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Legal reporting for PI/EMI
Summary
Legal reporting encompasses the periodic information and data to be transmitted to the CSSF by the payment and electronic money institutions under its supervision for prudential purposes.
For the instructions relating to the electronic transmission of this information, please refer to the Circular CSSF 23/833 (which amends the CSSF Circular 08/334) including its related document “Methods of transmitting reports via external channels (Naming convention)” detailing encryption specifications for reporting firms. The page File transport and data protection provides additional technical details regarding the transmission channels for periodic reporting of payment and electronic money institutions.
Periodic reporting
For instructions relating to the information to be provided by payment and electronic money institutions, please refer to:
- Circular CSSF 10/462 ;
- Circular CSSF 11/511 (payment institutions only) ;
- Circular CSSF 11/522 (electronic money institutions only) ;
- The document Schedule of conditions (only in French).
In order to transmit the basic reporting, payment and electronic money institutions are invited to use the Excel templates available under the “Documentation” section. Please note that payment and electronic money institutions shall under no circumstances modify the structure of the templates or delete the tables that they are not required to fill in. The duly filled-in tables must be transmitted to the CSSF in .xls format (MS Excel 2003) or .xlsx format (MS Excel 2007).
| Periodicity | Payment institutions | Electronic money institutions | |
| Balance sheet (only in French) | Monthly | Table Z 1.1 | Table W 1.1 |
| Identification of third-party funds held and incorporated in the balance sheet (only in French) | Monthly | Table Z 1.2 | Table W 1.2 |
| Statement of authorised reinvestments (only in French) | Quarterly | Not applicable | Table W 1.3 |
| Capital adequacy (only in French) | Quarterly | Table Z 1.4 | Table W 1.4 |
| Profit and loss account (only in French) | Quarterly | Table Z 2.1 | Table W 2.1 |
| Analysis of shareholdings (only in French) | Yearly | Not applicable | Table W 4.5 |
Annual reporting
The following documents have to be addressed by payment and electronic money institutions to the CSSF after the closure of each financial year:
| Deadline | Circular | |
| Short form report on annual accounts | As soon as possible and at the latest two weeks prior to the Ordinary General Meeting | Circular CSSF 15/614 |
| Proposed allocation of results | Circular CSSF 15/614 | |
| Final versions of the periodic reporting tables | Circular CSSF 15/614 | |
| Summary report drawn up by the internal auditor | As soon as possible and at the latest on the last day of the third month after the closing date | Circular CSSF 15/614
Circular IML 98/143 |
| Management report on internal control | Circular CSSF 15/614
Circular IML 98/143 Circular CSSF 20/750 |
|
| Annual report of the compliance officer | Circular CSSF 15/614
Circular CSSF 04/155 |
|
| Annual long form audit report | As soon as possible and at the latest one month after the Ordinary General Meeting | Circular CSSF 15/614
Circular CSSF 12/550 (payment institutions) Circular CSSF 13/569 (electronic money institutions) |
| Minutes and attendance list of the Ordinary General Meeting | Circular CSSF 15/614 | |
| Table stating the number of complaints registered by the professional and summary report of the complaints and of the measures taken to handle them | 1 March each year | Circular CSSF 17/671 |
Fraud reporting
Reporting instructions for guidelines of the European Banking Authority on reporting requirements for fraud data under Article 96(6) of the Directive (EU) 2015/2366 (PSD2)
Article 96(6) of the PSD2 transposed in Luxembourg under Article 105-2 (3) of the Law of 10 November 2009 on payment services requires payment services providers to provide the CSSF with statistical data on fraud relating to the different means of payment. This requirement also concerns branches of EEA payment services providers established in Luxembourg.
The European Banking Authority issued guidelines providing details on these reporting requirements for fraud data. In Luxembourg, these reporting obligations were adopted via Circular CSSF 19/712 addressed to all payment service providers and all branches of EEA payment service providers established in Luxembourg.
Based on the operational collaboration implemented between the Banque centrale du Luxembourg (hereafter “BCL”) and the CSSF providing for a Single Data Flow, this reporting is to be sent to the BCL. Based on this Single Data Flow, the Banque centrale du Luxembourg is the single point of entry in charge of gathering all the fraud reporting from all payment services providers and all branches of EEA payment service providers established in Luxembourg.
This collaboration, and hence required reporting, is presently taking into consideration the amendments of the REGULATION OF THE EUROPEAN CENTRAL BANK of 1 December 2020 amending Regulation of 28 November 2013 No 1409/2013 on payments statistics (ECB/2013/43) which, as from January 2022, covers all fraud data required under both the EBA guidelines as amended and the aforementioned ECB regulation. In this respect, the BCL has published the Regulation BCL 2021/30 “Règlement de la Banque centrale du Luxembourg / N° 30 du 12 juillet 2021 en matière de statistiques de paiement” in order to clarify the reporting obligations of all payment service providers in Luxembourg. As from the reporting period 1 January 2022 onwards, the statistical data needs to be compiled by the payment service providers and provided to the BCL using the CDDP6.
The instructions and the template to be filled in by payment service providers in the reporting process can be directly found on the web site of the BCL (see link in the “Documents” section below).
For any question on this data collection, please contact the BCL by sending an email to paymentoversight@bcl.lu.