Amendment to an authorised existing IFM

Here is a non-exhaustive list of examples of amendments falling under this procedure:

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

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 components of the project are fully defined 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 via our eDesk Portal. Similarly, when an IFM absorbs another company, if the merger has an impact on the data contained in the absorbing IFM’s Market Entry Form, then the form must be amended and resubmitted via the eDesk Portal.

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

Complementary information or documents must then be submitted to the CSSF. 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a reasonable time limit, the CSSF will contact the applicant to ask whether the application is to be continued or withdrawn.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 contact the applicant to advise that the examination phase of the application is complete. The CSSF will request all the documents required in the final version to complete the process.

The attestation of the approval of amendments is issued only after receipt of all the required 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 the amendment results in a change of articles of incorporation, a notarised version must be submitted.

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 email address below.