Fund Governance: The New Rules of the Game

by | May 29, 2026

The landscape for Qualified Investor Funds (QIFs) in Central Europe is undergoing a fundamental transformation. With the 2026 amendment to the Act on Investment Companies and Investment Funds (ZISIF), the Czech Republic is aligning its local framework more closely with strict Western European standards. For the international HNWI and the expatriate community, this shift is a double-edged sword: while it introduces higher operational transparency and stronger depository oversight, it also forces a reassessment of fund costs and performance fee structures. In an era where governance is as important as growth, understanding these “rules of the game” is vital for asset protection.

This regulatory evolution is not just a local matter. It is a response to the increasing demand for cross-border capital security, ensuring that funds operating out of Prague or Brno meet the same rigorous safety benchmarks as those in Dublin or Luxembourg.

Strengthening the Safety Net: Depository Oversight

One of the most critical changes concerns the role of the depository. The new rules simplify the path for foreign banks to act as depositories for local funds, provided they have a branch in the region. For an international investor, this is a significant “trust anchor.”

The enhanced oversight framework ensures:

  • Strict Separation of Assets: Clearer boundaries between the fund manager’s assets and the investors’ capital, reducing counterparty risk.

  • Enhanced Transaction Monitoring: A more robust “check and balance” system where the depository bank acts as a proactive guardian of the fund’s cash flows.

  • Standardized Reporting: Uniformity in how fund performance and risks are communicated to the regulator, leaving less room for local interpretation.

This increased oversight might seem technical, but it directly affects the “stress-test” resilience of your portfolio. When the depository is a major international banking institution, the layer of protection for the client is substantially thicker.

Fees and Fairness: The Performance Reset

The 2026 amendment also turns its attention to how fund managers are rewarded. The era of complex, opaque performance fee structures is ending. The focus has shifted toward “Fair Value” and the “High-Water Mark” principle—ensuring that managers only earn performance fees on genuine new growth, not on the recovery of previous losses.

💡 TIP: Review your current fund participation agreements. The new governance rules may trigger a recalculation of how performance fees are accrued. Ensure your advisor checks whether your funds have already implemented the “High-Water Mark” principle to protect your net returns.

As costs for compliance and depository services rise due to these stricter rules, smaller, less efficient funds may struggle. For the investor, this means a necessary “flight to quality”—moving capital toward larger, more robust platforms that can absorb these costs without eroding the client’s return.

Strategic Alignment with Global Standards

At Aisa International, we view these changes as a filter for quality. We don’t just look at a fund’s past performance; we analyze its governance structure. Does it have a Tier-1 depository? Is its fee structure transparent and aligned with European best practices?

„In the modern investment world, a fund’s safety is defined by its weakest regulatory link. Strengthening the governance framework is the only way to ensure long-term wealth preservation.“

The 2026 ZISIF amendment effectively “cleans the market,” making the Czech investment environment more attractive for international capital. For our clients, this provides a clearer, safer path for managing regional assets within a global strategy.


FAQ: Fund Governance and ZISIF 2026

What is the “High-Water Mark” and how does it protect me? It is a principle ensuring the fund manager only receives a performance fee when the fund’s value exceeds its previous peak. This prevents you from paying for “performance” that is merely recovering a past drop.

Why is the change in depository rules important for me? It allows major international banks to oversee more local funds. This provides a higher level of security and international standard monitoring for your assets.

Will these new rules make my investment more expensive? While compliance costs may slightly increase, the goal is to make fee structures more transparent. In the long run, it often leads to lower “hidden” costs.

Are my existing investments affected by the 2026 amendment? Yes, funds are required to align their statutes and fee structures with the new law. You should receive an update regarding these changes from your fund manager or advisor.

How does this affect my tax position? The governance changes are primarily regulatory and do not directly change tax laws. However, a more transparent fund structure makes tax reporting for cross-border investors much simpler.

The views expressed in this article are not to be construed as personal advice. Therefore, you should contact a qualified, and ideally, regulated adviser in order to obtain up-to-date personal advice with regard to your own personal circumstances. Consequently, if you do not, then you are acting under your own authority and deemed “execution only”. The author does not accept any liability for people acting without personalised advice, who base a decision on views expressed in this generic article. Importantly, where this article is dated then it is based on legislation as of the date. Legislation changes but articles are rarely updated, although sometimes a new article is written; so, please check for later articles or changes in legislation on official government websites, as this article should not be relied on in isolation.

Vyjádřené názory v tomto článku nelze považovat za osobní poradenství. Vždy se proto obraťte na kvalifikovaného, ideálně regulovaného poradce, který vám poskytne aktuální, osobní doporučení šitá na míru vaší konkrétní situaci. Pokud se rozhodnete jednat bez takového poradenství, činíte tak na vlastní odpovědnost a vaše jednání spadá pod režim „execution only“ (pouhá realizace pokynu bez poradenství). Autor nepřijímá žádnou odpovědnost za rozhodnutí osob, které se spoléhají na názory uvedené v tomto obecném článku bez personalizovaného poradenství. Je důležité si uvědomit, že pokud je článek datován, vychází z právních předpisů platných k uvedenému datu. Právní předpisy se mohou měnit a články jsou aktualizovány jen zřídka. Doporučujeme proto vždy ověřit případné novější články nebo změny legislativy na oficiálních vládních stránkách, protože na tento článek nelze spoléhat izolovaně.

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Post written by:
Autorem článku je:

Monika Škubalová

Monika works in the area of compliance and financial crime prevention, where she specializes in setting internal rules and control mechanisms to protect the company from financial and regulatory risks. She has experience in providing professional advice and implementing processes in accordance with legislation. She actively participates in training the internal team and supports the corporate culture of responsibility and transparency.

Aisa International is the only financial advice service company specialising in advice for expats that is regulated as a Securities Trader in the Czech Republic, USA, and UK.