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Pursuant to Article 2(1) of the Law of 23 December 1998 establishing a financial sector supervisory commission (“Commission de surveillance du secteur financier”), as amended, the CSSF is the competent authority for the prudential supervision of specialised PFS within the meaning of Articles 13 to 23 of the Law of 5 April 1993 on the financial sector, as amended (the “Law”).
The specialised PFS are required to submit to the CSSF the annual closing documents at the latest one month after the ordinary general meeting of the shareholders/members that approved the annual accounts.
This obligation is based on point (1) of Article 53(1) of the Law which confers on the CSSF the power to “have access to any document or data in any form whatsoever, which the CSSF considers could be relevant for the performance of its supervisory mission, and to receive or take a copy of it.”
Pursuant to Circular CSSF 22/793 concerning the electronic transmission of the annual closing documents to the CSSF, the specialised PFS are required to submit all annual closing documents via the dedicated application eDesk.