UCITS marketing notifications – Guidelines on cross-border marketing notification and de-notification procedures

Following the previous communication by the CSSF on 15 November 2023 (see eventid=23993), in which the CSSF reminded of its CSSF Circular 22/810 on 12 May 2022 which informed Luxembourg UCITS of the upcoming changes to the marketing notification and de-notification procedures for shares in another Member State, the CSSF published a new communication, informing concerned supervised entities that a new version of the „User guide – eDesk – ePassporting module“ is now available. This guide contains information and practical specifications for the transmission of cross-border marketing notifications and de-notifications for UCITS through eDesk or an API solution (S3 technology).
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As a reminder, CSSF Circular 22/810 states that as of 2 January 2024, the eDesk Portal will be available for Luxembourg UCITS to notify or de-notify arrangements for marketing of shares in accordance with Article 6 of the Law of 17 December 2010 relating to undertakings for collective investment (UCI Law). In parallel, Circular CSSF 11/509 will be repealed on 2 January 2024, as the marketing notification and de-notification procedures will be available via the eDesk Portal. The eDesk Portal can be accessed HERE.
As scheduled, the CSSF published a communiqué on 13 December 2023 regarding UCITS marketing notifications. It informs supervised entities about the availability of a new version of the User guide for the eDesk ePassporting module. This guide contains information and practical specifications for the transmission of cross-border marketing notifications and de-notifications for UCITS through eDesk or an API solution (S3 technology). For further inquiries, the supervised entities are advised to contact the helpdesk at the specified email address: edesk_opc@cssf.lu.
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More specifically, the updated CSSF Guideline on Notification and De-notification Procedures outlines the documentation requirements for submitting notification or de-notification files for AIFs and UCITS to the CSSF, ensuring compliance with regulatory procedures and documentation standards. The documentation includes the notification letter, CSSF attestation, management regulations or articles of incorporation, confirmation of payment, and optional documents such as prospectus, key information document, and reports. As the submission of applications to the CSSF can be done through the eDesk portal or an API solution, the guideline provides detailed information on the connection to the tool, request summary, action buttons, and notification file processing. It also specifies the naming conventions for documents and provides a list of error codes for document submission. The guideline further includes tables listing the required documents for AIF and UCITS notifications and de-notifications, along with the expected indexation for each document.