Non-judicial liquidation of a SIF
Specialised Investment Funds (SIF) shall remain subject to supervision by the CSSF in case of a non-judicial liquidation in accordance with Article 48 of the Law of 13 February 2007.
Application for the role of liquidator(s)
In the event of a non-judicial liquidation of a SIF, the liquidator(s) must be approved by the CSSF in accordance with Article 49 (1) of the Law of 13 February 2007. More information on the process for the examination of the application for the role of liquidator(s) can be found in the section Amendment to an existing SIF
Supervision of the fund in non-judicial liquidation
After removal from the official list, the division in charge of non-judicial liquidations will analyse the related documentation. The following information will be requested:
- Financial reports:
- Interim liquidation accounts and liquidator’s report
- Closing liquidation accounts and liquidator’s report
- Non-financial reports
- Periodical reports from the liquidator on the progress of the liquidation including explanations of any potential issues preventing the finalisation of the liquidation:
- Liquidation period extension requests (if the liquidation period is expected to exceed the 9-month deadline)
- Post-liquidation information (residual cash, closure of bank accounts…)
- Other documents on a case-by-case basis
Approval process for changes to a service provider during the non-judicial liquidation
This approval process comprises the approval of any changes to service providers during the liquidation period. A non-exhaustive list of examples of amendments falling under this procedure:
- Change of liquidator(s)
- Change of domiciliation agent
- Change of central administration
- Change of external auditor
Termination of contracts with service providers should be promptly communicated to the CSSF.
Submission of the request
The applicant must provide the CSSF with any relevant information for the examination of the request in the form of a detailed email. Because of the variety of possible amendments and, hence, the variety of information that changes accordingly, no questionnaire is currently required for the collection of the relevant information.
Any request file and appended documents must be submitted together via email to email@example.com.
Exchange of comments
The CSSF will contact the applicant (request for further information and/or supportive documents, supplementary confirmations, clarification of some aspects of the request…) after receiving an application if necessary.
Complementary information or documents must be submitted via email to firstname.lastname@example.org. The exchange of comments may be subject to reiteration until satisfactory completion of the examination phase.
If the applicant faces difficulties to provide further information on specific considerations of the application and does not provide the information requested by the CSSF within a reasonable time limit, the CSSF will contact the applicant to ask whether the application is to be continued or withdrawn.
End of examination and approval of request
If the CSSF takes a positive decision, we will issue an official accreditation letter sent by email.
If the examination of the proposed request was carried out upon documents in draft versions, the CSSF will inform the applicant by telephone and/or email and call for a final version of all the documents required to finalise the process. The final versions must not differ from the last draft versions submitted for examination.
If you need to contact the head of the division or the CSSF officer in connection with the application under review, you should refer to the instructions under “Contact”.