest fam­ily mem­bers of vic­tims suf­fer­ing per­man­ent or ser­i­ous bod­ily in­jury or...
16/08/2021
Pro­pos­al for fun­da­ment­al changes re­gard­ing fines which may be im­posed on...
The draft law1 (the "Draft") pub­lished in Ju­ly pro­poses a num­ber of changes for the en­tire fin­an­cial sec­tor. One of the changes con­cerns the rules on the im­pos­ing of fines by the Pol­ish Fin­an­cial Su­per­vi­sion...