La CSSF met à disposition les formulaires OPC relatifs à la notification des erreurs et des cas de non-respect des règles de placement en vertu de la circulaire CSSF 24/856 (uniquement en anglais)

The new Circular CSSF 24/856 on the protection of investors in case of an NAV calculation error, an instance of non-compliance with the investment rules and other errors at UCI level enters into force on 1 January 2025. It repeals Circular CSSF 02/77 at the same time.

In order to account for the new category of other errors introduced by means of this new circular, the CSSF replaces the current notification forms in place under Circular CSSF 02/77, by taking at the same time this opportunity to introduce a secure transmission channel for the notification forms via the eDesk platform or alternatively via automated submission via API (S3 protocol).

In order to provide concerned entities with the possibility to familiarise themselves with the new notification forms, the implementation will follow a two-stage approach:

• The first stage will be initiated today by making the new notification forms available in the pre-production environment (“eDesk PREPROD platform”). This environment will allow every UCI, IFM and UCI administrator to take note of the new forms and to familiarise themselves with them. The notification forms will remain accessible on the eDesk PREPROD platform after 1 January 2025.

Please note that the eDesk PREPROD platform does not replace the PRODUCTION platform as further referred to hereafter under point 2 in relation to the second stage of implementation of the new notification forms. This means that reports and data provided through the eDesk PREPROD platform are not considered as having been transmitted to the CSSF for PRODUCTION purposes. Data submission through the eDesk PREPROD platform cannot be used as proof of submission. As a result, all errors/non-compliances detected on 31 December 2024 or before are still governed by the provisions of Circular CSSF 02/77 for which the related notifications must be submitted to the CSSF using the current notification forms.

On the eDesk PREPROD platform, the new notification forms will be available in the section “UCI notification in accordance with Circular CSSF 24/856”.

All advanced users of UCIs, IFMs and UCI administrators concerned by this notification form will receive an email today inviting them to create an “advanced user” in the PREPROD environment. Please refer to chapter 3.1 of the PREPROD user guide, available under this link.

Note: In case you fall under the above-mentioned scope of an “advanced user” but you have not received the above-mentioned email, including your credentials, please contact the CSSF at edesk.preprod@cssf.lu.

• During the second stage, starting on 1 January 2025, the notification forms will be available in the production environment (PRODUCTION platform). From that point onwards, it will be necessary to submit actual notifications through the new transmission channels to the CSSF.

Any error/instance of non-compliance detected after 1 January 2025 need to be notified using either the eDesk platform or the S3 protocol. A user guide will be published informing about the complete production procedure.

Finally, the CSSF acknowledges that the implementation of the new notification forms, along with the new transmission channels, can lead during the first three months to certain delays in notifying the CSSF of errors and non-compliances covered by Circular CSSF 24/856, as industry participants will have to familiarise themselves with the above-mentioned changes in the notification process.

For any questions regarding the eDesk notification forms, the following email address is available: edesk@cssf.lu.