Legal reporting for Management Company – Chapter 16

Legal reporting encompasses all the periodic and ad hoc information to be transmitted to the CSSF for prudential supervisory purposes by management companies authorised under Chapter 16 of the Law of 17 December 2010 relating to undertakings for collective investment (“Management Companies – Chapter 16”), under its supervision, observing the file transport and data protection instructions.

The supervised entities are required to transmit periodic data to the CSSF relating to their activities on a quarterly or annual basis, depending on the circumstances.

The instructions of the CSSF only concern the prudential reporting (table SG), for which the CSSF is responsible.

File transport and data protection provides additional technical details regarding the transmission channels for reporting.

Please refer to the pages for “Investment funds and vehicles” for instructions relating to information that internally managed alternative investment funds must provide to the CSSF.

In accordance with Circulars CSSF 15/633 and 10/467, Management Companies – Chapter 16 must report financial information on a quarterly basis to the CSSF (final version “N”).

In addition, Management Companies – Chapter 16 must report financial information on an annual basis to the CSSF (final version “D”).

The annual financial information concerns the audited accounts as at financial year-end which does not necessarily match with the calendar year-end. If the financial year-end does not match with a quarter-end or the calendar year-end, the audited accounts must be reported on either 31 March, 30 June, 30 September or 31 December, whichever date is the closest. Management Companies – Chapter 16 shall communicate these accounts one month after the ordinary general meeting that approved the annual accounts was held.

The reporting obligation starts from the authorisation date of the Management Company – Chapter 16 even if it does not manage any funds.

The information to be submitted is detailed in the above-mentioned Circulars and should be transmitted via the transmission channels in Excel format.

In accordance with Circulars CSSF 15/633  and CSSF 10/467, Management Companies – Chapter 16 which have one or more branches must report financial information to the CSSF on the registered office (accounting version “L”), head office and branches (accounting version “N”) and each individual branch (accounting version “S”, one for each branch).

In the same way as for National prudential reporting above, Management Companies – Chapter 16 which have one or more branches must report financial information to the CSSF on a quarterly (final version “N) and annual (final version “D”) basis.

The reporting obligation starts from the authorisation date of the Management Company – Chapter 16 even if it does not manage any funds.

The information to be submitted is detailed in the above-mentioned Circulars and should be transmitted via the transmission channels in Excel format.

The legal publication of accounts of Luxembourg-registered Management Companies – Chapter 16 is governed by the Law of 10 August 1915 relating to the commercial companies, as amended and the Law of 19 December 2002 on the register of commerce and companies and the accounting and annual accounts of undertakings.

Article 69ter of the Law of 19 December 2002 stipulates that “[…] the annual accounts […] are drawn up and published […].”

In addition, Circular 18/698 stipulates that “[…] closing documents to be provided yearly […] within one month after the ordinary general meeting that approved the annual accounts of the IFM and seven months following the closing date of the financial year of the IFM at the latest : audited annual report of the IFM.”

All legal and regulatory documents (including FAQs) can be found in the Regulatory framework section.

All forms can be found in the Publication and Data section.