Cross-border (pre-)marketing: CSSF digitalised process

On 12 May 2022, the CSSF issued Circular 22/810 indicating that the reception and processing by the CSSF of the following (pre)marketing notification and de-notification procedures will be progressively digitalised and will henceforth have to be carried out (exclusively) via the CSSF eDesk Portal:

UCITS:  

• Marketing notification and de-notification procedures of Luxembourg UCITS in a Member State other than Luxembourg.

AIFs:  

• Marketing notification and de-notification procedures of EU/Luxembourg AIFs by Luxembourg AIFMs in any Member State including Luxembourg;
• Notification of pre-marketing of EU/Luxembourg AIFs by Luxembourg AIFMs in any Member State including Luxembourg.

EuVECA/EuSEF:

• Marketing notification and de-notification procedures of EuVECAs/EuSEFs by Luxembourg EuVECA/EuSEF managers in any Member State including Luxembourg;
• Notification of pre-marketing of EuVECAs/EuSEFs by Luxembourg EuVECA/EuSEF managers in any Member State including Luxembourg.

The CSSF further indicates that CSSF Circular 11/509 concerning the marketing notifications procedures to be followed by UCITS will be repealed (not yet but ultimately).

Circular 22/810 applies as from 12 May 2022. However, the precise list of digitalised (pre)-marketing notification/de-notification procedures will progressively be made available on the homepage of the eDesk Portal and the CSSF will inform the entities concerned in due course by separate communiqués. A user guide providing additional information and instructions for the online submission via the eDesk Portal will also be made available.