New publications from the AED with regard to AML/CFT for covered professionals

In January 2026, the Administration des Enregistrements et des Domaines (“AED”), the supervisory authority in the AML/CFT field for a number of professionals subject to the Law of 12 November 2004 on the fight against money laundering and terrorist financing, as amended (“AML Law”), published the following new guidelines, which are notably relevant for reserved alternative investment funds (“RAIFs”) and other non-regulated alternative investment funds (“AIFs”):

• AED Circular 792 quater of 26 January 2026 (“New AED Circular” available through this hyperlink only in French), which applies to all professionals subject to AML/CFT supervision by the AED (including RAIFs and other non-regulated AIFs) and replaces AED Circular 792 ter of 28 July 2025.

  The New AED Circular keeps and recalls the overarching distinction, deriving from the AML Law, between the notions of identification and verification of identity of the customer, clarifying the AED’s understanding of these notions and the obligation for the professionals to be able to provide evidence of compliance with the related due diligence obligations not only for their natural person customers (as stated in AED Circular 792 ter) but also for their legal entity or legal arrangement customers (that are now also covered by the New AED Circular).

  In a nutshell, the New AED Circular reiterates that professionals must identify and verify their clients (both natural persons and legal entities or arrangements) by using reliable, independent sources and proportionate, risk based measures. In that context, the New AED Circular notably stresses that non-Luxembourg identification documents for natural person customers must appear in the original language and in a language allowing comprehension by the relevant professional (and thus not necessarily English as previously requested by the AED), while indicating that the AED may request a translation from the professional into one of Luxembourg’s official languages or English, which should be provided within two weeks of request. The nature and scope of the information and documents required by the New AED Circular to identify and verify the identity of legal entity or legal arrangement customers are mostly in line with the requirements imposed in that respect on the professionals subject to AML/CFT supervision by the Luxembourg supervisory authority of the financial sector (“CSSF”).

  Lastly, interestingly, the New AED Circular continues to explicitly make the distinction between the verification obligations of the professionals in general, and on the other hand, the authentication performed by a competent and independent authority, and retained by the professional as identification verification means in case of enhanced due diligence.

• AED newsletter for AIFs and RAIFs of January 2026 (“Newsletter” available on the AED website, section “Communication”).

  According to the Newsletter, while all RAIFs will still have to submit the AML/CFT questionnaire and RC report covering the year 2025, the submission of these documents by other non-regulated AIFs will be limited to those AIFs having received an invitation to this end from the AED.

  For the avoidance of doubt, non-regulated AIFs (other than RAIFs) still have the obligation to prepare their RC report, but the filing of this report with the AED is required only upon request from the AED. Accordingly, non-regulated AIFs (other than RAIFs) should double check with their domiciliary agent that any correspondence from the AED is escalated to the RR/RC without delay, so that, as the case may be, they are able to file the RC report and AML/CFT questionnaire within the timeframe prescribed by the AED. The AED already mentioned that any failure to file these documents on time will be subject to enforcement.

  On their side, RAIFs are invited to regularly consult the AED website for any updates on the content, deadline and instructions to submit their AML/CFT questionnaire and RC report covering the year 2025.

Should you wish to receive more information in respect of the above, please feel free to reach out to your usual contact persons at Elvinger Hoss Prussen.