Regulatory notice

The FinDatEx released yesterday an updated version of its Security-by-Security template used by asset managers to communicate their fund portfolio holdings required by insurers for their Solvency II reporting.

On 5 January, the ESMA published the Compliance Table on Guidelines on marketing communications under the Regulation on Cross-border distribution of funds.

Yesterday, the CSSF published an updated its FAQ on virtual assets for investment funds and their managers.

ESMA recently published its answer to the European Commission’s request in relation to the use of reverse solicitation in asset management

The FinDatEx, a joint structure established by representatives of the European Financial services sector industry with the view to coordinate, organise and carry out standardisation work to facilitate the exchange of data between stakeholders in application of European Financial markets legislation released at the end of 2021 two updated EMT templates (EMT 3.0 and 3.1)

On 3 January 2022, the ESMA published its final report on appropriateness and execution-only requirements under MiFID II.

The origin of these guidelines results of a common supervisory action (CSA) led by ESMA on the application of the MiFID II requirements on the appropriateness assessment. The results of this CSA demonstrated the need for further convergence in the understanding and application of several areas of the appropriateness and execution-only requirements by firms in different Member States. This final report follows the consultation proposed a year ago and integrates comments received where considered relevant by the European Authority.

These Guidelines cover the following topics and sub-topics:

The CSSF published on 21 December 2021 an updated version of its FAQ on the investment fund market entry form.

The Grand-Ducal Decree amending the CSSF supervisory fee was published in the Memorial A on 22 December 2021.

For undertaking of collective investment, the following fee schedule applies from 1st January 2022:

The CSSF published yesterday 3 Circulars whose aim is to improve the Risk-Based Supervision of the CSSF, both for prudential and AML/CFT purposes, concerning investment fund managers (IFMs) and undertakings for collective investment (UCIs).