Regulatory notices

Yesterday, the CSSF published its Guidelines on UCITS Risk Reporting as of December 2021 as well as the template and an example of filled in template.

On 10 December 2021 the European Union published the Commission Delegated Regulation (EU) 2021/2178 of 6 July 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by specifying the content and presentation of information to be disclosed by undertakings subject to Articles 19a or 29a of Directive 2013/34/EU concerning environmentally sustainable economic activities and specifying the methodology to comply with that disclosure obligation.

Thursday 9 December 2021, the French Regulator “Autorité des Marchés Financiers” AMF published an update of its policy on the marketing of complex financial instruments DOC-2010-05.

The main changes that AMF brought to this policy relates to the ESG characteristics of the products.

The Directive (EU) 2019/2162 on the issue of covered bonds and covered bond public supervision amending the UCITS Directive is now implemented in the Luxembourg domestic legislation.

The Law adopted by the Parliament on 30 November 2021 was published in the Memorial A, the Luxembourg official gazette on 9 December 2021 and will enter into force on 8 July 2022.

Yesterday, the Banque de France published on its website 3 new updates of its technical documentation in the context of the implementation of the new fund data collection system called OPC2 on its OneGate portal.

On 3 December 2021, the Swiss Federal Council adopted an ordinance proroguing the transition period provided by the recent revised Law on the financial services to 31 December 2022 by which funds may continue to remit a simplified prospectus or a key investor document to private investors.

Yesterday 2nd of December 2021, the CSSF published a Communiqué informing entities under its supervision of the opening of the fast-track procedure to obtain the visa on the fund prospectuses updated to include the new requirements of the Taxonomy Regulation ( EU Regulation 2020/852) that will take effect on 1st of January 2022.

These requirements provide for transparency with regard to the environmental objectives of climate change mitigation and climate change adaptation.

Recently, the CSSF has released its first version of a FAQ on virtual assets to the attention of the UCITS and AIFMs.

The document deals with the possibility for the UCITS or the AIFs to invest in digital assets and the level of license an AIFM that intends to manage an AIF investing in this asset type must have.

Yesterday, the European Commission released its corrigendum of the SFDR Q&A published in last July.