Communication à l’industrie des fonds d’investissement concernant la notification de l’intention d’un GFI établi au Luxembourg de fournir des services auxiliaires à des tiers (uniquement en anglais)
en vertu de l’article 5, paragraphe 4, point b), iv), de la loi de 2013 et/ou de l’article 101, paragraphe 3, point b), quatrième tiret, de la loi de 2010
The Law of 3 March 2026 has been adopted to transpose Directive (EU) 2024/927 of the European Parliament and of the Council of 13 March 2024 into Luxembourg law. In this context, additional activities and/or functions have been introduced for UCITS management companies and authorised alternative investment fund managers.
According to Article 5(4)(b)(iv) of the Law of 12 July 2013 on alternative investment fund managers (the “Law of 2013”) and/or Article 101(3)(b), fourth indent of the Law of 17 December 2010 relating to undertakings for collective investment (the “Law of 2010”), national competent authorities (NCAs) may authorise an investment fund manager (IFM) to provide certain other functions or activities to third parties under the condition that these functions are already provided by the IFM in relation to an undertaking for collective investment (UCI) that it manages, or in relation to services that it provides in accordance with the aforementioned article(s).
In this context, the CSSF hereby informs market participants of the publication on its website of a new dedicated form Notification of the intention of a Luxembourg-based IFM to provide ancillary services to third parties under Article 5(4)(b)(iv) of the Law of 2013 and/or Article 101(3)(b), fourth indent of the Law of 2010. Any IFM wishing to provide these activities and/or functions for the first time should request authorisation from the CSSF by filling in and submitting this form. In addition, the articles of incorporation of the IFM should be updated by specifying within their corporate object the possibility to provide these ancillary services.
The addition of supplementary activities and/or functions under the updated articles of incorporation does not require a new authorisation from the CSSF, but only a notification.
The CSSF reserves the right to request additional information about the initial or any supplementary notification at any time.
The CSSF highlights that this form is not to be used for the request to provide any other non-core services as per Article 5(4)(b)(i) to (iii) of the Law of 2013 and/or Article 101(3)(b), first to third indent of the Law of 2010.