The Commission de Surveillance du Secteur Financier (CSSF), Luxembourg’s financial services regulator, has issued a notice that henceforth investment firms must use a new form to register various types of updates – or they will be declared null and void, and not be processed.
“Any update/change subject to prior authorisation or notification must henceforth be communicated to the CSSF using the duly completed dedicated data entry form,” it said.
Examples of the types of changes in scope, and which must be submitted using the Excel file format, include:
- Update of the general entity information (e.g. company name, address, contact persons, date of the General Meeting, articles of incorporation, etc.)
- Request to change the services and activities provided
- Request to change the management bodies (Board of Directors and authorised management)
- Request to change the shareholders with a qualifying holding
- Update of the information on the shareholders, including those without a qualifying holding
- Request to change the key function holders
- Request to change the réviseur d’entreprises agréé (approved statutory auditor)
- Request to open a representative office
- Request to use tied agents
“The dedicated Excel-based file includes dedicated sheets for the various situations that may arise. Investment firms must duly complete the information requested on the sheet corresponding to their request to change or update the information. The dedicated file can be used to insert any supporting documents in PDF format, where appropriate. Supervised entities must submit the completed dedicated file to the CSSF via their dedicated folder on MFT. We also ask investment firms to upload all supporting documents in PDF format separately into a sub-folder of their dedicated folder on MFT,” the CSSF update statement notes.
The CSSF has lodged the note under its main topic of MiFID II/MiFIR.
