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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.
Warsaw Financial Centre
ul. Emilii Plater 53
00-113 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 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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26 January 2021
Po­land – a more than 20 mln fine for mis­selling life in­sur­ance-based in­vest­ment...
On 13 Janu­ary 2021 the Pres­id­ent of the Pol­ish Of­fice of Com­pet­i­tion and Con­sumer Pro­tec­tion (“OC­CP”) is­sued a de­cision im­pos­ing a fine of more than PLN 20 mln on a Pol­ish life in­surer (“In­surer”)...
16 December 2020
In­sur­ance In­sights
The in­sur­ance mar­ket is con­stantly evolving, so you need to stay up to date on the latest de­vel­op­ments to an­ti­cip­ate and handle any po­ten­tial is­sues and be­ne­fit from op­por­tun­it­ies.With “In­sur­ance In­sights”...
6 October 2020
The Auto­mot­ive In­dustry Re­port 2020/21
The Auto­mot­ive In­dustry Re­port 2020/2021 pub­lished by the Pol­ish Auto­mot­ive In­dustry As­so­ci­ation and co-au­thored by CMS takes a look at some of the key areas af­fect­ing the auto­mot­ive sec­tor. Our cross-prac­tice...
27 July 2020
Po­land: Sole traders will be treated as con­sumers
As of 1 Janu­ary 2021, nat­ur­al per­sons con­duct­ing a busi­ness activ­ity (“sole traders”) will be able to be­ne­fit from con­sumer pro­tec­tion with re­gard to con­tracts dir­ectly con­nec­ted with their busi­ness...
06 July 2020
Up­date: Po­land to strengthen su­per­vi­sion over for­eign (re)in­surers
Pol­ish Par­lia­ment has ad­op­ted a law aimed at in­tro­du­cing changes to the ex­ist­ing (re)in­sur­ance reg­u­la­tions con­cern­ing for­eign EU in­surers and re­in­surers op­er­at­ing in Po­land. The changes will come in­to...
28 May 2020
Anti-crisis Shield: the im­pact of new reg­u­la­tions on con­duct­ing busi­ness...
CMS law­yers have been con­duct­ing a cross-prac­tice and in-depth ana­lys­is of new COV­ID-19 reg­u­la­tions in Po­land, identi­fy­ing those changes which - from the point of view of trad­ing prac­tice - may have a...
16 April 2020
Anti-crisis Shield: the im­pact of new reg­u­la­tions on con­duct­ing busi­ness...
On March 31, the Pres­id­ent of the Re­pub­lic of Po­land signed a pack­age of laws called the Anti-crisis Shield:the Act of 31 March 2020 amend­ing the Act on spe­cial solu­tions re­lated to the pre­ven­tion, coun­ter­ac­tion...
14 April 2020
COV­ID-19 and re­in­sur­ance ag­greg­a­tion clauses – po­ten­tial dis­pute area?
Re­in­surers, like in­surers, are cur­rently eval­u­at­ing their po­ten­tial COV­ID-19 ex­pos­ure. Amidst po­ten­tial is­sues - ag­greg­a­tion clauses stip­u­lated in the re­in­sur­ance con­tracts might be worth con­sid­er­ing...
03 April 2020
Coronavir­us in Po­land: Chair­man of the Pol­ish Fin­an­cial Su­per­vi­sion Au­thor­ity...
In re­cent days, the Chair­man of the Pol­ish Fin­an­cial Su­per­vi­sion Au­thor­ity (“KNF”) has ap­pealed to the banks and in­sur­ance com­pan­ies not to pay out di­vidends and to re­tain all the profit gen­er­ated...
30 March 2020
Pol­ish Fin­an­cial Su­per­vi­sion Au­thor­ity to sup­port in­sur­ance in­dustry dur­ing...
On 20 March 2020 the Pol­ish Fin­an­cial Su­per­vi­sion Au­thor­ity (“PF­SA”) pub­lished the so-called Su­per­vis­ory Stim­u­lus Pack­age for in­sur­ance in­dustry (“SSP”). SSP is a pack­age of ex­traordin­ary meas­ures...
26 March 2020
Over­haul of the Pol­ish pen­sion sys­tem - put on hold?
Ac­cord­ing to the latest press re­leases works on a new law aimed at in­tro­du­cing fun­da­ment­al changes to the Pol­ish pen­sion sys­tem (the “Draft Law”) will not be thwarted by the out­break of the coronavir­us...
26 March 2020
Up­date: Po­land to strengthen su­per­vi­sion over for­eign (re)in­surers
Re­cently, the Pol­ish gov­ern­ment ad­op­ted a draft law aimed at in­tro­du­cing changes to ex­ist­ing (re)in­sur­ance reg­u­la­tions con­cern­ing for­eign EU in­surers and re­in­surers op­er­at­ing in Po­land.  Key takeaways...