Reporting to be submitted by IFMs

The following provisions apply to the following investment fund managers (hereinafter “IFMs”):

• management companies governed by Chapter 15 of the Law of 17 December 2010 on undertakings for collective investment (hereinafter “Chapter 15 management companies”);
• management companies governed by Articles 125(1) and 125(2) of Chapter 16 of the Law of 17 December 2010 relating to undertakings for collective investment;
• alternative investment fund managers governed by the Law of 12 July 2013 on alternative investment fund managers (hereinafter “AIFMs”).

This page sets out the various information that IFMs are required to send to the CSSF. Some obligations apply to all IFMs, while others concern certain IFMs in particular.

In addition, IFMs are, where applicable, subject to the obligations to report details of securities financing transactions (SFTs) and to report all derivative contracts to a trade repository in accordance with Article 4 of the SFTR and Article 9 of the EMIR respectively.

Depending on regulatory requirements, information may be sent monthly, quarterly, semi-annually or annually.

^{M= monthly; Q= quarterly; S= semi-annual; A=annual}

In accordance with Circular CSSF 23/833, depending on the approach or reporting concerned, professionals may use the following means of exchange:

• eDesk;
• API interface provided by the CSSF;
• MFT;
• External transmission channels (currently e-file and SOFiE).

To be noted that some information is transmitted by email.

The technical documents “Identification numbers of management companies (only in French) – CSSF“ and “Identification number NNNN – G2.1 reporting (only in French) – CSSF“  present the identifiers of the management companies and the AIFMs, respectively, to be used for transmitting information.

• Content: financial information on IFMs and their branches
• Frequency: quarterly and annual
• Submission deadline:
  • Quarterly for the final versions “N”, “L” and “S”: upon authorisation, by the 20th of the month following the reference date (31 March, 30 June, 30 September, 31 December)
  • Annual for final versions “D”: one month after the ordinary general meeting that approved the annual accounts
• Format: Excel
• Transmission:
  • For management companies: via e-file or SOFiE
  • For AIFMs: by email at aifm_reporting@cssf.lu
• Legal/regulatory reference: Circulars CSSF 15/633 and 10/467
• Additional information: IFMs with one or more branches must submit financial information for the registered office (accounting version “L”), for the registered office and branches (accounting version “N”) and for each branch individually (accounting version “S”, one table per branch).

• Content: documents to be submitted by investment vehicles and their managers
• Frequency: quarterly, semi-annual or annual, depending on the document type
• Submission deadline: depending on the document type
• Format: PDF-text or Excel depending on the document type
• Transmission: e-file or SOFiE
• Legal/regulatory reference: sectoral laws, Circulars CSSF 19/708, 18/698, 11/512
• Additional information: the Annex to Circular CSSF 19/708 is the reference for the list of documents to be transmitted, the related nomenclatures and the technical specifications.

• Content: self-assessment questionnaire, separate report and management letter
• Frequency: annual
• Submission deadline:
  • Self-assessment questionnaire: within four months of the end of the financial year
  • Separate report and management letter: within seven months of the end of the financial year
• Transmission: eDesk procedure “Collective Investment Sector Reporting Tool“ or API (S3) channel (SAQ)
• Legal/regulatory reference: Circular CSSF 21/789 (as amended by Circular CSSF 23/839)
• Additional information:
  • The circular sets out in general terms the role and remit of the approved statutory auditors (réviseurs d’entreprises agréés, REA) in the context of the statutory audit of IFMs’ accounts.
  • It also establishes a specific regulatory framework for the management letter and introduces a separate report (the “separate report”). The separate report includes specific checks that the CSSF requires the REA to carry out in relation to the IFMs’ self-assessment questionnaire.
  • To be noted that IFMs covered by Article 125(1) of Chapter 16 of the amended Law of 17 December 2010 relating to undertakings for collective investment fall solely within the scope of points 4.1 and 4.2 of the circular.

• Content: summary report by the “Responsable du contrôle” (RC) regarding the AML/CFT obligations on the activities and operations over the past year
• Frequency: annual
• Submission deadline: within five months of the end of the financial year
• Transmission: eDesk procedure “AML/CFT Summary report RC (SRRC)“ or API (S3) channel
• Legal/regulatory reference: Article 42(7) of CSSF Regulation No 12- 02, Circular CSSF 24/854
• Additional information:
  • The submission of the summary report applies to all Luxembourg IFMs, including registered AIFMs, Luxembourg branches of foreign investment fund managers and Luxembourg investment funds supervised by the CSSF for AML/CFT purposes.
  • Pursuant to Article 42(7) of CSSF Regulation No 12-02, the submission of the summary report to the CSSF is not applicable “for Luxembourg investment funds which have appointed a Luxembourg management company which submits this annual report”. Consequently, these funds do not fall within the scope of application.

• Content: information contained in precontractual documents relating to sustainability
• Frequency:
  • Initial report: at the latest on 15 June 2023
  • Subsequent report: each time the information is modified
• Transmission: eDesk procedure “SFDR – Precontractual funds/IORPs disclosures” or API (S3) channel
• Legal/regulatory reference: Commission Delegated Regulation (EU) 2022/1288 of 6 April 2022

• Content: specific information relating to Regulation (EU) 2019/2088 on sustainability‐related disclosures in the financial services sector (SFDR)
• Frequency: annual, when an audited annual report for the UCI is required
• Submission deadline:
  • For UCITS: five months after the end of the financial year;
  • For Part II UCIs, SIFs and SICARs: seven months after the end of the financial year
• Transmission: eDesk procedure “SFDR – Precontractual funds/IORPs” or API (S3) channel
• Legal/regulatory reference: Commission Delegated Regulation (EU) 2022/1288 of 6 April 2022

• Content: Data on investment funds’ exposure to commercial real estate
• Frequency: semi-annual (30 March and 30 September)
• Submission deadline:20 May and 20 October
• Transmission: eDesk procedure “Data collection on commercial real estate for investment fund managers” or API (S3) channel
• Legal/regulatory reference: ESRB Recommendation 2019/03

The technical document “Identifiers of AIF(M)s – CSSF“, to be used for the transmission of information, presents the identifiers of the AIFMs as well as those of their funds and compartments.

• Content: detailed list of all AIFs under management
• Frequence: quarterly
• Submission deadline: within 10 days of the end of the quarter
• Format: Excel
• Transmission: by email at aifm@cssf.lu
• Legal/regulatory reference: Article 22(3)(b) of the Law of 12 July 2013
• Additional information: the subject of the email must be “Quarterly list of alternative funds – <name of the manager>“

• Content: AIFM reporting in accordance with Annex IV of Commission Delegated Regulation (EU) No 231/2013 supplementing Directive 2011/61/EU
• Frequency: quarterly, semi-annual or annual¹
• Submission deadline: depending on the frequency¹
• Format: XML
• Transmission: eDesk procedure “Alternative Investment Fund Managers Reporting (AIFM)” or API (S3) channel
• Legal/regulatory reference: Article 22 of the Law of 12 July 2013, Circular CSSF 23/844
• Additional information:
  • The CSSF reminds all AIFMs that they are required to carry out an initial self-assessment of their reporting obligations and also to monitor compliance with these obligations on an ongoing basis, taking into account their status and the value of the assets under management for all the AIFs they manage. The AIFM is required to inform the CSSF prior to any change in these reporting obligations.
  • AIFMs established in a third country and authorised to market AIFs to professional investors in Luxembourg must, on their own initiative, comply with the reporting requirements.

^{1 See FAQ concerning the Luxembourg Law of 12 July 2013 on alternative investment fund managers – CSSF, Section 14. Reporting aspects for more details.}

• Content: information on GBP LDI funds
• Frequency: monthly
• Format: Excel
• Transmission: by email at opc_prud_risk@cssf.lu
• Legal/regulatory reference: Article 23 of the Law of 12 July 2013