The CSSF circular 22/810 issued on 12 May 2022 introduces changes in respect of the notification and withdrawal notification procedures in relation to the pre-marketing and cross boarder marketing which would henceforth be progressively available on the eDesk portal.
Consequently, the Circular 11/509, as amended, on notification procedures to be followed by a UCITS governed by Luxembourg law wishing to market its units in another Member State of the European Union and by a UCITS of another Member State of the European Union wishing to market its units in Luxembourg will be repealed.
The scope of the Circular 22/810 includes :
- (1) UCITS of part I of the Luxembourg UCITS Law wishing to market their units in another EU member state or to withdraw the marketing notification.
- (2) AIFMs established in Luxembourg :
- (i) pre-marketing in Luxembourg or in another EU member state,
- (ii) wishing to market in Luxembourg the units or shares of EU AIFs under their management or withdraw the marketing notification for such AIFs, or
- (iii) wishing to market in another member state units or shares of EU AIFs under their management or withdraw the notification for such AIFs.
- (3) Managers of Luxembourg EuVECA and EuSEF :
- (i) pre-marketing in Luxembourg or in another member state or
- (ii) marketing funds in Luxembourg or another member state.
