UCITS ManCo European passport

Pursuant to the principle of mutual recognition of authorisations, management companies authorised in Luxembourg are allowed to carry out, in other Member States of the EU or in other States party to the EEA Agreement, any or all of the activities and services for which they have been authorised in accordance with Directive 2009/65/EC, after having completed the following notification procedures:

• notification to establish a branch in another Member State of the EU or in another State party to the EEA Agreement in accordance with Article 17 of Directive 2009/65/EC;
• notification under the freedom to provide services in another Member State of the EU or in another State party to the EEA Agreement in accordance with Article 18 of Directive 2009/65/EC;

Notifications, changes to the initial notifications, as well as the cessation of cross-border activities, must be submitted to the CSSF exclusively via the dedicated eDesk Portal.

The notification forms for all these procedures are available for download in the “Forms” section below.

Attention points:

• in the event of a notification concerning the establishment or the modification of a branch, the following documents must also, where applicable, be attached to the general notification letter: the notification letter of persons responsible for the branch and the CSSF Annex to the general notification letter;
• in the event of a notification concerning the intention to provide services referred to in Article 6(3) of Directive 2009/65/EC, in addition to the aforementioned documents, the “MiFID Annex to the notification letter (…)” must also be attached. The form is available for download in the “Forms” section below.

The eDesk Portal can be accessed at https://edesk.apps.cssf.lu/edesk-dashboard/dashboard/getstarted.

The list of relevant procedures is published and kept up to date on the eDesk Portal’s homepage and should be consulted regularly by the relevant entities.

A user guide, available via the eDesk Portal, will provide further information and instructions.

For any technical questions regarding the eDesk application, please contact our helpdesk at edesk@cssf.lu.

Management companies authorised in the EU/EEA that intend to exercise their activities in Luxembourg under the freedom of establishment or under the freedom to provide services are required to complete the necessary formalities with their Home State authority which will notify the CSSF.

The same applies to  changes to the initial notification.

Management companies authorised in the EU/EEA are required to notify in writing any changes to initial notifications as well as the termination of cross-border activities to their Home State authority and to the CSSF via email to lu_manco_ucits_notif@cssf.lu in accordance with Articles 17 and 18 of Directive 2009/65/EC.

Information on the fees to be paid by AIFMs is set out in a Grand-ducal Regulation on the fees to be charged by the CSSF, available in the “Laws, regulations and directives” section below.