CSSF Circular 22/810 on notification and withdrawal of notification procedures to be observed by Luxembourg undertakings for collective investment and investment fund managers for pre-marketing and cross-border marketing

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Union and by a UCITS of another Member State of the European Union wishing to market its units in Luxembourg will be repealed.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.

For any questions or help, do not hesitate to contact us.

Samia Rabia, Partner - Brouxel & Rabia Luxembourg Law Firm
Samia RABIA, Partner
Iya Martkoplichvili, Counsel - Brouxel & Rabia Luxembourg Law Firm
Iya MARTKOPLICHVILI, Counsel

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