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Registration of an AIFM
Summary
Registration of an AIFM
Articles 3(2) and 3(3) of the Law of 12 July 2013 on alternative investment fund managers (“AIFM Law”) lay down the legal conditions that must be fulfilled for registration of an alternative investment fund manager (AIFM).
Commission Delegated Regulation (EU) No 231/2013 of 19 December 2012 specifies the rules for the application of certain articles of the AIFM Law.
All Luxembourg legal persons whose regular activity includes managing one or several alternative investment funds and that do not need to be authorised under Chapter 2 of the AIFM Law, must submit a request for registration as alternative investment fund manager to the CSSF.
The registration request must at least include the “Registration form for an alternative investment fund manager” (the “Registration form”), its supporting documents, as well as the “IFM EMIR questionnaire”, which are available for download in the section “Forms” below. The registration request must be sent to the CSSF by email exclusively to aifm_registration@cssf.lu.
An “AML/CFT IFM market entry form” must be filled in and submitted through our eDesk Portal at the same time as the filing of the registration request.
The registration request must be submitted to the CSSF in principle immediately and in any case within a reasonable delay. The CSSF considers as reasonable delay two (2) months maximum from the start of management of a first alternative investment fund (“AIF”). The start of management of a first AIF coincides in principle either with the creation date of such AIF, or with the transfer date of the management of such AIF if the latter was until then managed by another AIFM.
The CSSF considers that the information and supporting documents as required in the Registration form and AML/CFT IFM market entry form are the minimum information that should be included and reserves the right to request any additional information should further specifications be needed during the request review process.
The CSSF acknowledges receipt of the registration request within 2 working days and will communicate the name of the agent in charge of examining the request by way of an email to the email address of the contact person indicated in the Registration form.
The CSSF endeavours to contact the applicant (or the contact person indicated in the request form) within 10 working days after reception of the initial request and reserves the right to request additional information and/or documents and other additional confirmations, and/or specifications on other aspects of the request.
The CSSF sends a letter of registration of the alternative investment fund manager to the applicant as soon as the review of the request is completed and conclusive.
As a reminder, the CSSF may impose fines in case of omitted submission to the CSSF of a registration request.
The information needed to register the alternative investment fund manager shall be kept up to date. Hence, termination of business of alternative investment fund management, as well as any change to the information provided in the registration request must be communicated to the CSSF without delay. In addition, an updated Registration form shall be transmitted to the CSSF at least once a year.