Communiqué relatif aux nouveaux templates de notification des activités transfrontalières (uniquement en anglais)

On 25 March 2024, the European Commission published a set of new Regulatory Technical Standards (RTS or Commission Delegated Regulations (EU) 2024/911 and 2024/912) and Implementing Technical Standards (ITS or Commission Implementing Regulations (EU) 2024/910 and 2024/913) related to the notification of cross-border activities of Alternative Investment Fund Managers (AIFMs), management companies and Undertakings for Collective Investment in Transferable Securities (UCITS).

Following this publication, the CSSF would like to inform the supervised entities concerned that, as from 14 July 2024, new templates of notification letters will have to be used for the notification of their management and marketing cross-border activities within the European Economic Area (EEA). The new templates are available on the CSSF website on the following pages: AIFM page and management company page.

It should be noted that, in addition to the main notification letter for management activities, ESMA has issued a specific template for the notification of persons responsible for a branch. This template has to be attached to the notifications concerning the establishment of a branch and the modification of a branch, if applicable.

Initially, the process of transmission of notifications related to management activities to the CSSF will remain unchanged. The entities concerned must send the relevant notification forms and their annexes via email to the relevant address indicated on the CSSF website on the following pages: AIFM page and management company page. Subsequently, a dedicated eDesk module will be implemented. More details will be provided in due course.

It should be noted that the new templates will no longer allow an investment fund manager to notify management activities under both the UCITS Directive and the AIFMD  by using one template. Separate UCITS and AIFMD notifications will have to be prepared.

Finally, the CSSF attestations (AIFM and / or UCITS) will no longer have to be requested by the entities and added to the notification packages as part of the cross-border marketing and management activities, as they will be generated and added directly by the CSSF to the notification packages.