Legal reporting

A) Reporting according to Annex IV of Commission Delegated Regulation (EU) No 231/2013 supplementing Directive 2011/61/EU

 

Instructions - AIFMs

Please refer to Circular CSSF 14/581 for instructions relating to information that AIFMs must provide.

 

Additional information is available in sub-section FAQ.

 

Furthermore, AIFMs are invited to visit regularly the website of ESMA (www.esma.europa.eu) regarding any update concerning this reporting. AIFMs must comply with the ESMA Guidelines on reporting obligations under Articles 3(3)(d) and 24(1), (2) and (4) of the AIFMD (ESMA/2014/869). At this time the most recent document published by ESMA is dated 8 August 2014. Any future updates to this document should also be considered.

 

The CSSF reminds all AIFMs that they are required to do an initial self-assessment and a continuous self monitoring of their reporting duties, taking into account their status as well as amounts managed. It is up to the AIFM to inform the CSSF prior to any changes with regard to the reporting duties of the AIFM.

 

Non-EU AIFMs that are authorised to market AIFs to professional investors in Luxembourg must, on their own initiative, comply with the reporting requirements. 

 

The reporting files have to be sent exclusively using the “channel” infrastructure (cf. File transport and data protection).

 

The reporting has to be made in XML format. The reporting files have to be compliant with the last XSD as published by ESMA.

www.esma.europa.eu/sites/default/files/library/2015/11/2013-1361_aifmd_reporting_xml_documents_v1.2.zip

 

Return files

Only after successful decryption of the reporting file (i.e. an AIFFBR file confirming the successful decryption will be sent back), automatic validation rules as defined by ESMA and CSSF will be executed. The result of this validation procedure is sent back in an AIFFDB file using the naming convention as specified in Annex 2 of Circular CSSF 14/581. The XSD specifications of the AIFFDB file are included in AIFM_CSSF_FDB_V1.0.zip. Please note that the results of additional checks will be returned later on in an AIFFBH file.

 

The following document describes the different return files and respective error codes and error messages: FEEDBACK_FILES_ERROR_CODES.pdf 

 

Identifiers of AIF(M)s

This file lists the AIF(M) identifiers to be used for the periodic reporting:

IDENTIFIANTS_AIFM.zip

 

 

B) Financial reporting according to Circular CSSF 15/633 of 29 December 2015

Authorised external investment fund managers under the law of 12 July 2013 on alternative investment fund managers (AIFMs) listed in the file below shall send their downloaded files exclusively to the email address aifm_reporting@cssf.lu. For the time being, they cannot use electronic transmission as set out in Circular CSSF 10/467. However, IT developments are planned in order to allow transmission of files according to Circular CSSF 10/467. AIFMs shall observe the following when completing the tables:

 

Quarterly information 

 

Quarterly reporting [financial situation (table SG 1A), profit and loss account (table SG 1B), table regarding the management of UCIs (table SG 1C), table regarding other activities (table SG 2) and quarterly staff figures (table SG Personnel)] 

 

AIFMs shall use appropriate accounting versions. AIFMs with branches shall transmit the versions L, N and S to the CSSF (a version "S" shall be filled in for every branch), whereas AIFMs without branches shall only transmit version "L". Luxembourg branches of EU AIFMs shall use the tables' version "L".

 

For the transmission of quarterly reporting, the final version shall be "N" (the final version "D" is for annual reporting). 

 

In order to transmit the quarterly reporting, AIFMs are invited to use the Excel template available for download below. 

 

Please note that AIFMs shall under no circumstances modify the structure of the template or delete the tables that they are not required to fill in. 

 

Template (accounting version: "L" - figures of the sole head office in Luxembourg, "N" - overall figures of the AIFM including its branches and "S" - figures of the branches, as many tables as branches) 

 

AIFMs are requested to fill in every table that relates to the different activities covered by their authorisation of establishment. 

 

Annual information 

 

In addition to the above-mentioned periodic information, AIFMs are invited to report, on a yearly basis, a final financial statement and a final profit and loss account, as of the closing date of the financial year. AIFMs shall communicate these figures one month after the ordinary general meeting that approved the annual financial statements was held. 

 

For the purpose of communicating the final annual figures, the same template than the one provided for the quarterly reporting shall be used but the final version “D” shall be chosen for the cover page. It shall state the final figures of the sole head office in Luxembourg (accounting version "L", final version "D" and, if applicable, the final overall figures of the head office and of all the branches (accounting version "N", final version "D")). 

 

General information on AIFMs 

 

In order to avoid any typing errors in the table "General Information", the template uses drop-down lists in the following sections: Period, Currency, Accounting Version and Final Version. The reporting period shall be indicated by using the format DD/MM/YY. For AIFMs, row 13 of worksheet "Reporting SG" need not be filled in. 

 

The files submitted by AIFMs shall observe the same nomenclature as the one set out in Circular CSSF 10/467. However, for the reporting entity, ANNNN should be used instead of SNNNN. The identification number NNNN can be found in the file AIFM_Reporting633.zip.