Key details:

The updated procedures apply to:

UCITS Management Companies:

• Those authorised under Chapter 15 of the Law of 17 December 2010 (the 2010 Law) to manage UCITS in other EU Member States.
• This includes activities conducted via branch establishment or under the freedom to provide services (FPS), as well as the management of UCITS established in other Member States (Articles 114 and 115 of the 2010 Law).

Authorised AIFMs:

• Those operating under Article 5 of the Law of 12 July 2013 (the 2013 Law) to manage EU AIFs (authorised or not) in other Member States, either directly (FPS) or through branch establishment.
• This also includes providing services outlined in Article 5(4) of the 2013 Law (Article 32 of the 2013 Law).

New submission methods:

• eDesk Portal: All notifications and de-notifications must now be submitted via the CSSF’s eDesk Portal. This platform centralises the submission and monitoring of cross-border management activities.
• CSSF Application Programming Interface (API) transmission: Alternatively, submissions can be made using the CSSF API solution, which leverages S3 technology for secure file transfers.
• Monitoring: Ongoing monitoring of notifications will be conducted exclusively through the eDesk Portal.

Obligations for IFMs: IFMs are reminded of their obligation to notify the CSSF of all cross-border activities and services they intend to provide, regardless of whether these are conducted under the freedom to provide services or through branch establishment.

Support and Assistance: For any questions or technical support, IFMs can contact the CSSF helpdesk at edesk@cssf.lu.

Why this matters: These updates reflect the CSSF’s commitment to modernising regulatory processes and ensuring compliance with EU directives. By leveraging digital tools like the eDesk Portal, the CSSF aims to simplify administrative procedures, reduce processing times, and enhance the overall efficiency of cross-border fund management operations.

CSSF’s communique can be accessed here and comprehensive guidance is provided in the user guide: IFM Guidelines on Cross-Border Management Notification and De-Notification Procedures.

The eDesk Portal is here.