Publié le 14 janvier 2019
Communiqué

Publication de formulaires relatifs à la libre prestation de services/l’établissement d’une succursale (uniquement en anglais)

The free provision of services on a cross-border basis requires CSSF authorisation before starting activities pursuant to Article 18 of Directive 2009/65/EC (Article 115 of the Law of 17 December 2010 (« UCI Law »)) and Article 33 of Directive 2011/61/EU (Article 32 of the Law of 12 July 2013 (« AIFM Law »)). Likewise, the creation of a branch requires CSSF authorisation before launching pursuant to Article 17 of Directive 2009/65/EC (Article 114 of the UCI Law) and Article 33 of Directive 2011/61/EU (Article 32 of the AIFM Law).

In order to standardise the authorisation processes, the CSSF has now published on its website two notification forms intended to management companies authorised under Chapter 15 of the UCI Law or AIFMs authorised following Article 5 of the AIFM Law, both referred to as « Manager ».

These forms have to be completed by Managers, or their authorised representatives, that wish to notify the CSSF of the Manager’s intention to:

  • provide services under the freedom to provide services pursuant to Article 18 of Directive 2009/65/EC only;
  • provide services under the freedom to provide services pursuant to Article 33 of Directive 2011/61/EU only;
  • provide services under the freedom to provide services pursuant to Article 18 of Directive 2009/65/EC and pursuant to Article 33 of the Directive 2011/61/EU;
  • establish a branch under freedom of establishment pursuant to Article 17 of Directive 2009/65/EC only;
  • establish a branch under freedom of establishment pursuant to Article 33 of Directive 2011/61/EU only;
  • establish a branch under freedom of establishment pursuant to Article 17 of Directive 2009/65/EC and pursuant to Article 33 of Directive 2011/61/EU.

Managers who want to notify changes should amend their initial notification by highlighting the changes.

The forms contain six tabs with mandatory fields to fill in, and one « Documents » tab, at the end, which lists the Appendix of documents which should be attached to a notification file. Managers should consider the footnotes in each tab as a help to fill in the different fields.

The CSSF advises that a submitted notification file can be handled only once it is complete, i.e. that all of the requested information in the tabs is provided and all of the necessary documents attached. Hence, any incomplete notification file will lead to delays in launching or completing the examination phase.

The notification letter shall be signed by an authorised signatory of the Manager or a third person empowered by a written mandate to act on behalf of the notifying Manager. The signatory shall state his/her full name and capacity, and shall ensure the confirmation is dated (refer to tab 6).

The notification files have to be submitted as specified in the « Documents » tab of the forms.