Amendment to an existing Management Company – Chapter 16

The amendment process comprises the approval of any amendment to an existing Management Company – Chapter 16 (i.e. registered on the official list).

A non-exhaustive list of examples of amendments falling under this procedure:

• change of management regulations/articles of incorporation;
• change of the registered address;
• corporate actions (e.g. merger, liquidation, spin-off, etc.);
• change in governance (board members, conducting persons, others);
• change of denomination.

The applicant must provide the CSSF with any relevant information for the examination of the request in the form of a detailed letter in free-format. Because of the variety of possible amendments and, hence, the variety of information that changes accordingly, no questionnaire is currently available on the CSSF website for the collection of the relevant information.

Any request file and appended documents must be submitted together via email to gfi@cssf.lu

Applicants are advised to file an application only once all constituents of the project are fully fixed and stable. The transmission of a partial (incomplete) application may prevent the start of the approval process and cause unexpected delays. For entry of a new qualified shareholder in the shareholding structure of the IFM, the request should include the Market Entry Form that will have to be filled in and submitted through our eDesk Portal.

The CSSF will acknowledge receipt of the application file and provide the name of the responsible officer in charge of the examination of the application file by means of an email to the address of the contact person provided in the application questionnaire.

The CSSF seeks to contact the applicant (request for further information and/or supportive documents, supplementary confirmations, further information about certain aspects of the request…) after receiving an application.

Complementary information or documents must be submitted through the communication channel used before. The exchange of comments may be subject to reiteration until satisfactory completion of the examination phase.

If the applicant faces difficulties to provide further information on specific considerations of the application and does not provide the information requested by the CSSF within a reasonable time limit, the CSSF will contact the applicant to ask whether the application is to be continued or withdrawn.

If the CSSF makes a positive decision, and only if the examination of the request for amendments is carried out based on draft documents, the CSSF will telephone the applicant to advise that the examination phase of the application is complete. The CSSF will request all documents required in final version to complete the process.

If the amendment results in a change of management regulations, articles of incorporation and/or agreements, new versions must be submitted in signed form.

The attestation of the approval of amendments is issued only after receipt of all compulsory documents in final version and without alteration from the last versions examined.

Where applicable, the CSSF issues an official accreditation letter sent electronically by email.

If you need to contact the head of the division or the CSSF officer in connection with the application under review, you should refer to the below email address.

All legal and regulatory documents (including FAQs) can be found in the Regulatory framework section.

All forms can be found in the Publication and Data section.