The Commission de Surveillance du Secteur Financier (CSSF) has today published guidance on the notification to it by non-EU AIFMs of their intention to market their EU and non-EU AIFs to professional investors in Luxembourg pursuant to article 42 of the AIFM Directive (AIFMD). Such guidance is in line with the approach being taken in other EU jurisdictions and is a necessary step to ensure compliance with the law when the transition period ends on 22 July next. The CSSF confirms that the marketing of such funds will be accepted via a simple information email. This email should be accompanied by the information form which is now available to download on the CSSF website. To access the form directly please click on the link below named marketing-AIF. The CSSF has confirmed that no documents have to be annexed to the information form except when the non-EU AIFM is required to proceed with a notification of the acquisition of major holdings and control of non-listed companies within the meaning of article 27 of the AIFMD. The CSSF furthermore has confirmed that upon notification, the non-EU AIFM may begin its marketing activities. There is no obligation to await a response from the CSSF. Finally, a new version of the CSSF FAQ document has also been published today (version 7, 18 July 2014) and is available for download below. Please contact us should you require any further information.

Contacts

Gilles Dusemon

Partner

Investment Management, Private Equity & Real Estate

Claude Niedner

Partner

Investment Management, Private Equity & Real Estate

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