Marketing of shares/units of an EU undertaking for collective investment in transferable securities (UCITS) in Luxembourg - notification procedure applicable from 1 July 2011
Directive 2009/65/EC of the European Parliament and the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (“the UCITS Directive”) provides and defines the notification procedure for UCITS proposing to market their units in a Member State other than their home Member State.
If a UCITS situated in another EU Member State proposes to market its units in Luxembourg, this UCITS must ensure that the documentation as laid down in Article 93(1) and (2) of the UCTIS Directive as well as an attestation that the UCITS fulfils the conditions imposed by the UCITS Directive is transmitted by the competent authority of the UCITS’ home Member State to the CSSF.
In the event of a change in the information regarding the arrangements made for marketing as communicated in the notification letter or a change regarding share classes to be marketed, the UCITS situated in another EU Member State of the European Union shall transmit a written notice thereof directly to the CSSF before implementing the change.
This notice may be transmitted either via e-file by using the procedure specifically foreseen in e-file for that purpose or via email to be sent exclusively to the address NOTIF-OPCETRUPD@cssf.lu.
Any transmission of such a notice by using another e-file procedure than the one specifically foreseen for that purpose or by sending an email to another address than NOTIF-OPCETRUPD@cssf.lu will be considered as null and void.