The CSSF issued a reminder on January 13 to all Luxembourg-domiciled alternative investment fund managers and non-EU managers that are marketing alternative funds in the grand duchy under article 42 of the Alternative Investment Fund Managers Directive to assess their reporting obligations, set out in Article 3 (3)(d) of the directive of registered AIFMs and in article 24 (1), (2) and (4) for authorised (sub-threshold) and non-EU AIFMs.
The regulator advises managers affected that in addition to the AIFMD, transposed into Luxembourg by the law of July 12, 2013 on alternative investment fund managers, they should also consult the European Commission’s Delegated Regulation 231/2013 (available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:083:0001:0095:en:PDF); ESMA’s reporting guidelines and Q&A on the application of the
AIFMD (available at http://www.esma.europa.eu/page/Investment-management-o)asked questions (available at http://www.cssf.lu/fileadmin/files/AIFM/FAQ_AIFMD.pdf).
Managers are requested to submit reporting files to the regulator according to the technical requirements set out in CSSF Circular 14/581 of January 13, 2014, by a deadline of January 31, except for fund of funds, which enjoyed an additional 15 days.
Before submitting any reporting file the sender – either the manager or any entity to which reporting has been delegated – is required to register a certificate with the CSSF, as detailed in CSSF Circular 08/334. Senders that have already registered a certificate with the CSSF and are now submitting reporting on behalf of an AIFM are requested to inform the regulator of the manager’s identity by e-mail to aifm@cssf.lu.